Halifax Mortgage arrears and pending repossession ** Urgent **

[sleepingdog]

Hi jj , I had debt councillers sent from halifax on 2 occasions and both times I agreed an amount with them that the halifax also agreed but I was unable to keep to agreements.It was after the second failure that they eventually sent solicitors letter and possesion proceedings .I would do as ell-enn has already suggested that is make payment in February and carry on making payments as you have promised . When I was having mortgage problems I had just finished a fixed rate plan and had gone onto variable which was not only much higher but was also going up ,the halifax would not at the time allow me to go onto interest only nor would they allow me a payment holiday. As long as you are now able to make full payments as well as some off arrears I think you will be OK even if they take you to court.

sleepingdog

[jj69]

Hi, unfortunately judges cannot change any of the contractual terms of the mortgage, and while they could make a suggestion, the lender is not bound to follow it through. All the judge can do is look at how feasible the proposal for payment of the arrears is, and then make an order accordingly.

 

Ell-enn

 

Hi Ell-enn..

Hope you are well...just to update the situation I recieved a letter on Monday 9th from Halifax dated 27th Feb showing arrears for Dec and Jan and also stating that they are going for repossession although there was a statement at the bottom saying it was still possible to make some agreement with them.

I called them and confirmed my last two contractual payments for Jan/Feb had gone through and also made a £20 payment yesterday confirming I will pay contractual plus extra on March 27th which should make me three full payments clear by March.

They also confirmed my arrears were now £9100 yet I calculated they should have been around £8000 especially after paying £1700 for Jan/Feb,which means they have stuck some wonderful charges on the account which I suspect £260 at least is a solicitors fee accoding to the beautifully crafted charges document they sent me.

Should I send another payment plan and a request for charges on the account.I am pretty peeved off they have put extra charges on meaning my arrears have gone back up and would like to show this to a judge.

I may also need that letter you mentioned before to show the judge my willingness to pay or should I just continue to keep paying and wait for Halifax to make it's next move ?

[jj69]

Hi jj , I had debt councillers sent from halifax on 2 occasions and both times I agreed an amount with them that the halifax also agreed but I was unable to keep to agreements.It was after the second failure that they eventually sent solicitors letter and possesion proceedings .I would do as ell-enn has already suggested that is make payment in February and carry on making payments as you have promised . When I was having mortgage problems I had just finished a fixed rate plan and had gone onto variable which was not only much higher but was also going up ,the halifax would not at the time allow me to go onto interest only nor would they allow me a payment holiday. As long as you are now able to make full payments as well as some off arrears I think you will be OK even if they take you to court.

sleepingdog

 

Hi Sleepingdog...

Got a letter back from Halifax saying they were still going for repossession but I could still negotiate a payment plan.

Tried speaking to the legal team but full of hot air.

You mentioned that the solicitors kept knocking your proposals back , so was it the Halifax mortage callcentre who agreed a payment plan when you explained the situation to them.

[Ell-enn]

Hi there, to be honest I think you should keep making your payments and see what they do next. You have written with an offer of payment, they have refused it in writing. If it does go to court, that won't look good on them - however, your regular payment pattern will reinforce your defence.

 

If the court papers arrive, we'll deal with them.

 

Ell-enn

[jj69]

Hi there, to be honest I think you should keep making your payments and see what they do next. You have written with an offer of payment, they have refused it in writing. If it does go to court, that won't look good on them - however, your regular payment pattern will reinforce your defence.

 

If the court papers arrive, we'll deal with them.

 

Ell-enn

Thanks...regarding the extra charges on top will a judge look at these when calculating his response do you know ?

After all I was making some headway to clear them but an extra £500 on top is hardly helping...

[Ell-enn]

We will certainly put that in your defence statement.

[sleepingdog]

Hi jj69 ,it was after suspended repo granted that I tried to negoiate with the solicitors (drydens) who I found to be unhelpful.When I was desperate I phoned the legal team at Halifax who after discovering that I had tried to deal with Drydens but with no luck decided to accept contractual payments only whereas Drydens would not even accept contractual + £100 towards arrears. As I stated before I think that the Halifax did not really want to repo property , and in your case as long as you make regular payments I suspect that all will be well.

sleepingdog

[jj69]

Hi jj69 ,it was after suspended repo granted that I tried to negoiate with the solicitors (drydens) who I found to be unhelpful.When I was desperate I phoned the legal team at Halifax who after discovering that I had tried to deal with Drydens but with no luck decided to accept contractual payments only whereas Drydens would not even accept contractual + £100 towards arrears. As I stated before I think that the Halifax did not really want to repo property , and in your case as long as you make regular payments I suspect that all will be well.

sleepingdog

 

So after the suspended order were you only instructed to deal with Drydens ?

