Acenden repossession court order

[indistress]

Job interview tomorrow so fingers crossed

[Ell-enn]

Good Luck with the interview - fingers crossed for you

 

Ellx

[1393LISA]

Hi Im In Desparate Help With A Order For Possession Dont Know How To Start A New Thread. Please Help

[cat100]

Hi Lisa, you might find it better to start a new thread,it will be easy for everybody to help as it doesn't get confused with this old thread.

Don't worry there are plenty of people here to help.

[OLIVE.FAMILY]

Hi 1393Lisa and welcome to the forums. It can be a bit daunting. To start a thread click on the "start new thread" button. You will find this at the bottom of the page with the list of thread titles(where you clicked toiread this).

 

Then all you need to do is give yourself a title and write about you problem. Then we will be do our very best to help as soon as poss

 

Any more probs just yell!!

 

olives xx

[indistress]

Ive already been on this forum and what a great help you were all before.

Just that I have getting myself in a situation again

 

I lost my job in August but managed to pay my mortgage and secured loan uptil October,

I havent paid November, December and January for my Loan and I have a court order on that.

 

 

I am planning on making Januarys payment at the end of this month.

My mortgage I missed in October, November and January, again I am paying at the end of the month.

 

 

They have sent me a threatening letter for my loan saying

if I dont reply in 21 days they will forward it onto the solicitors.

I start work on Monday (12th), and hopefully I will have wages at the end of the month.

 

One of the questions I am asking is can I phone my mortgage company

and ask to extend my years to reduce my payments, my mortgage is an intrest only for 20 year

s and my loan is for 15 years And how can I try and get them to accept something off my arrears without paying all the arrears?

 

Thank you for any help

[jansus]

some questions

 

1) is the loan secured

2) If your mortgage is interest only extending the term will not change the papyment can you afford the mp plus a small amount towards the arrears with your new job?

3) Is it just you in the property or do you have dependants?

4) Do you have a suspended possession order?

 

Can you afford to pay the loan as well as the mortgage with your new job?

[indistress]

some questions

 

1) is the loan secured

2) If your mortgage is interest only extending the term will not change the papyment can you afford the mp plus a small amount towards the arrears with your new job?

3) Is it just you in the property or do you have dependants?

4) Do you have a suspended possession order?

 

Can you afford to pay the loan as well as the mortgage with your new job?

 

1) Loan is secured

2) I can afford to pay more with my new job. But with me only being on the mortgage they wont take my husbands wages in consideration

30 I hahave 2 children 12 years and 1 year old

4) I have a suspended order on my loan. I was at court last year just before I was made redundant, so I could afford to pay an extra £100 per month at the time, I managed a couple of payments but living on just my partners wages was not enough

 

I can afford to pay my mortgage and loan with new job, but cant pay nothing till end of momth, when I would get paid :-|

[indistress]

Could I also extend my loan to reduce payments?

 

So you are saying I cant reduce payment as it is interest only mortgage

[Ell-enn]

I can afford to pay more with my new job. But with me only being on the mortgage they wont take my husbands wages in consideration

 

????? but he contributes to the household income, why should it bother them ? It won't bother a judge in court - he'll think that a husband's contribution is normal !!!!

 

First thing to do is write to both of them, explaining the situation regarding you losing your job but assuring them that now you have new employment you will be able to make increased payments. You will need to do this asap so that if they do take further action, you can prove to the judge that you have asked for their consideration of your proposal.

 

If you need help with the letters, let me know.

 

Ell-snn

[indistress]

????? but he contributes to the household income, why should it bother them ? It won't bother a judge in court - he'll think that a husband's contribution is normal !!!!

 

First thing to do is write to both of them, explaining the situation regarding you losing your job but assuring them that now you have new employment you will be able to make increased payments. You will need to do this asap so that if they do take further action, you can prove to the judge that you have asked for their consideration of your proposal.

 

If you need help with the letters, let me know.

 

Ell-snn

 

If you dont mind helping me with the letters that be a great help Ell-enn thanks,

My employment finishe August 14th and I paid my arrears off in August with my redundancy (you probably remember the thread i had going) My secured loan and mortgage are both with Preferred/Capstone.

 

Thank you

[Ell-enn]

Hi, affixed is the letter which you just need to adapt for ether the loan or the mortgage.

 

I have also affixed a budget sheet which you need to complete and send with each of the letters. Obviously the figures will be different for the loan and mortgage parts of the sheet i.e. on the one you send to the mortgage company you need to show the payment on your loan including the extra you are paying towards the arrears and vice versa for the one you send to the loan company showing the mortgage payment. The amount you wish to offer towards the arrears for either should be the amount left over after everything else has been paid.

 

Remember to keep a copy of each one and also send by recorded delivery - keep the postage receipt so you can check on the Royalmail website in a few days to print off the signature receipt and keep each one safe with the relevant letter as you may need to prove they received them.

 

Any questions, just shout.

 

Ell-enn

In Distress 9th Jan letter.doc

Budget Sheet.xls

[jansus]

Could I also extend my loan to reduce payments?

 

So you are saying I cant reduce payment as it is interest only mortgage

 

 

if you are on interest only you never repay the debt unless you overpay or sell the property . the interest payment is the same whatever the term .

[indistress]

Hi, affixed is the letter which you just need to adapt for ether the loan or the mortgage.

