repossession order :/

[Blackstar]

Hi peoples,

Approx 18 months ago, my mortgage lender got a repossession order against my property due to falling behind on payments.

The order was set aside as long as maintained payments in the agreement.. which all last year I did.

This year however has been a struggle again, and now the lender has written to the court to enforce the order. :/

Mostly this is down to them wanting an I & E from me, but I keep telling them I don't know what I'm going to earn from one week to the next.

I'm behind £1800, and currently getting the money together with a little help to pay it off.. does anyone know how long it takes from them writing to the courts to me getting served the notice and usually how long do you get? or will I be summoned to court again?

Also if I pay off my arrears in the next week or so, will the eviction stop?

Thanks, and any advice would be appreciated

[PlanB]

Re: repossession order :/

Approx 18 months ago, my mortgage lender got a repossession order against my property due to falling behind on payments.

The order was set aside as long as maintained payments in the agreement.. which all last year I did.

This year however has been a struggle again, and now the lender has written to the court to enforce the order. :/

. . . . I'm behind £1800, and currently getting the money together with a little help to pay it off.. does anyone know how long it takes from them writing to the courts to me getting served the notice and usually how long do you get? or will I be summoned to court again?

Also if I pay off my arrears in the next week or so, will the eviction stop?

To answer your last question first, if you pay off the arrears the eviction will stop because you will not be in breach of that suspended possession order so long as you make the court aware that there are no arrears (with evidence) since they are not psychic. If your lender has made an application to the court for an eviction warrant you can also make an application to postpone, delay or even cancel this. What stage has this reached in legal terms? I would strongly suggest you get help from either the CAB or Shelter to deal with the paperwork and do it quick, Ring Shelter's FREE helpline on 0808 800 4444. Here's some information on the process:

http://england.shelter.org.uk/get_ad...y_the_bailiffs

If you are not in a position to pay off all the arrears immediately you can still make an application to the court to vary that suspended possession order to a more affordable monthly figure. The court has the discretion to spread the timescale for repayment of those arrears over the remaining term of the mortgage which could be up to 20 years. The case law on this is Cheltenham & Gloucester vs Norgan

http://www.bailii.org/cgi-bin/markup...method=boolean

Did you attend the original repossession hearing to give the judge your reasons for the arrears and explain what you could reasonably afford? Or was this a consent order?

[PlanB]

Re: repossession order :/

The order was set aside as long as maintained payments in the agreement.. which all last year I did.

This year however has been a struggle again, and now the lender has written to the court to enforce the order. :/

Mostly this is down to them wanting an I & E from me, but I keep telling them I don't know what I'm going to earn from one week to the next.

This is maybe where you are going wrong. If you want your lender to agree to you making lower payments because you can no longer afford what was previously agreed, then it seems only reasonable for them to seek justification from you. For all they know you could be pulling a fast one in an attempt to dodge a court order. I'm not suggesting that you are doing that for one minute, but lenders don't make emotional decisions, they make pragmatic ones to please their shareholders etc. They need these bits of paper.

Most lenders require an I & E Form to be completed as a way of doing the maths to calculate an change in repayments. It's not a sworn court document it's simply an estimate (if you're self-employed) of your Money In & Money Out situation. That seems perfectly reasonable to me, and possibly not very reasonable of you to withhold this information from them which from what you say has triggered them to go to court to get you evicted

[PlanB]

Re: repossession order :/

I'm behind £1800, and currently getting the money together with a little help to pay

Is £1,800 the total sum of your outstanding arrears or is that the amount of monthly repayments you've been unable to keep up with towards a bigger overall arrears sum?

Did your lender offer to capitalize your mortgage arrears (i.e. add them to your original loan) before issuing possession proceedings? Because they are obliged to consider this option under Pre-Action Protocol. If they didn't then you may still get the opportunity to negotiate this with them now or even ask the court to order this. If successful you will then have no arrears (because the amount will have been changed into 'capital' outstanding) and then you could apply to the court to have that current suspended order cancelled. The advantage of this is that if you fell into arrears again in the future the lender would have to issue possession proceedings all over a again instead of rushing to evict you

Here are all the options a lender must consider before they issue legal proceedings (see No 7) and there's nothing to stop them agreeing to them after they've obtained a suspended possession order either:

http://www.justice.gov.uk/courts/pro...t_mha#IDAPK0HC

My feeling is that you may have a breakdown in communication with your lender (who is it?) and you need to re-establish that quick. Sending them the I & E would be a good start :typing:

[labman]

Re: repossession order :/

A VERY impressive series of posts Plan B - thank you! :beagle:

[PlanB]

Re: repossession order :/

A VERY impressive series of posts Plan B - thank you! :beagle:

Well thank you kind Sir :yo:

It's only because I got a telling-off from INCA yesterday for not pulling my weight on the forum :fear:

[Blackstar]

Re: repossession order :/

Hi PlanB, thanks for getting back to me.. as for the original hearing I was there and agreed to pay £50 a month extra, all last year was fine until 2013.

