C&G repossession order received * Repossession Stopped*

[gem77]

Hi Wonder if someone can advise me on this. I received a hearing date and letters from eversheds over the weekend for my mortgage.

We phoned C&G last week to make a payment and they refused to accept it saying that because it wasn't the full amount they weren't going to process it. we offered to pay about 90% of the months payment and then the rest at the end of the week but they refused, the next day they commenced court proceedings. We paid the full months payment at the end of the week when we had the full amount and they accepted it but no mention that they had started court proceedings.

 

We are now 5 months in arrears in total. my husband is self employed and work has been up and down for the last 18 months. When we could we paid 2 months at a time and this shows on our payments.

 

They sent an outside agent round last month and he went though our I&E and was actually very understanding that some months we earned more than others . And he was going to make a report to C&G and put down that we will pay more than our monthly payments on the months we can but less on months we can't. He said C&G will write to us about his report and to wait and see what they came back with.

 

Guess what we heard nothing from them not a dicky bird and they have charged us £100 for the pleasure of having someone round to apparently try to sort it out.

 

We made a full months payment after he had been here so we didn't just sit and do nothing.

 

Another thing that has annoyed me is that it states in the particulars of claim that the employment status of both me and my husband are unknown. Well this isn't true. not only did the man put it in him report to them but every time we have phoned them we have told them the circumstances.

 

The POC's also seem to be incomplete as under Tenancy it states A tenancy was entered into between the mortgagor and the mortgagee on.

A notice was served on.

there is no date entered.

I am going to give evershed a ring as I haven't spoken to them yet but I know they won't stop proceedings unless all the arrears are paid in full as we were in a simular situation about 3 years ago when my husband got made redundant. thankfully we were able to raise the funds before the court date that time but we can not this time.

 

Wonder if there is anyone that can advise on this where we might stand on this and help with a defense.

 

Many thanks

[ukaviator]

Hi Gem77

 

How long is the mortgage left and how much are the arrears?

 

You need to try and get a copy of that report to see what was said.

[gem77]

Hi ukaviator.

 

The mortgage I think has about 18 years left and the arrears are £2702.

 

How would I get a copy of the report? Would C & G send it to me if I asked?

I phoned evershed and they wouldn't do anything without a I &E. she wanted me to tell her over the phone but i refused and told her I would rather sit down and work it out properly and also send it in writing rather than just over the phone.

[ukaviator]

Hi Gem77

 

The length of mortgage you have left and the amount of arrears is manageable. You will need to fill in an income & Expenditure form, link here:

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=47924&d=1385464475

 

The mortgage company will be adding £40 a month onto the account for admin charges. These are probably added to the mortgage account but we have seen them added to the arrears in the past. You should claim those back.

 

Charges refund letter here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?390026-Mortgages-Reclaiming-Charges

 

Always try and keep a paper trail from now on as this is good practice when the mortgage company start their antics. Fill in the Income & Expenditure form in the link, if you want it checked, one of the site team can take a look for you if you wish, to make sure you have covered everyth,ing. Do not post personal information up on your thread here.

 

Ell_enn is very good at stopping this sort of thing and I'm sure will help out getting this sorted out.When is the court date?

[gem77]

Thank you ukaviator.

 

Will sort out that I&E tomorrow. Do you know if I can claim back the £100 they charged me for the agent coming round as well? Fat lot of good he was.

 

Must admit I am petrified at this and couldn't have come at a worst possible time. court date is 3rd January. going to be in a state of panic now all over xmas.

[ukaviator]

Under Office of Fair Trading Rules the collector can only visit if an appointment is made. I would call them and ask for a copy of the report, if they refuse you could tell the agent that you will be after ALL of the account information using a Subject Access Request under the Data Protection Act. Demand the report from them as you paid £100 for a visit, probably unannounced. You could ask for the charge back if you did not agree to the visit and no appointment was made. You can write that demand into the charges refund letter.The I&E the agent did maybe leaning towards paying them leaving you short. Do your own one and get someone to check it. Don't talk about arrears make them do everything in writing.

 

The amount of arrears and time left on the mortgage is manageable as long as the payments agreed are not missed. Fill in the I& E first see what you have to play with which is the left over money each month. Do not leave yourself short. The mortgage, council tax, water, gas, electricity, food, living expenses come first.

 

Someone will keep an eye on your posts here during the day.

