Court claim to sell house to recover debt

[Patchie]

Have a claim from NatWest for monies owed on a second charge and a overdrawn account amounting to approx. £42,000. The business ceased in Feb 2013 after 4 years of poor sales. During that time the whole family finances imploded and we had council tax arrears for three years, utility problems and were for a time in mortgage arrears. A mess. I have now found a job, albeit with an Agency at Amazon, but reasonably paid and paid weekly with 10 hours overtime each week at the moment if I choose to do so, which at my age, 55, and the walking I will only do at Christmas. I will possibly stay until September, get released and come back 8 weeks later, which happened last year, or hopefully next month get taken on as a full Amazon employee as my productivity and general conduct is what they require.
We have cleared all the household debts. We are ahead on the mortgage payments by about a year as my wife insists in paying over the required amount. I have a business rate payment which is going down and should be paid by the end of the year. I have a battle with Customs over unpaid Corporation tax which I hope will be cleared up seeing as my business made a loss the first year of £18,000 and a profit of less than a £1000 the year after then the credit crunch hit.
My intention was, once I knew I was safe at Amazon, was to write and offer £500 a month to NatWest to clear the monies owed but they beat me to it. I have been to the CAB, and will go again today. My eldest son has enquired whether he can legal help for me through the Police Federation as he is Traffic Policeman. I have made the offer again to NatWest on the 5th February and to date have not heard back from them which I believe is a good sign. The CAB reckon it will mean a trip to the Court and to get this properly noted.
There is one major thing about me. I suffer from mental health issues and have done most of my life. When I am in a good position I am OK when I am up against it I am not. I am a person who will hide things, which makes things worse, which I have done in this case. I know through this site how to deal with bailiffs but before meeting bailiffs has resulted in me doing drastic things including a suicide attempt. The previous was over money, this is my family home and I am OK at the moment but the dark thoughts have surfaced again in this instant and it scares me.
I can pay this off, which was my intention all along. I am in a situation where I can. Is it too late or do I have a chance to stay in my house?
Thank you

[Patchie]

Re: Court claim to sell house to recover debt

I see people are reading this. Hasn't anyone got anything to say on this? Have I a chance to get this straightened out or not? Have I done the right thing? Or shall I take the non reply as I have done the right thing?

[seduraed]

Re: Court claim to sell house to recover debt

First of all good morning and welcome to legal beagles.
Have you the claim from nat west ? If you have had the court claim have you defended? I think what nat west are doing is trying to secure their position by getting a charging order on the house .

I would contact NW by email or by letter (always leave a paper trail) offering a settlement. see what they say. But you are a long way from losing the house .

Nt West Have to

Issue letter before action,
Give you chance to negociate a settlement
Issue county court claim (defend, offer settlement at court)
Win
Get order for you to pay
Get charging order
go to court to enforce
enforce.
There re all sorts of court steps along the way where things can be negociated .

more knowledgeble beagles will be along shortly to advise . Dont panic, with your record of getting lll the bills up to date the court will look favourably on you making an arrangement.

[wales01man]

Re: Court claim to sell house to recover debt

Has any Court action to repossess started? if not try and negiotiate if they are trying for repossession get help from CAB Shelter or online from sites like LB non replies may mean they are still asleep many advisers on here are online all times of the day

[Patchie]

Re: Court claim to sell house to recover debt

I have a court date 4th March. I am seeing CAB again today. My son is trying to obtain legal help from the Police Federation as he is a traffic cop so don't speed around Slough M4/M40 folks. I wrote to NW on the 5th February outlining what I can pay, they have and income and expenditure form filled out and my payslip. All important household bills are paid and all except water is paid in full for year and water is being paid off this week. My biggest problem for me is my mental health. It is so hard to fight dark thoughts believe me and I have personally known three people in the last two years that have ended it but will the Court or NW heed this?

[Patchie]

Re: Court claim to sell house to recover debt

Yes you are right people are still asleep, this is the problem with mental health you wake early. See other post to see where I am at the moment but I am scared of this, not the Court thing but what my reaction could be to a negative result though logically it should clear everything up but will cause hardship and me to feel I have let everyone down who I love and care for.

[Mineral1]

Re: Court claim to sell house to recover debt

If you make a reasonable offer to repay any arrears then if NW go off to court it will be fruitless as a court is unlikely to tip you out of your home.
I would be proactive with NatWest. Remember this, you are and want to be shown to be actively trying to resolve this, if the sloth company does bugger all then thats good ammo for any action should it actually happen

[nemesis45]

Re: Court claim to sell house to recover debt

Mineral 1 is spot on here, keep the paper trail of both your correspondence and NW's it will show the judge that you are making an extraordinary effort to put for finances in order, the last thing the judge will want to do is make you and your family homeless.

nem

[Patchie]

Re: Court claim to sell house to recover debt

Been to CAB and made a few amendments to I&E. Also looked at finances and have decided that the £3000 PPI we have just got back and has just gone in the building society and £1,000 we can put together from my salary we can pay straightaway to NW. They have put in the second charge and a non priority overdraft in the full amount. The £4k we can put in for the 2nd Charge which is over 10% of total of £37K. I have business rates of £3100 to clear which with budgeting and overtime, which I haven't included in the I&E on CAB advice, I intend to clear by the end of this year which will add £200 a month more to NW which means we can pay it off in around 5 years and the final year will clear the overdraft. Just have to do overtime to pay for daughters wedding in August. I know it is a longshot but would paying that amount in shut them up? We have no priority debts than the Second Charge and Business Rates. All household bills are up to date. I can pay the £4k right now.

[Patchie]

Re: Court claim to sell house to recover debt

Sounds like this could be the way out?

[Patchie]

Re: Court claim to sell house to recover debt

OK. I am incredibly nervous and in my head I am thinking the worst for Wednesday which is my nature. What we have done is cleared £4k off the priority debt and with the I&E can pay over £150 above the monthly rate and can go higher in a year when other priority debt is paid. Can someone just reassure me as much as one can that this should be OK, I would feel a lot more settled if there is some reassurance. From research I have done the best thing to do is turn up and two have done something about it and hope it is enough.

[seduraed]

Re: Court claim to sell house to recover debt

As Nw have a second charge and you are ahead on the main mortgage NW will find it nigh impossible to get possession . You have a payment plan and affordability there should be no problems. It is much harder for the holder of second charge to get possession than that of of a first charge.