£1800 is just the arrears. and they've never offered me the option of consolidating the arrears with the original mortgage.

Its NRAM btw who the mortgage is with.

thanks for the help

[PlanB]

Re: repossession order :/

as for the original hearing I was there and agreed to pay £50 a month extra, all last year was fine until 2013. £1800 is just the arrears. and they've never offered me the option of consolidating the arrears with the original mortgage.

Its NRAM btw who the mortgage is with.

Is it one of the Northern Rock Together mortgages where part was secured against the value of the property and part lent as a separate loan? If so there's a lot of recalculations, refunds and redress going on at the moment and I wonder whether you may qualify for any of this which would reduce your arrears:

http://www.bbc.co.uk/news/business-20679511


If it was me I'd make an immediate application to the court to vary that suspended possession order using a N244 form which you can download from this link which explains what to do:

http://www.adviceguide.org.uk/wales/...er_the_hearing

Or download it direct from the HMCS website with guidance notes here:

http://hmctscourtfinder.justice.gov....t_forms_id=484

Once your application is on file with the court, the lender's application for an Eviction Warrant should be delayed until after your hearing to vary the original order has been dealt with by a judge. Are you sure the lender has made this application or is it a threat at this stage? They can't just "write" to the court as stated in your first post, they have to make a formal application which is usually processed by their solicitors. Has anyone been in touch with you to confirm the situation?

As with most big organizations the left and right hand don't always know what's going on so it's your responsibility to keep the court informed of any application you make and its relevance to a possible outstanding one made by the lender which could be in the pipeline, always quoting the original claim reference on all correspondence/emails.

Dare I say that your application to vary that SPO will require an Income & Expenditure Form as evidence so you might as well spend this weekend doing it. NRAM even have a template on their own website to make life easier for you Click on the *Homeowners Budget Planner* on the top right of this link on here:

http://www.n-ram.co.uk/homeowners/he...t-difficulties

[Blackstar]

Re: repossession order :/

Thanks again, yes it is one of the mtgs with the loan on top, which apparently they just wrote off £3k off the arrears on that.. and with this I was unaware until they told me on the fone, so they sent me copy letters a few weeks ago.

I did ask them last month for a copy of our original agreement with my signature on. they just sent me out a computer print out with a copy sig printed from
someone from nram.. but not my signature on.

apparently, they don't have it on there system so were looking into it... do you know if they would have to produce it in court or not?


regards

[PlanB]

Re: repossession order :/

yes it is one of the mtgs with the loan on top, which apparently they just wrote off £3k off the arrears on that.. and with this I was unaware until they told me on the fone, so they sent me copy letters a few weeks ago.

Wow. Wait a minute. Are you saying that NRAM got the original possession order based on an incorrect statement of arrears :eek2: How much were the arrears at the time they instigated those legal proceedings? If they were £3k or less then they may not have been entitled to a possession order (because it's been accepted that you were not technically in arrears) and you could/should get it set aside. Even if the arrears were over the £3k which they subsequently refunded that still means the claim for possession was flawed. And are you able to assess whether these arrears relate to the core mortgage or the separate loan agreement? I think you would be well advised to get some proper legal advice here from a housing solicitor.

Contact LawWorks to see if there's a clinic offering free legal help in your part of the country:

http://www.lawworks.org.uk/list-of-l...member-clinics

[Inca]

Re: repossession order :/

Well thank you kind Sir :yo:

It's only because I got a telling-off from INCA yesterday for not pulling my weight on the forum :fear:

OI WENCH I DIDN'T MEAN YOU WEREN'T PULLING YOUR WEIGHT,,I MEANT YOU HADN'T BEEN PANDERING TO MY EVERY WHIM!!!!:whip:

[Blackstar]

Re: repossession order :/

No sorry, I should have been clearer, just a bit stressful.. the adjustment they have made is just to the loan on top of the mortgage. :/