Please help me - I am at my wits end :-(

[CountryBumpkin74]

Please can someone help me? I have been crying all morning and am worried sick.

 

I received a letter this morning from court for a hearing on the 02.08.12 'Claim form for Possession of Property.

 

My mortgage company contacted me at the end of May to re-set up a direct debit.

I returned the forms and assumed everything was OK.

 

I called them on Monday to ask why my Direct Debit had not been taken and they said they didnt receive the forms

but i now have received a court date so I'm was too late and have to pay my arrears in full else court

 

They are just over £5k and I cannot afford to pay in full.

I offered £200.00 a month on top of my monthly mortgage payment of £392.00 but they refused.

 

I asked them to resend the forms again which I received yesterday upon my return from work.

 

I have sent the direct debit form back recorded delivery today.

 

What will happen to me in court?

 

Will I loose my house?

 

I am petrified as I have 7 dogs and m father who is 84 lives with me as I am his full time carer.

 

Please help me.

Edited July 7, 2012 by CountryBumpkin74
Spelling

[Conniff]

Can you afford the present mortgage payments 'and' something off the arrears without missing any further??

[unclebulgaria67]

Suggest that you visit your nearest Citizens Advice Bureau asap.

They may even help you with this, as they have reps that often available in courts, if anyone needs a hand.

 

The hearing is purely to explore the situation you are in.

 

Before the hearing you can submit details of what you are currently doing to deal with the situation.

 

At the moment as far as I am aware, there is no rush to go down the repossession route.

 

The courts were told by the government sometime ago, that they should be looking at ways to stop this happening where possible.

 

So I think you should be given a sypathetic hearing, provided you are helping to deal with the situation.

[CountryBumpkin74]

Thank you for responding.

 

Yes I can afford present mortgage with a £200 max extra but id rather do £100 to maintain some normality but if they decide on £200 I will pay it.

 

What are my chances?

 

I have been ill with depression and was hospitalised because of this but I am back on track now and working full time.

[Conniff]

First off, it isn't a court like a criminal court as you see on telly, it's an office where you (and a friend if you want one) sit at a table with a judge and the building society rep/solicitor, it is fairly informal.

 

If this is the first time you have gone into arrears, you have absolutely nothing to worry about. Take a spreadsheet with your income and expenditure showing you can afford the mortgage and something off the arrears, (don't make the arrears payment too large that there is a chance you might miss a payment).

 

The judge will look at the papers and he might give them possession but suspend it or not give them possession at all especially if you have already made an offer and sent a payment.

 

If you send the mortgage company (who are they?) the direct debit form and your arrears suggestion and make a payment, they probably won't even show up at court as they know the judge will not throw you out of your house.

 

Just make sure you do attend court.

Edited July 7, 2012 by Conniff

[CountryBumpkin74]

Phew! Ive sent of my direct debit form and asked for the payment to be set for the 27th so a payment will go out before the hearing so I hope that helps me. I just hope I dont loose my house.

[Ell-enn]

Hi there, you won't lose your home if you are able to show that you can afford the monthly payments and something towards the arrears going forward. You need to complete and return the defence form to the court - I can help you with that.

 

Firstly, you should complete an income and expenditure form to work out what you can realistically afford to pay extra each month. I have affixed the one we normally use in these cases (it calculates automatically as you fill it in). When you have completed it come back here and let us know the outcome. I can then start to help with the court forms.

Budget Sheet.xls

[CountryBumpkin74]

OH wow Ell-enn thank you so much. Im still in ears but feel so much better. I can defineatly afford the mortgage and something extra but dont want to set myself up to miss a payment.

 

IS it better to complete the form online as they have sent me a log in to do this?

[Ell-enn]

It's always better to complete the paper copies and send them by recorded delivery (or if you live near the court, hand them in). Fill in the budget sheet I sent you first and we'll take it from there.

 

Try not to get too distressed, I know it's worrying but if you're you can make payments going forward you'll be OK.

 

How many years are left on the mortgage?

Is it in your name only?

[CountryBumpkin74]

I will do that - thank you. I have 12 years left and yes its in my name only.

[Ell-enn]

Have a read here http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?327-Home-Repossessions-successes you'll see there are many people who were in a much worse situation than yours and they have kept their homes

[CountryBumpkin74]

Quick question - should I pay an installment before the hearing or wait?