 

I have also affixed a budget sheet which you need to complete and send with each of the letters. Obviously the figures will be different for the loan and mortgage parts of the sheet i.e. on the one you send to the mortgage company you need to show the payment on your loan including the extra you are paying towards the arrears and vice versa for the one you send to the loan company showing the mortgage payment. The amount you wish to offer towards the arrears for either should be the amount left over after everything else has been paid.

 

Remember to keep a copy of each one and also send by recorded delivery - keep the postage receipt so you can check on the Royalmail website in a few days to print off the signature receipt and keep each one safe with the relevant letter as you may need to prove they received them.

 

Any questions, just shout.

 

Ell-enn

 

 

 

 

Thanks Very much Ell-enn. I have made the changes all I need to do is get them printed off, no printer at home

I have put £50 for each one do you think that will be enough?

Can I do this on my secured loan with it already having a suspension order on it?

 

S

[indistress]

if you are on interest only you never repay the debt unless you overpay or sell the property . the interest payment is the same whatever the term .

 

My loan isnt interest only and thats over 15 years, will I be able to extend my terms on my loan?

[jansus]

I have no idea to be honest as it is a secured loan .It is different to a mortgage. I suppose you can ask if they can extend term to help - what has been any reaction when you have approached them for help before ?

[indistress]

Where am I able to print the letters, my printer has decided to pack up

Would I be able to send my letters by email to them

[midge61]

Hi

 

If you go to your local library you will be able to use the computers there and print the letters off.

 

Good luck

[indistress]

I have just recieved a letter from Preferred mortgages solicitors,

informing me that I am going to court because of my arrears.

 

 

I paid my arrears in full in August 2008 when I got my redundancy,

and they are stating my court order from Oct 2007.

 

 

But since Oct 2008 I have run in arrears again because I was out of work.

 

My current arrears are £1720.67

 

Here is a run down of when I paid

Sept paid

Oct missed

Nov Missed

Dec Paid

Jan missed

Feb paid at end of month

March I am paying end of month

 

When I made my payment on 27th Feb I explained I had been out of work and I would pay something each month

, they asked me for a budget sheet.

 

 

I explained I was not able to do this as I was at work.

They were happy with this.

I missed a call from them on Tuesday.

 

The letter from the solicitor is dated 11th March.

Do you think if I phoned up and offered to pay something off each month, it will be stop it from going to court.

The letter does state

"As terms of the order dated 29th Oct 2007, we have recieved instruction to request warrant for Possession.

You will be notified of the eviction date."

 

I am getting worried as it has been to court once, and frightened I will be kicked out.

 

I was supposed to start work on 15th Jan but didnt start till 15th Feb so at end of month only had 2 weeks wages.

 

I have 2 kids one is 13 and one is 15 months old.

 

I appreciate any help.

[Ell-enn]

Hi there, now that you have a job and can show you are able to meet your payments you will be OK. We need to send a letter to them asap advising of the situation and that you will defend any action for eviction.

 

I will be online this evening if you want me to draft a letter for you.

 

Affixed is a budget sheet for you to complete to go with the letter showing that you are now in work, and what you can afford to pay towards the arrears ( that is the amount left over after everything else has been paid).

 

Ell-enn

Budget Sheet.xls

[indistress]

Could you please draft me a letter. Thank you.

Who would I address the letter too? Preffered or the solicitors?

[Ell-enn]

Preferred, with a copy to the solicitors.

[Ell-enn]

Hi, affixed is the letter to send to Preferred - you need to put the amount you are able to pay towards the arrears where I have put XXX's. Try to keep the letter all on one page, it's doubtful if they will have the wit to read a second page given their past history It would be best to send it by special delivery on Saturday so they receive it on Monday.

 

Send a copy of the letter and budget sheet to their solicitors also, with a covering letter i.e.

 

...........................................................................Your Address

 

 

Date:

 

Solicitors Address

 

 

 

Dear Sirs,

 

MORTGAGE ACCOUNT NO: XXXXXX (YOUR NAME) v PREFERRED MORTGAGES

 

Please find affixed for your information, copy of a letter sent by special delivery to Preferred on 14th March 2009.

 

 

Yours faithfully,

 

 

 

XXXXX

 

Enc.

 

Any questions, just shout.

 

Ell

In Distress Letter.doc

[indistress]

Thanks Ell-en, will get onto that ASAP.

[Little Heart]

Double check this but if the old order was dated 29 Oct 07.You maybe able to argue the case as you have until the last working day of each month to pay your mortgage.So the old order ran out 29 Oct 08.Which still gave you 2 days before you technicially went into arrears.

 

Have you got copy of the old court order...did it say "With Liberty to Restore"....if it didn't then they can't use that order again.If it did then it would have the date they could restore it upto.

 

The most important question is did you receive a demand letter which basically would of said "If we do not recieve £XX by XX date then we will be recommencing litigation. Everyone by law has to receive one of these before the MC can start legal action.If you didn't and they say they sent one you could S.A.R them to get a copy of everything they have wrote on their system about you.

 

Did you even apply to the DSS for interest payment.If you had been unemployed for 13wks as of the 5 jan then you could of applied for help...thats if you where on benefits.

 

If so get onto the dss now and try and get it backdated.Don't take the 1st persons word for it...not all of the are clued up.

 

Good Luck