Edited December 3, 2013 by ukaviator

[gem77]

Thanks ukaviator. He turned up unannounced first I wouldn't let him in or talk to him as I was on my own. we then made an appointment for him to come back and sort it all out. I have no idea who the agent was or what company he was from (stupid I Know) he didn't leave a card or anything.

Will be sorting the I&E out a bit later when I get some time to myself without a 2 year old shouting at me.

 

Really appreciate your help.

[Ell-enn]

Hi, you need to write to your lender with your offer of payment to the arrears and also tell them you want the fee for the agent refunded as he turned up unannounced and you felt pressured into seeing him. If you need help with the letter please let me know.

 

 

How much can you realistically afford to pay towards the arrears going forward ? Has work improved so that you can make the monthly payments and something towards the arrears ?

 

 

You won't lose your home if you can show the judge you are able to maintain payments going forward

[gem77]

Hi Ell-enn

 

I will work out how much we can afford think it is about £100

 

He has quite a few jobs in the pipeline so should be able to sustain future payments. Plus I am in the process of applying for DLA for my son who has recently been diagnosed with numerous mental health conditions. Hopefully if I get awarded that, that will be a bit more money in the pot.

 

I would really appreciate your help with the letter as I am not that great at them. Should I also state in the letter that they refused to accept a payment from me the day before they started the claim?

 

I have been reading up on it all trying to get my head round everything.

 

Really appreciate you helping me out ell-enn, thank you

[Ell-enn]

No problem. Will draft a letter and post on here later. Are you sure you can afford £100 per month ? as your arrears are only £2702 you might be better to offer £50 per month and pay extra when you have it. No point in offering a higher amount because you think that's what they want to hear, and then be unable to sustain it. There is case law to support smaller payments over a longer period of time (Cheltenham & Gloucester v Norgan) and we will ask the judge to consider this when hearing your case - it's a perfectly normal request and one that judges see (and agree) every day.

 

 

I note you say you are applying for DLA for your son, however you can't count that in the household pot as that money is for the sole purpose of meeting your son's needs.

[gem77]

Thank you so much ell-enn. you are right £50 might be the better option and like you say when we have a good month give them more maybe offer them a minimum of £50 but as and when we can pay more.

 

I just thought you had to count any benefits as household income as they are always in the I&E sheets.

[Ell-enn]

DLA isn't a benefit which can be counted - benefits are JSA, pension etc.

 

 

Affixed is a draft letter, send by either special delivery or recorded delivery (make sure you have the correct address). We can wait till you get a reply from them before completing the defence forms for court as you have plenty of time - if you get the forms into court by the end of next week or beginning of week after it will be ok.

 

 

If you'd like me to take a look at your budget sheet when you have completed it please let me know.

[gem77]

I really can't thank you enough ell-enn.

 

Right going to go sort my 2 year old out then sit down and do all this. Be back later.

 

Thanks again.

[gem77]

Ok i have done the budget sheet. I have attached it but i am hoping you can see it ok as I had to do it on my old desk top put it on a memory stick then attach it through my little netbook.

 

You were right £100 could well stretch us a bit too far. I have put down the least amount my husband is likely to earn in a month to keep on the safe side.

 

Many thanks

 

oh another quick question do i send the letter to C&G direct or solicitors?

Edited December 3, 2013 by gem77

[Ell-enn]

Hi there, I can't open it I'm afraid - it says it's a php file ?? it needs to be an Exel file

[gem77]

oh right. not sure how to get around that. Good job really though as I just realised i put my account details on it.....doh!

 

Got to pick kids up now but will have another go when i get back

 

Thank you for all your help ell-enn

[gem77]

try this.

[Ell-enn]

Have you agreed those arrears repayments with your other creditors ?

[gem77]

One of them was through mediation. The other 3 I told them what we would pay.

[Ell-enn]

OK, just doing dinner, back shortly.

[ukaviator]

Good evening Gem77

 

I see you are in good hands. Good to see you are getting things in order.

[gem77]

evening ukaviator.

 

yes Ell-enn has been a real diamond. feeling a little more positive about things now.

[ukaviator]

Good positive thoughts, it will be ok.

[gem77]

I hope so. sooo nervous about going to court though. Been there before and i shake like a leaf from beginning to end. I'm really not good in those sort of situations

 

But at least I have some really good help on here to help me get through it

[ukaviator]

The court here is like a conference room so don't worry. The judge will guide you. There maybe a duty solictor at the court you could use to go in with you.