[Ell-enn]

Yes, you should pay before the hearing - it will help your case as the judge will see you are committed to the payment plan you are offering. Wait until you have done the budget sheet though, to make sure you don't offer an amount you would struggle to maintain going forward. If you can only realistically afford £100 extra then that is what you should offer. A judge would not expect you to pay more than you can really afford.

 

Let me know how the budget sheet turns out - I don't mind having a look at it for you when it's done, if you'd like me to.

[CountryBumpkin74]

Hi - I have started it but it will take me a bit longer than usual as I am Dyslexic. I will email it to you tomorrow. Thank you so much for your help.

[Ell-enn]

No problem, take your time - you have couple of weeks yet before you need to get the forms to court.

[CountryBumpkin74]

Hiya - I have finished it. I plan to drop the papers to the court on Tuesday - does that give you enough time to help me with the forms?

[Ell-enn]

Hi there, yes no problem you can take a statement and the budget sheet to the court instead of the N11M defence form. I will draft the statement for you but will need some more information:

 

1. What was the reason for the arrears?

2. Is the mortgage in your name only?

3. Are there any children living in the property?

4. Have you made a payment recently?

5. Who is the mortgage lender?

 

As soon as you answer the above, I will get the statement done. Do you have a printer?

[CountryBumpkin74]

Hi Ell-enn,

 

I got my days mixed up and will drop the papers in on Friday or can I post them in?

 

Answers to questions below:

 

1) I was made redundant from work in August 2011 and spiralled into Depression (which I have suffered with for a long time and have even been hospitalised with). I did manage to find a new job which commenced October 2011. As I had not paid my mortgage for a few months I was petrified to contact them and as they didnt contact me I forgot about it. I didnt hear from my lender until May 2012 when they contacted me by telephone about payment. I was relived and I agreed to send in a Direct Debit mandate and a budget sheet which I sent to them in June 2012. As far as I was aware the Direct Debit had been set up and they have accepted my proposal.

The next thing I knew I received a letter about a court hearing (this was received out of office hours so I couldnt phone them). The letter stated I should phone them and I phoned the day after I received the letter only to be told only to be told as they had received a court date it was too late to stop the action and they could only stop it if I paid the arrears of £5k in full. They told me they had not received my paperwork and I asked why they didnt phone me as they had phoned me before.

This year I have also suffered 3 bereavements. Do you need the dates for these?

I am also Dyslexic and struggle to get organised and often get dates etc mixed up and need longer to complete forms etc.

 

2) Yes the mortgage is in my name only.

 

3) There are no children living at the property but my 84 year old father has been living with me as I am his sole carer and he has been in and out of hospital.

 

4) I have not made a payment recently but plan to do so on the 27th July as I have asked for my monthly direct debit to be taken on the 27th of each month and have sent in another direct debit mandate.

 

5) The mortgage lender is The Nottingham Building Society.

[Ell-enn]

Hi there, have you checked that they have received the direct debit this time ? I will start to draft a statement for you to take to the court - have you done the budget sheet? you were going to email it to me (Ell-enn@consumeractiongroup.co.uk)

[CountryBumpkin74]

Will email as soon as I get back from shops

[Ell-enn]

Hi there, did you make a payment on 27th July ?

[CountryBumpkin74]

Hi No I didnt as I would be short of money for the rest of the month. The Nottingham phoned me again today to say they have accepted my offer of £100 ontop of my monthly payment to clear the arrears. I am still going to the hearing tomorrow though.

[Ell-enn]

Hi there, affixed is a statement for you to take to the court tomorrow. You need to insert the information at the top of the page where there are xxx's (remove thexxx's) - the info you need will be on the court forms.

 

Print off 3 copies and sign. Make sure your printer is set for A4 paper (not letter size) so it all stays on one page.

 

When you get into the hearing, wait for the judge to finish his opening and then say "Sir (or madam), please may I give you an up to date statement" then just hand it over - then give a copy to the rep for the other side.

 

Also, when you get to court ask if there are any free duty legal advisors there (lots of courts have them on repossession hearing days), if there are approach them and ask for their assistance. They can accompany you into court and support your case.

Countrybumpkin Statement for court.doc

[Ell-enn]

Hi - any news on what happened in court?