Also did you just continue to pay your contractual amount after the hearing and then try to negotiate with Halifax solicitors after that or could you still submit payments to Halifax themselves ?

[sleepingdog]

I was instructed to deal with only drydens from the moment legal proceedings were started against me. Up until the hearing I was only paying when I could and had not paid contractual for at least 10 months, it was only after the hearing that I got full time PAYE job and the first wage packet was to be paid only days before Halifax could apply for full possession order ,therefore I would be in a position to pay full contractual yet Drydens were having none of it .

[sleepingdog]

That is why I had to try to convince Halifax that I was doing all I could and also that the judge had instructed me to go back to court if Halifax were not being reasonable and I stated to Halifax that the judge would not be happy to here that their solicitors were not accepting contractual + some towards arrears after all I had done everything that I stated in court.

[jj69]

That is why I had to try to convince Halifax that I was doing all I could and also that the judge had instructed me to go back to court if Halifax were not being reasonable and I stated to Halifax that the judge would not be happy to here that their solicitors were not accepting contractual + some towards arrears after all I had done everything that I stated in court.

 

I see...terrible postition to be in mate..especially as you were still only making token payments up to the court case...

At least I have three full payments under the belt plus extra's.

How was the Judge ? Did he understand your situation and put Halifax solicitor in his/her place ?

Also did you need payslips and expenditure form for the hearing ?

I am preparing for worst case scenario but am not worried now having gained some great info off this site...just don't want an unsympathetic judge.

[sleepingdog]

The judge was fair but stated that the Halifax had a right to repossess as I had defaulted on agreement , also when all of the missed payments and lower payments and failed promises are put down on paper it does look bad. The judge gave me time to find work and start making contractual payments towards mortgage and I was lucky to be able to do so in timeframe given. The judge also stated that even if I was unable to do so within timeframe this was just first step to repossession . In your position making 3 full payments has helped and I would be surprised if they go ahead with the threatened legal action. I believe that things will get better for you quickly now.

sleepingdog

[jj69]

The judge was fair but stated that the Halifax had a right to repossess as I had defaulted on agreement , also when all of the missed payments and lower payments and failed promises are put down on paper it does look bad. The judge gave me time to find work and start making contractual payments towards mortgage and I was lucky to be able to do so in timeframe given. The judge also stated that even if I was unable to do so within timeframe this was just first step to repossession . In your position making 3 full payments has helped and I would be surprised if they go ahead with the threatened legal action. I believe that things will get better for you quickly now.

sleepingdog

 

Well I think the letter about repossession is a scare tactic plus at the bottom it says a payment plan can still be arranged before any further action is taken...to be honest if court action is looming I am guessing it will be well into April/May and by then I will have 4 clear payments.

Did the solicitor try to paint you in a bad light ? It sounds like they could not have given a toss if you lost your home or not.

Also did the judge ask for any proof of you losing your job as in my case it was well over a year back.

[Ell-enn]

J, I'm sure you will be OK. If they do continue with court action, as you say you will have made 4 payments - that will stand you in good stead. Also, it's very very unlikely that a judge would give possession at the first time of asking especially as you now have a job and can prove you are able to make payments towards the arrears.

 

As for the representative for the other side painting you in a bad light - they won't get the chance - the whole hearing will take only 5 minutes and the judge speaks most of that.

 

Stay positive - it will be OK.

 

Ell

[jj69]

J, I'm sure you will be OK. If they do continue with court action, as you say you will have made 4 payments - that will stand you in good stead. Also, it's very very unlikely that a judge would give possession at the first time of asking especially as you now have a job and can prove you are able to make payments towards the arrears.

 

As for the representative for the other side painting you in a bad light - they won't get the chance - the whole hearing will take only 5 minutes and the judge speaks most of that.

 

Stay positive - it will be OK.

 

Ell

 

Thanks Ell-enn I have been positive since I got the help from you guys on this forum just ready to tackle them whatever they throw at me..after all cant help getting into debt due to circumstances and it does not make me a criminal.

Was just wondering if I should keep all documentation such as bank statements showing payments.I already have the refusal letter stashed safely away,and anything else Halifax has sent.Of course my payslips as well...

[Ell-enn]

Definitely keep the bank statements showing payment - take photocopies and use a highlighter pen to show up the payments to Halifax. Also use a black marker pen to strike through all the other names on the bank statements so no-one knows who else you're paying;). If you are on internet banking you can do a search of payments on a certain date and then just print off that one transaction.

