Loulous reposession

[scoobydoo]

Re: Loulous reposession

I would hope that if you can prove that you can at least maintain the normal MP and a small amount towards the arrears a suspended order would be issued.

But of course no guarantee.

please ensure you try and make a sensible arrangement you can afford. Do not be pressurised to promise payments you can not meet.

Do you have details of the case mentoned in the previous post?

scooby

[Amethyst]

Re: Loulous reposession

''''''
When I spoke with Claire at NR she assured me that although they will be going for the order, as I have made payments and shown that I am trying to get the arrears down, and because they have accepted the payment arrangement, they wouldnt repossess the property. I cant see how they can accept this money off of me and agree to the payment plan and still go to court??''''''''


Its a backup for them - have a look at Jesters thread honey - they agreed a repayment plan with him precourt on the proviso they got a possession order which they would only instigate if he misses the payments. Did you send them your IE with the offer too ?

[cinders]

Re: Loulous reposession

yes I sent everything you told me to send... I dont know why but I really dont trust this... the girl at NR did say once I show a few payments every month I can add the existing arrears onto the end of the mortgage. She actually said in the phone call as long as I keep up the repayments she promises they wont take the house... I cant see it myself I just know theyre going to take it...

any ideas on the defence front?

[Amethyst]

Re: Loulous reposession

Did you get a reply to your email?

The total arrears on the account currently stand at £2546.80.

I will make a payment to you of £1100 before the 31st August 2008. Collection of my normal mortgage payment by Direct Debit will recommence on the 1st September, and will continue monthly thereon. This amount is currently £405.

Additionally in order to clear the arrears on the account i will, on the 1st of each month commencing 1st October 2008, make an additional payment to my account of £251, the last additional payment being made on xx/xx/xx.

I'll get some bits from jests defence for you - its more a witness statement than a defence in these things and you should try get it to court 7 days before and copy to NR.

[Amethyst]

Re: Loulous reposession

Have you got an actual POC btw or notification from court re the hearing?

[jules2008]

Re: Loulous reposession

hi i am new to this but i had to go to court for repossession on 19th August 2008 i was £2500 in arrears and the judge agreed to my paying an extra £40 per month and as long as i keep up the mortgage payments they will not repossess.
I do understand what you are going through it is awful but you are not the only one and it will be ok dont worry.
i really feel for you but as long as you make arrangements to pay back the arrears it will be fine.

Jules

[WendyB]

Re: Loulous reposession

H Loulou. We were in a similar situation a few years back, owed about 2500 which was about 6 months arrears at the time. Went to court and a suspended possesion order was issued, TSB agreed that as long as we paid off the arrears in 3 years they would not seek repossession. Had been paying a weekly amount over and above the MP before going to court. Took all the paperwork to show to the judge, had no representation, didn't do a witness statement or POC or anything (I was very naive and Legal beagles wasn't invented lol). It was in a little room, not a court room with onlookers, just solicitor, me and judge.TSB solicitor was very nice, judge was nice, just basically said "keep up the payments or else" and that was that. We paid it off within 18 months. So keep your chin up. As Cet said, its better to offr an amount you know you can afford and stick to rather than overstretch yourself and give them grounds for the repo.

God luck, I'm sure it will turn out fine.

Wendy xx

[cinders]

Re: Loulous reposession

I have a defence form with a password to fill it all in online... I noticed on there that the arrears at date of issue were £1912.31... I have paid £1000 of that off so surely that should count for something, it was only issued on 29/07/08!!

I really have no idea how to respond to this claim but am talking to Cet about it all....

Ame are you able to come to court with me please? I dont fancy going alone and my parents stilll dont know whats going on... and they have sold their house now....


Getting nervous now, its a week on Tuesday....

[Amethyst]

Re: Loulous reposession

Of course i will, kids are back at school then so no problem.

Is Cet sorted out the defence with you?....you only have to call if you need a hand with anything.

your response will basically be i paid £1k and am paying £XX a month off for the next XX months till the arrears are paid off and thats agreed with NR. Heres my income expenditure sheet.

[cinders]

Re: Loulous reposession

yeah thats what i thought i should be putting but as i havent done one of these before i wasnt 100% sure on it... i have also found that there are differing amounts on all the letters that they have been sending me and also on the amount that they have agreed to the payment arrangement on... ont he poc they have put 1900, i was told on the phone 1700, they have put in their most recent letter 2186... which one do i go with, they have submitted 1900 to the court.... they also have split my payment of 100 over my secured and unsecured when i specified in my letter that it was for mortgage arrears, you might need to know at this point that they have a charging order against the property for he unsecured loan of 5000...

Naziwest have also reared their ugly head saying they are going for possession of the property following my none settlement of the charging order they were granted earlier this year, despite the fact that i havent received any of the documentation about this whether its for court or from their solicitors, which i didnt last time either and upon ringing the court i was told that they allow the sols for the bank to send the documention themselves, which i find weird....

things just get better and better for me at the minute!!!!

Loulou

[Amethyst]

Re: Loulous reposession

when did they get the CO for £5k - if its a CO its secured. So how do you mean they are splitting your payments between secured and unsecured ? They are using the £100 payments you are making to the mortgage to pay some off your loan ?

