Urgent Help DB Mortgages applied for Eviction

[SmithyC1982]

DB mortgages have instructed there solicitors to apply for a eviction date to the courts.

 

Mortgage Balance:- £98,798.71

Arrears: £7,828.00

Outstanding Charges: £1,250.00

 

As they never received my income & expenditure forms back, within 10 days of them sending the letter dated 5th march. I then received a letter date the 5th April advising they have instructed solicitors to file for a date of eviction. So I sent the photo copy which they never received and attached a letter. I also rang them that night to advise of the situation.

 

I have been speaking to Shelter every day they have to submitted a proposal for payment to DB Mortgages for them to take to management and which they now declined. DB Mortgages are advising there is short fall from the two income forms by £11.00 before the proposal was submitted etc

 

I proposed to pay £815.00 on the 15th April, catch up for this year as I missed February (paid £415.00 15th April). When following on from this can we please carrying on with the arrangement of your taking a payment every 15th of the month and make the new payment of £500.00 each month.

 

They have advised they will not withdraw the eviction until they see some evidence that my circumstance’s have changed and my payment history, Also they are worried about affordability.

 

I spoke to the father of the my daughter he is quite on concerned about the situation and has offer to pay the mortgage payments for me each and month and act a guarantee on the mortgage. DB have advised they would not consider this.

 

Shelter have sent new proposal today to pay £1415.00 as my friend has offered pay some arrears for me. Following on with a monthly payment of £500.00. As the latest payments I missed was December & February.

 

Problem is they say it’s the 6th time they have applied for eviction (I’m only recalling three times), and I’m 15 Payments behind. The suspended repossession order is from 2008. I have sent a request for a Subject Access Request to see what’s on my account.

 

My Mortgage payment is £357.00 the agreement is to pay £415 each month.

 

I’m a single parent with a 23 month old daughter I work 30 Hours, this is making me so stressed. I know its all my own fault.

 

I have been the doctors as I cant sleep, can’t concentrate on work, getting pins and needs in my left side. The doctor has put me on anti depressants and given me sleeping tablets, also been referred for counselling and to a specialist in regards the pins & needles (I have a appointment on 9Th May)

 

I have entered in a payment plan with Step Change few months ago to sort my finances out once and for all.

 

I have not received a eviction date yet as I know soon as I do I need to apply for a emergency hearing via N244 form

 

This is all my own fault I managed to secure a payment arrange in court in October 2011 when I was first found out I was pregnant, and now I’ve let this happen again!

[BRIGADIER2JCS]

Hi welcome to CAG.

I think you should keep making the offers of payment and the offer of a guarantor, if this goes to court a judge will view this information sympathetically ( the last thing a judge wants to do is make a family homeless if can be avoided.)

 

 

So get all the offers documented and get the proposed guarantor to make the offer in writing and go to court with you.

[northernbloke]

Re. the guarantor, it makes no odds whether DB would consider this, it is the judge's decision. My arrears were a lot more than yours but my son offered to pay the CMI + extra and the judge accepted this. GE's solicitor said they didn't agree as he is not on the mortgage but seeing as we produced an income and expenditure list and a payslip to show that my son could easily afford it, the judge was fine with it.

[SmithyC1982]

Thank you for your responses can I ask how much your arrears was an if you had a suspended possession order?

[SmithyC1982]

Today I have re sent my original complaint from weeks ago to DB which they claim not to have received also my subject access request. Sent by fax and 1st class recorded post. My complaint is that I feel I have been unfairly treated in regards to my arrears and mis sold the original mortgage in 2007 as I didn't need a self cert. so I asked them to review all charges of arrears as all these charges have mounted up and spiralled out of control. Also forward this complaint FOS as not getting any joy with DB after requests for them

To send me there complaints procedure.

[BRIGADIER2JCS]

AS said earlier make sure you have written records of all the offers you have made to DB and their rejection letters, all this WILL be viewed sympathetically by a judge if DB go for a repossession hearing.

[northernbloke]

Thank you for your responses can I ask how much your arrears was an if you had a suspended possession order?

 

I had going on for £15000 arrears(!) and had a suspended order. Try not to worry too much (yes, easier said than done, I know), going by my experience you should be ok.

[SmithyC1982]

Well thats made me feel better! at least someone has been in the same boat! But So scared as according to them is my 6th eviction!!! how many times did it happen to you?I have filed everything, logged all calls, dates, names etc!!!So hopefully the court is busy and the eviction date takes a while gives me more time xThanks again for all your help

[northernbloke]

Only happened once thank goodness!

[Ell-enn]

Hi, if you need any assistance with the N244 please let me know and I'll be happy to help You could also look at my guide here: http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession

[SmithyC1982]

Thank you I will have a look x