 

Ell

[jj69]

Definitely keep the bank statements showing payment - take photocopies and use a highlighter pen to show up the payments to Halifax. Also use a black marker pen to strike through all the other names on the bank statements so no-one knows who else you're paying;). If you are on internet banking you can do a search of payments on a certain date and then just print off that one transaction.

 

Ell

 

Good idea about blanking out other payments thanks....by the way got a text late last night from a Walker Morris Solicitors asking me to get in touch regarding Halifax mortgage.Only got a voicemail so trying this morning.I suspect they may want to arrange some sort of payment going forward I hope...anyway have got a proposal which if accepted I want in writing,I also plan to try and get some sort of fixed deal or switch to interest only after six solid months of payment...any other ideas about approaching these guys ?

[Ell-enn]

They're TEXTING you ?? !!! Sounds a bit funny to me - obviously be careful when you do ring them, just in case it's not kosher....

[jj69]

They're TEXTING you ?? !!! Sounds a bit funny to me - obviously be careful when you do ring them, just in case it's not kosher....

 

I called and got a voicemail for the person who left her name on the text,I was dubious as I have had no letters from them.

Called this morning and another voicemai although the calling system does say walker morris on the voice intro and the lady who sent me text..

[sleepingdog]

Hi jj69 In the court information pack I got it lists payments due and payments made ,in my case not many made but in your case it should show very clearly that you have restarted making full payments which will look good. The solicitors did give the impression before the hearing and after of not caring. It was the payment sheet showing missed payments and failed plans that looked bad ,but in your case you are paying what you said you would and in any case those payments are full contractual. I am surprised that Halifax have even passed your details to solicitors.

sleepingdog

[jj69]

Hi jj69 In the court information pack I got it lists payments due and payments made ,in my case not many made but in your case it should show very clearly that you have restarted making full payments which will look good. The solicitors did give the impression before the hearing and after of not caring. It was the payment sheet showing missed payments and failed plans that looked bad ,but in your case you are paying what you said you would and in any case those payments are full contractual. I am surprised that Halifax have even passed your details to solicitors.

sleepingdog

 

I got a text last night from Walker Morris asking me to call regarding an urgent matter about my Halifax Mortgage.I have got a lady's name and it is her voicemail.Did you get a letter from Drydens or a call ?

Going to ring now and find out what's what...

[jj69]

I got a text last night from Walker Morris asking me to call regarding an urgent matter about my Halifax Mortgage.I have got a lady's name and it is her voicemail.Did you get a letter from Drydens or a call ?

Going to ring now and find out what's what...

 

Well spoke to a nice lady called Vicky who basically told me they were going to court for a suspended order on the grounds of my recent payments plus they excepted my payments + 50 extra each month.

They said I could choose to attend or not but would recommend to the judge to suspend while payments were being made ( of course I will attend ).

Will get all this in writing of course and she explained to go back to Halifax as they should be willing to place arrears back into mortgage after six full payments.My only issue was they may only class the six payments as starting from the court order which I shall dispute seeing as they should be from Jan this year.

Sleeping dog after your six full payments did you get assistance from Halifax to change your product ?

Would like interest only for a year but a fixed low rate deal may do...

[jj69]

I called and got a voicemail for the person who left her name on the text,I was dubious as I have had no letters from them.

Called this morning and another voicemai although the calling system does say walker morris on the voice intro and the lady who sent me text..

 

Well spoke to a nice lady called Vicky who basically told me they were going to court for a suspended order on the grounds of my recent payments plus they excepted my payments + 50 extra each month.

They said I could choose to attend or not but would recommend to the judge to suspend while payments were being made ( of course I will attend ).

Will get all this in writing of course and she explained to go back to Halifax as they should be willing to place arrears back into mortgage after six full payments.My only issue was they may only class the six payments as starting from the court order which I shall dispute seeing as they should be from Jan this year.

Looks like getting back on track with the mortgage so thanks for all your wonderful advice....

[Ell-enn]

.My only issue was they may only class the six payments as starting from the court order which I shall dispute seeing as they should be from Jan this year.

 

It should be six consecutive payments JJ

[jj69]

It should be six consecutive payments JJ

 

Ell-enn in terms of the court hearing I guess not much will be said but should there be anything to be aware of.Do I need to submit any form to say I will be going to court and agreeing with the ruling by the Solicitors.

The Solicitors did say I do not need to attend but send in a conformation letter saying I agree with the course of action taken by the solicitors (ie suspended).

All seems above board but dont want to be like a sheep and agree to everything they say without covering myself..