Okay mrs you drive me bonkers you know. I hope you are paying your council tax this time.

Split these things up then for the moment.

Northern rock Charging Order - were installment terms included in the judgement with permission to have a charging order ? or have you arranged any installment with Northern rock for it.

Natwest charging order - have you asked cobbetts to send you a copy - and same question as above. How much is this for ? £11k ?

Thats important - whats the letter from Natwest say - you have two companies now going after you for repossession.

Is Cet helping or not ? or do you want to bring all your carrier bags of unopened letters round again so we can try and get some sort of hold on this mess again. I'll come to court with you you know i will, but i can only help you sort your finances out if you listen to me and do as you are told.

Sorry if I am being harsh now hunny you know how much i love you but we have been here before, before you got to this stage and that doesnt seem to have gotten you anywhere. I can;t send letters for you. You have to help your self as well.

[cinders]

Re: Loulous reposession

there are no bags of unopened post, everything is being opened as and when i get it... i didnt want to get into the same mess as i did last time. I have been sticking to the payment arrangements which i sent last time you sat and went through everything with me.

the charging order was for £4000 ish with natwest, I cant get the precise figure right atm because all the stuff is filed up home... they have written saying that they are going for the final stage (i think, my mum read me the letter over the phone) and seek repossession of the property.. on the letter i got re the charging order, there was no repayment amount, i think we spoke about this at the time though... i seem to remember being told that once the order was granted it would sit and earn interest until the property was sold.... i dont know now though.

The other charging order is an unsecured loan i had with NR. When I have sent letters to them I have said mortgage arrears, they still write to me and quote a secured and unsecured loan amount so I assume they are keeping them seperate... like I said the money was for what they quoted as mortgage arrears... on the letter that i have received saying thanks for the payment arrangement and the terms are this..... they have said payment against secured amount £89, I sent them a cheque for £100 as I set out in my letter to them, they have cashed it and the only other thing i can assume they have done with the rest of the money is offset it against the loan i had ontop of my mortgage....

i know you are harsh because you care about me Ame but i really have been keeping to all other arrangements made, however, it has been difficult to make ends meet while i have been living with someone who stole from me, the other concern was me being out on the street while down in Cov, I really have nowhere to go while I am down here...

[Amethyst]

Re: Loulous reposession

okay sugar I'm sorry for yelling at you and am glad you have managed to keep the other stuff in order (((((((((((((((((((((((((((((((((((((((hug)))))))) )))))))))))))))))))))))))))))

Natwest CO - you need to ask cobbetts for the paperwork - if no installments were ordered by the court then they should have come to some arrangement - either to leave it sitting gathering interest and dust etc or to make payments monthly which is what normally occurs. They have a Final charging order don't they already ? Dont know without seeing the letter.

Northern rock you need to ask them what they are doing with the other £11 you are sending them. Did that CO for the loan have installments with it ?

As for your housemate, he showed his true colours the first week you were there. You were really brave to kick him out. Your landlord sounds quite sympathetic too which is good. hope the other guys still being okay with you.

I do worry about you stuck down there on your own, I know you have made lots of mates at work and whatnot, but i know its quite scary not knowing theres someone nearby you can run away to when u need to escape.

[cinders]

Re: Loulous reposession

the remaining house mate has been really naughty today and applied for a loan... When I lectured him about it he said he had done it for me so that I can get the arrears cleared before the court date and get the repo order stopped... I couldnt believe it, but I am not stupid enough to bank on the money so I am going to continue as I am and try to fight it. He is such a sweetie.

Should I put in my defence the situation that my parents are in etc and mention that they have now sold their house and are in the process of moving into my house and will be paying rent??

Neither of the CO's have installment details on them. They did get the final order back in like Feb March time, I cant remember when exactly, this applies to both Natwest and NR, then I hear nothing and then all of a sudden receive a letter saying they want to take possession. Could they have been made aware of the repo that NR have got?

Yes I am in a bad position down here, I moved down here to earn more money and have ended up in a worse state than I was originally. Yes I know I knew what he was like but I am quite a trusting person, and even now, I would give someone my last penny, I know I am stupid but its just the way I am made...although that is going to change, I dont give a feck about anyone but me my Mum and Dad now the rest of them can go and do things to themselves...

xxx

[Amethyst]

Re: Loulous reposession

is he going to be paying off the loan or are you ?

Yes put in about your parents renting the house off you....although i would talk to Dan about the nominal rent situation and how to include that.

Yes Natwest could have found out about the reposession action of NR and that could be why they are trying to get in for there bit too.

If you can post that letter up would be really helpful and you can reply to them offering installments on the CCJ debt.

Are you going to have a go at writing your defence and get that posted up here, or at least a list of the facts - what offers you have made and been paying etc. If NR have agreed to payments and you are keeping to them then it should work out okay and you should get a suspended order so they have that security.


Whats your long term plan hunny. You'll still have £300 a month to pay out on the mortgage on the house on top of your rent and everything where you are now...is that realistic for you to manage ?

And are you getting a new housemate to take over from idiot spazwangles share of the rent ?