Natwest Repossession Proceedings

[im4347]

Hi there

 

We have a mortgage with Natwest and have fallen in arrears of £9K and they have issued Repossession proceedings with a hearing date next week.

 

Ascent Legal are their solicitors and have written to say that they are willing to do a payment plan with a suspended order.

 

We have been trying to arrange the arrears to try and avoid the court route but has not been possible. We are planning to call Natwest tomorrow to put a payment plan in place, any advice before we call them would be highly appreciated.

 

Also, we haven't responded to the court claim as yet, do we need to if we are planning to come to an arrangement with Natwest?

 

What is the maximum period that this order will allow us to spread the arrears?

 

Many thanks

 

IM

[Ell-enn]

Before you call them you should complete a budget sheet do you have all the figures to hand, also it will help you to know what to offer towards the arrears each month. I have affixed the budget sheet we normally use in these situations.

 

There is case law which allows the judge to order that the arrears can be paid over the remaining term of the mortgage. Complete the budget sheet to see what is left over each month to go towards the arrears in addition to the normal monthly payment.

Budget Sheet.xls

[im4347]

Hi Ell-enn

 

Thanks you so much for getting back to us, appreciate it.

 

Thank you for the budget sheet, I will work this all out before I call Natwest up in the morning.

 

Is the Suspended order in play until the arrears are cleared and then does the SO get removed automatically from litigation?

[dx100uk]

sadly no it stays there

have you looked at unlawful penalty fees

like debt visits arrears fees, letter fees, failed dd etc

all these can be reclaimed

 

 

don't forget any 'insurances'

you were told you had to have too.

the only thing that must be 'in-place'

at the time of mortgage is building ins.

[and that's if you didn't already have it]

 

 

 

 

 

 

if you weer made to ta

[im4347]

Thanks Dx for getting back to us. Need to look into the charges, how do we reclaim them?

[dx100uk]

have you all the statements?

[Ell-enn]

We can help you with reclaiming charges, but it is important you get the arrears situation sorted out first - once that is sorted you can get on with claiming. Don't let anything get in the way of the fact that you have a repossession hearing next week.

 

 

Even if you come to an arrangement to repay the arrears you should still attend the hearing to make sure you know what is said and agreed. If you can get the agreement to pay the arrears sorted you can just take a statement along to the hearing (or hand it in to court at the end of this week), stating the lender has agreed to your proposal for payment and that the repossession hearing is unnecessary as is a suspended possession order).

 

 

If the court grant a SPO it will stay on record but if you repay the arrears over a reasonable period of time and then maintain normal monthly payments for 6-12 months, you can apply to the court to have it lifted.

[im4347]

Hi Ell

 

Thanks for replying and thank you for the advice, appreciate it.

 

I spoke with Natwest directly yesterday and today and they have agreed to a payment plan to clear the arrears

and have told the solicitors to adjourn the hearing with the liberty to restore if plan is broken within 1 year.

They said there will be no hearing next week.

 

I will be calling the court up tomorrow to check the status and will call Natwest again to see if they have done the needful.

[Ell-enn]

That's good news, and you are quite right to contact the court to make sure they have done what they say they have. It wouldn't be the first time a lender has "forgotten" to instruct their legal department to withdraw, or the communication has "gone astray". If they have not withdrawn you should attend the court on the scheduled hearing date to ensure it doesn't go ahead in your absence.

[im4347]

Thank you Ell, I totally agree, I will chase them up tomorrow and the court just so that everyone is on the same page.