beginning of fight against possession order

[elliesnan]

both of us were made redundant last year. we both are back in full time work been a struggle but slowly getting back on our feet. Mortgage company not happy with the amount we can pay off arrears so had a solicitors letter yesterday asking for arrears to be paid off by 22 May or were going to court. Have written again to Mortgage company and replied to solicitors saying we will be defending any possession order so l'm sure we will be asking for lots of advice as things progress, from you lovely people on this site.

[Bona]

How much are you in arreas and whos the mortgage company

[elliesnan]

Hi Bona sorry been at work so only just catching up £2700.00 and it's with Platform

[Bona]

what are you paying off the arreas at the moment

[elliesnan]

£30.00 but l asked for it to be dropped to £20.00 plus l had to miss another payment as l was just playing catch up that's when they said no l am hoping the judge will let us pay it over the lifetime of the mortgage with us paying in extra as we get back on our feet

[Ell-enn]

Hi there, if and when you get court papers for possession we can help you to complete them.

 

When you wrote to Platform and the solicitors did you send them an income and expenditure sheet showing how much you could afford towards the arrears? If not, it would be a good idea to write and enclose the I&E sheet, it may just stave off any further proceedings.

 

Kind Regards

 

Ell-enn

[elliesnan]

Thankyou Ell enn i've already posted replies to them both but l can do that this week and send it seperatly

[Ell-enn]

Hi there, you can get a budget sheet here National Debtline England & Wales | Personal Budget Sheet - send it with a covering letter to Platform - make sure you have the correct department to send it to, if necessary ring up and ask for the address and postcode. Send by recorded or guaranteed next day delivery and keep a copy of the letter and budget sheet for yourself. Check on the Royal Mail website a few days later to check that it has been signed for. Print of the receipt and keep with your copy of the letter - we can use that in your defence statement if it gets to court.

 

The sooner you send the letter the better.

 

You don't need to send it to the solicitors, as they cannot accept payment proposals and will only pass it on to Platform.

 

Kind Regards

 

Ell-enn

[elliesnan]

thanks ell-en that was nice and simple! post that off to mortgage lender today

[Ell-enn]

That's great, let us know what happens next.

 

Kind Regards

 

Ell-enn

[JonCris]

£30.00 but l asked for it to be dropped to £20.00 plus l had to miss another payment as l was just playing catch up that's when they said no l am hoping the judge will let us pay it over the lifetime of the mortgage with us paying in extra as we get back on our feet

 

I assume your going to use the Cheltenham and Gloucester v Norgan argument to have the arrears spread over the full term

 

Also as your 'mortgage' company are not your actual mortgage company have you considered telling the court the 'mortgage' company have no ability to modify the agreement should you fall into difficulties & this was something that was deliberately hidden from you when you entered into the agreement

[angel_1]

hiya all and may i ask you especially joncris a question ref the norgen argument

have heard about it, and hope i can use it as my defense too

 

ive a complaint put in with my mortgage co, and ive had a letter from their litigation team ive responded and referred to the complaint am waiting for a reply within a couple of more weeks,

can only the norgen argument be expressed in the court hearing or can i actually put it into writing to the mortgage company now as a possible conclusion, ive asked for the arrears to be spread over remaining term already but was told i had to show 6 months continious payments,,,

 

im hoping that they actually look at my complaint, if not not sure how i stand now with this threat of legal action about to be commenced if dont clear the arrears in the next 7 days

 

many thanks for your guidance ciao MAZ

[Ell-enn]

Hi there, although the Norgan case is used in defences against possession in court, I can see no reason why you can't point out to your lender that should they take court action you will defend using that case law. Of course they're not bound to take any notice of that - but the court is. More details here: http://www.nationaldebtline.co.uk/england_wales/pdf/self_help_pack/mortgage_arrears.pdf

 

 

Remember to send any correspondence to your lender by recorded delivery, check on the Royalmail website a few days later to see that it has been signed for and then print off the receipt to keep with a copy of the letter you send. If you want the lender to consider a payment plan, it's best to include an income and expenditure sheet with your letter showing that what you are offering is all you can afford. You can download a budget sheet here: National Debtline England & Wales | Personal Budget Sheet

 

Kind Regards

 

Ell-enn

[angel_1]

Hello Ell-enn

 

Many thanks for your prompt reply, ive sent everything recorded delivery good idea to print off the receipt off the post office site to keep with paperwork.

 

i will keep you updated there is more to the complaint than im wanting to say as yet, as awaiting on reply , so once ive had my reply will update more fully, there may be spies,,,lol

 

but yes the case law is interesting, im hoping they conclude what ive asked them before i need to use the norgan element.

 

ive subscribed to this thread and will come back to update

 

ciao for now and thanks again Ciao MAZ

[Ell-enn]

Good Luck Maz, look forward to your update.

[Bona]

Good luck

[JonCris]

Norgan

http://www.creditlaw.co.uk/Cases/cheltenham.htm

[elliesnan]

I assume your going to use the Cheltenham and Gloucester v Norgen argument to have the arrears spread over the full term

 

Also as your 'mortgage' company are not your actual mortgage company have you considered telling the court the 'mortgage' company have no ability to modify the agreement should you fall into difficulties & this was something that was deliberately hidden from you when you entered into the agreement

can you clarify the second part of your post regarding the mortgage company not actually being the mortgage company? l don't understand what you mean? cheers

[elliesnan]

hiya all and may i ask you especially joncris a question ref the norgen argument

have heard about it, and hope i can use it as my defense too

 

ive a complaint put in with my mortgage co, and ive had a letter from their litigation team ive responded and referred to the complaint am waiting for a reply within a couple of more weeks,

can only the norgen argument be expressed in the court hearing or can i actually put it into writing to the mortgage company now as a possible conclusion, ive asked for the arrears to be spread over remaining term already but was told i had to show 6 months continious payments,,,

 

im hoping that they actually look at my complaint, if not not sure how i stand now with this threat of legal action about to be commenced if dont clear the arrears in the next 7 days

 

many thanks for your guidance ciao MAZ

Hi maz l have asked for the arrears to be spread over the lifetime of the mortgage l believe it's called capitalising so l will see what reply if any l get

[JonCris]

Your mortgage is sub-prime yes/no??

[elliesnan]

yes it is

[elliesnan]

it is yes

[JonCris]

Then read this throughly & carefully

 

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/144942-sub-prime-mortgages-repossessions.html

[angel_1]

hiya all for your good luck wishes

 

elliesnan, ive already suggested that they spread over the remaining 12 and half years on my mortgage but was told they wouldnt consider this until id paid 6 full months of payments, so thats why the norgan case i now find interesting,

 

what is the purpose to take me to court and get possession when ive been trying to catch up and ive struggling to pay and the arrears spread over the remaining term would help enormously - as i say other stuff ive complained about so will update you all,

 

im thinking of tackling one of my local member of parliament to see if he will look into these problems affecting mortgage payers who are genuinely trying to keep up the payments and this norgan case would end a lot of worry for many households,

i do have about 50 k in equity so it s not like just over 2 k worth of arrears is going to dent their risk of me.

 

anyway have a fun day ciao for now MAZ and thanks to all for replying much appreciated

[JonCris]

It's because you DO have substancial equity that they are seeking to repossess rather than allow an altered payment schedule which can only be of limited duration (2 missed payments perhaps)

 

In addition if you read the link I gave you you will see that any suggestion by them that can do any thing other than seek eviction is being said in bad faith

 

As well as using Norgan you need to question just who your dealing with & when you expose their true purpose to the court the court may be less inclined to grant their order