help, repossesion

[Scots1]

Sorry if this is the wrong place but I need urgent help, we are due for reposession at 9:30am on Tuesday, my husband has to call our lender (NRAM) at am on Monday morning to confirm that paper work we have faxed over is enough to put a hold on things.

 

Our story, we got behind in mortgage payments when my husband was in between work contracts, we were always open and up front with our lender and a plan was set in place for the arrears to be covered, then in Nov/Dec we were fictims of fraud when a company sent false court papers to husbands work putting a wage arrestement in place, we proved that the court stamp was false, the judges signature was false etc and told our mortgage company about it and they were aware that we would be unable to make Nov and Dec payments. We got a notice to say that were are to be repossessed on Fed 4th at 0930. Hubbie contacted NRAM and they asked for documents to be faxed over, bank statements etc bu they theny failed to contact us to say that they needed to see where his wages were being paid into and our address wasn't showing up, this was at 5pm on Friday!!! We have faxed over the required info but have to wait until 8am tomorrow morning Monday) to see if it is enough. I feel sick, can't eat, have a baby to breastfeed and 3 other children one of which has aspergers, we have no family near by and a 5 bedroom house to potentially pack up in a few hours.

 

 

Am very scared

[Scots1]

apologies for my dreadful spelling

[maroondevo52]

Hello and Welcome Scots1,

 

I've amended your thread Title, It can be quite slow getting a response over the weekend, hopefully you'll get some help shortly.

 

Regards,

 

Scott.

[yellowsleeves]

I am no expert (far from it) But I have been in a similar situation to yourselves.

 

Rather than rely on the lender to play ball and put a stop to things, get control of the situation yourself.

 

Get yourself down to the county court tomorrow AM. (Check opening times, usually 10am)

 

You need to go armed with a completed N244 form, and the £40 fee. This will get you a hearing in front of a judge. As long as you can afford the contractual monthly repayments, along with an amount towards the arrears, you'll have a very strong case.

 

There is plenty of advice here on how to fill in the N244 form. Hopefully you have a printer at home. If not, fill the form online, save it, and go print it at a friends/library.

 

Good luck.

 

But please, don't leave it just waiting for the lender.

[Scots1]

Thanks yellowsleeves

 

We are going to fill out the N244 this evening, will it be heard before the judge the same day as in tomorrow? My husband is also going to see a lawyer first thing in the morning. This is so last minute as our lender led us to believe that our proposal that was put in was fine. They want 3 payments one of which has been made and our lender is aware that the remaining 2 payments are to be pain in March. We have informed our lender every step of the way, it isn't as if we buried our heads in the sand.

 

If when we speak to our lender at 8am and they agree to put a hold on things do we still need to complete the N244 and also it prudent to have this put in writing to a solicitor?

 

I just don't know what we will do, we don't even have any where we can store our belongings

[yellowsleeves]

What are the current arrears? How long is left on the mortgage? Is this the first eviction date you have received?

 

If they agree to put a hold on things, I would still be very tempted to submit the N244.

 

You may get in front of a judge tomorrow yes. People have had hearings the same time the eviction was due to take place, with bailiffs literally waiting for the call whether to go ahead or not.

 

Things may be different with you being in Scotland, but i'd go to the court first rather than wasting money with a solicitor. There is nothing in the English process that you cannot do yourself.

[Scots1]

Arrears wise 2k is what they want to stop things, but as I said they had agreed to it being paid in March, this months mortgage payment has been paid as will next months as we are now clear of the fraudulant activity we were victims off, and yes this is the first eviction date we have had. We plan at being on the court doorstep at 9am with the completed forms

[Ell-enn]

Hi there, are you living in Scotland ?

[Scots1]

yes we are in Scotland

[Ell-enn]

I belileve the forms are different for a Scottish court . What is the title of the notice you received stating repossession on Tuesday ?

[Scots1]

Extract Decree

We were just issued with this and nothing else, should we have had a court hearing?

Edited February 3, 2013 by Scots1

[northernbloke]

I know that you won't be able to, but please don't worry. Judges do not want to have people evicted if they can put a good case forward and it sounds like you can do that. My arrears are £15000 and the judge was very good and accepted that I was making a reasonable offer to pay them off.

[Ell-enn]

Extract Decree

We were just issued with this and nothing else, should we have had a court hearing?

 

In that case and N244 is of no use to you, it's used in the English court system.

 

Have you received a notice of ejection ?

[Scots1]

But we are so short of time, can it be stopped by Tuesday to give us more time, what do we need to do and say, God I hope we can be seen tomorrow, do we still need to fill out the N244 or is it not applicable in Scotland?

 

Thnak you so much for your help

[Scots1]

In that case and N244 is of no use to you, it's used in the English court system.

 

Have you received a notice of ejection ?

Sorry just seen this, we have a letter that says "As you are aware our clients have now obtained an Extract Decree against you for reposession and sheriff Officers have been instructed to shedule and ejection to take place on Feb 5th at 09:30"

[Ell-enn]

In that case and N244 is of no use to you, it's used in the English court system.

 

Have you received a notice of ejection ?

 

..

[Scots1]

Is there any paper work we can hand into the court tomorrow that is the equivalent of the N244?

[Ell-enn]

Have you received an ejection notice ?? it's important you answer questions if we are to help you

[Scots1]

Is there any paper work we can hand into the court tomorrow that is the equivalent of the N244?

 

Yes we have a letter here with the date and time of scheduled eviction on

[Scots1]

Have you received an ejection notice ?? it's important you answer questions if we are to help you

Sorry my abouve reply was meant to quote you, I am really nervous

[Ell-enn]

I do understand how stressful this is for you, now I know what stage you're at I suggest that first thing in the morning you ring Shelter Scotland on 0808 800 4444 they are specialists in dealing with the Scottish system of repossession - the lines are usually very busy, but you must keep trying - they will be able to tell you what to do.

[Scots1]

I do understand how stressful this is for you, now I know what stage you're at I suggest that first thing in the morning you ring Shelter Scotland on 0808 800 4444 they are specialists in dealing with the Scottish system of repossession - the lines are usually very busy, but you must keep trying - they will be able to tell you what to do.

Thank you, we have it on our numbers to call We have actually been paying our normal payment and some of the arrears, this months is paid but Nov and Dec weren't because of the fraudulant activity, we have all the paperwork to support us. Can Shelter Scotland speak on our behalf?

[Scots1]

Does the fact that we have made this months payment help at all??

[Ell-enn]

If you have been making payments that should show the court you are committed to maintaining your mortgage

[maroondevo52]

This 'link' might help..................

 

http://www.keepingyourhome.co.uk/download/advisersguide.pdf