Worried and very scared

[Tiffanysballoons]

I am in the start of a divorce - Have joint mortgage for £102k (including £5K arrears) House is valued at 200K I am currently residing in the property with my 7 years daughter, Ex husband is not paying anything towards the mortgage and hasnt for past 2 years.

 

Was keeping Lender (Nationwide) happy with payments made by the DWP but these have now stopped due to allegations made by the Ex Husband.

 

I have a repossession hearing 2moro at 11 am. I have exhausted all ideas, Nationwide would have adjourned hearing if I could have got form signed to extend mortgage but ex husband wont sign and they will not convert to interest only mortgage cos they insist I have to have £150K equity.

 

Been told the best I can hope for 2moro is that they give me 56 days before eviction rather than 28 days.

 

I really dont know what I am going to do, I am so scared and worried for my daughter

[Ell-enn]

Have you filled in the N11M defence form and returned it to court? have you taken advice on what to do for the hearing before tonight?

[havinastella]

Tiffany

 

REALLY REALLY listen to Ellenn.

 

If anyone can help, then its her!

 

Best wishes!

[Tiffanysballoons]

I have been seeking Legal Advice but best advice they offered was that to ask for 56 days rather than 28 days - was told not to complete the defence form !!!

[Ell-enn]

Who told you not to fill in the defence form ?

If you are given 28 or 56 days please come back on here and we can see what could be done to keep you in your home. All is not lost even if the lender is given a possession order at this stage.When you get to the court today ask if there are any free legal advisors on duty, if there are approach them, tell thejm about your situation - they will accompany you into the hearing and support your case.

[Tiffanysballoons]

My Solicitor told me not to complete it as I didnt have a defence apparently.

 

God I feel sick - will let you know how I get on

 

Thank you very much

[Ell-enn]

What allegations has your ex made that resulted in the DWP stopping payments ?

[Tiffanysballoons]

That I was cohabiting and working - neither allegations were true but result of so many allegations I was advised to go self employed (I previously had started a Balloon Decor Company when I was with my ex husband but got ill and decided the stress was to much so closed it down) If I went self employed I could then claim working tax credit and the figures would not vary very much. This business is not making any money. I am not trying to get advice as to whether I would be better to go on JSA as Income Support is no longer available as my daughter is now 7

[Tiffanysballoons]

Possession has just been granted to Nationwide for 56 days

[newstarter]

Ok so the Nationwide have been granted a 56 day possession order,all is not lost.We need to know your total monthly income and your outgoings per month so we have an idea of what and what isnt affordable and what benefits your claiming,lets have an overall picture of your finances before going any further,regards NS.

[Ell-enn]

OK, realistically what chance do you have of paying the mortgage + something towards the arrears ?

[Tiffanysballoons]

I can not afford to pay the whole monthly payments plus arrears but someone mentioned to me getting a lodger to pay rent ? Is this an option ?

[Ell-enn]

Could be - do you have anyone in mind?

Can I also suggest that you contact Shelter 0808 800 4444 , they are fantastic in these situations.

[Tiffanysballoons]

My Gay best friend is looking for somewhere to rent and has mentioned it to me in the past but I didnt think I was allowed to do that as the property is jointly owned.

[Ell-enn]

Give Shelter a call and ask them

[Tiffanysballoons]

Thank you will do xxx

[Tiffanysballoons]

Didnt get any answers re Lodger - They advised me to contact my Local Authority, they have told me I should be looking to privately rent, but I am not in a position to do this due to my credit rating and deposit. I am hoping my solicitor will get somewhere with the Maintenance Order against my ex husband but they do not appear to be very helpful.

[newstarter]

I would take in your lodger friend.You have fifty six days until the Nationwide serve an eviction notice on you so you have to move fast.First off i would go self employed and claim your working tax credits along with your child tax credits and child benefit,that together with the rent from your friend might just save the day.

 

Second,i would be on the phone to the D.W.P like a shot,sounds like your ex has stirred up some trouble,you need to appeal that desicion straight away,while im on the subject of your ex,where,s the maintainance? why isnt he paying for his child,you want to be on the phone to the C.S.A TOMMORROW MORNING. Something tells me he,s angling to get the house repossessed,or force you into selling.Look this guy is getting nasty and i think you have to toughen up a little,start fighting back and take charge.Take in your lodger look what your entitled to and appeal that ruling.

[Ell-enn]

If you can get all those things done, we can help you appeal eviction.

[newstarter]

p.s remember if your ex is willing to see the roof be taken away from over you and your daughters heads then its time to play as dirty as he is doing and protect and fight for what you have.

[Lea_HTH]

Thank you will do xxx

 

I think it might actually help if you give some actual details to see whether or not you have a realistic prospect of resolving this issue.

 

How much is the current mortgage instalment?

How much are the arrears?

How much can you afford to pay towards the CMI?

How much will the lodger pay?

How soon can the lodger move in?

How long is left on the term of the mortgage?

Does the property have any equity in it?

Are there any other loans secured on the property?

Do you have other loans/credit cards etc?

 

With regards to the alleged benefit fraud - the DWP tend to do investigations prior to stopping someone's benefits - did you have someone staying with you more than a couple of nights a week? They are known to do surveillance, so if it is possible, then they would certainly have evidence to support the withdrawal of your benefits.

The DWP will reduce any entitlement if you have a lodger.

Your ex will be entitled to a share of the payment from the lodger if the property is in joint names.