Wifes pregnant and we face reposession.

[Browt]

Basically I'm in a right mess.

 

I lost my job in 2012 and we got into arrears on our mortgage. The mortgage company took us to court and got a suspended repossession order and we agreed to pay back our arrears over monthly instalments. My wife went back to work as I couldn't find a job and we managed to maintain the payments.

 

In October my wife was signed off work for pregnancy problems and hasn't been able to go back to work. Thankfully we still managed to pay October and Novembers payment but missed Decembers. I however found a job which I started the beginning of this month and my wife's maternity leave kicked in so we will be getting an almost double payment this month and next month also.

 

The arrears on the mortgage are £2056.42. I spoke to the mortgage company and advised I can pay over £1000 plus this months payment this month and the rest next month (this will mean falling behind in our other payments but we need a house and can catch up on the other payments once this is sorted). They have advised they will not accept this and have already gone to the court to enforce eviction. There is no equity in the house.

 

My wife is due to have the baby at the end of next month, we also have 2 other small children.

 

I'm at my wits end, I have no idea what to do. My wifes blood pressure is already a big issue in this pregnancy and she can't stop crying, neither of us are sleeping and everything just seems so hopeless.

 

 

Please can somebody give me some advise on what to do next.

[renegadeimp]

Have you had a hearing yet, so you can prove to the court you can afford and keep up the repayments? Unless you are refusing to pay the arrears, no court would likely kick you on the street. Especially when your wife is pregnant.

 

Others will chip in and offer their advice, but i would contact shelter and see what they advise. There is pretty much NOTHING they don't know.

[Browt]

I haven't had a hearing date yet. The mortgage company basically told me that I would just get an eviction date through the post and to be out by then.

[Ell-enn]

Hi there, you can apply to the court on a N244 form to ask the judge to stop the eviction - now you have a job and can resume payments I can't see the judge giving the mortgage company possession.

 

 

Have a read of this guide here http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession there are examples of how to fill in the N244 and write a statement to go with it. You can also download the N244 form and budget sheet (which you will have to submit with the N244) from the second post in that guide thread. We can help you with the form and statement.

 

 

Do you have a copy of your wife's medical certificate or can you get a letter from her doctor? Also do you have a letter about starting your new job from the employer ?

[Browt]

Thank you.

 

My wife does have a copy of her medical certificates which she will print out for me. I don't have a letter from my employer.

[Ell-enn]

Your employer should give you a letter stating your main terms and conditions of employment i.e. rate of pay, place of work etc etc - do you have nothing stating when you start work and how much you will be paid?

[Browt]

I have been given nothing from them yet. I will ask tomorrow for something.

 

Also do you know if there is a way I can do this without having to go to the court itself as I can't afford a day off work and don't really want to put it on my wife to do alone. Obviously if I need to have the day off I will.

[Ell-enn]

I'm afraid one of you will most definitely have to attend as it's your application to the court to have the eviction stopped.

 

 

Who is the mortgage company ?

 

 

As you haven't actually got an eviction notice yet, it might be worth while sending them a letter describing your situation and telling them you intend to apply to the court for a hearing to stop the eviction - you never know, they might just accept your payment proposal and cancel the eviction - it's worth a try. Do you want me to draft a letter for you ?

[Browt]

The company is GE money.

 

The lady I spoke to today was most unhelpful, But if you could draft a letter that would be much appreciated. I have printed off the budget sheet and will sit down and go through it now. My only issue is that tax credits etc will be completely different after March but I don't know exact figures for them yet.

 

My wife has said that she will attend court alone if needs be but we/'re not sure who will look after our child. Do you know if there would be an issue if she has to take a 2 year old with her?

[Ell-enn]

She can take the child with her - a lot of people have to take their children along. If you open the budget sheet on your computer you can fill it in and it will calculate as you go along, which means you can adjust figures. If you would like me to look over the budget sheet when you have completed it, I'm happy to do so.

 

 

How much are you able to pay towards the arrears each month and when would you be able to make the next payment ?

[Ell-enn]

Hi, affixed is a draft letter - read it through and put your names where there are XXX's (remove the xxx's). Make sure you send by special delivery (costs £5 I think) so they have to sign for it - keep a copy of the letter for yourself, also ensure you have the correct department and address. Keep the postal receipt safe so you can check on the royalmail website a few days after posting to print off the signed for receipt - staple that receipt to your copy of the letter, we may need to use that if you need to go to a hearing.

[Browt]

She can take the child with her - a lot of people have to take their children along. If you open the budget sheet on your computer you can fill it in and it will calculate as you go along, which means you can adjust figures. If you would like me to look over the budget sheet when you have completed it, I'm happy to do so.

 

 

How much are you able to pay towards the arrears each month and when would you be able to make the next payment ?

 

Hi, Thank you for the letter I will get it posted special delivery tomorrow.

 

How do I attach my budget for you to go through please?

 

Thanks

[Ell-enn]

Hi, you can email it to me at Ell-enn@consumeractiongroup.co.uk (there is no space between the c and o, the site just shows it like that. Let me know when you have sent it so I can look out for it

[Browt]

Hi Ell-enn,

 

I have emailed it over to you now.

[Ell-enn]

OK, taking a look... I'll reply by email

[Browt]

Thank you

[jacqui_o]

AS well as Ell-enn its worth contacting shelter as well, they are totally awesome, and do allt he paperwork for you, but as previously stated, one or both of you needs to attend the court hearing.... the courts and judges, shelter and solicitors are all well aware of GE and the tactics they use...

 

good luck, the chances are you will get a letter from the court with a date for the eviction.....this seems to be GE's MO at the moment..

[Browt]

We've just had our eviction notice for 26th February at 11am.

[renegadeimp]

Have you been to court yet to explain?

[Browt]

No the eviction notice has literally just come through the door. I'm waiting on a call back from Shelter but I'd like to get a court date sorted ASAP as the stress of this is really effecting my wife.

[Ell-enn]

Did you send that letter off to them ? don't panic and submit a N244 to the court before we have sorted out a proper defence statement - you have plenty of time to get the application to court.

[Browt]

Yes I posted the letter and it was received by the mortgage company yesterday. What do I need to do now?

[Ell-enn]

Give them till Monday to respond to your letter - we can then work on the N244 form and defence statement to go with it. I understand it's a very stressful time for you but it's important not to have a knee jerk reaction to the eviction notice - the date is 4 weeks away and you may be able to come to an agreement with GE before you have to apply to the court for a hearing.

 

 

You offered to make a payment at the end of January - you should definitely make the payment, this will help your case as it will show the judge you are committed to the offer you made.

[Browt]

Give them till Monday to respond to your letter - we can then work on the N244 form and defence statement to go with it. I understand it's a very stressful time for you but it's important not to have a knee jerk reaction to the eviction notice - the date is 4 weeks away and you may be able to come to an agreement with GE before you have to apply to the court for a hearing.

 

 

You offered to make a payment at the end of January - you should definitely make the payment, this will help your case as it will show the judge you are committed to the offer you made.

 

Thank you. I'm due to call them Tuesday to make the payment for the month so hopefully they'll give me something then.

[Ell-enn]

OK, keep us informed Try to reassure your wife, I'm sure a judge wouldn't give possession of your home to GE when your arrears are not a great amount and you have new employment which will enable you to maintain payments.