Debvfm v Northern Rock

[debvfm]

Please can someone advise me?? My partner has a mortgage with Northern Rock which has arrears on it. We have been paying the mortgage but they have a suspended repossession order and have now enforced it. They have asked us to fill in income/expenditure forms, provide wage slips, and bank statements. We have done this on the understanding that they are happy with our proposals and will suspend the court action. We are due to be reposssed on Wednesday and although they have accepted our proposal they now want £8500. We do not have this money and they know that as they have said as much in a letter.

I will now have to go to court and try to get an emergency hearing on Monday. I have all the letters from them (they have taken up 3 weeks of my time) and at the last minute make a ridiculous demand.

Pleaase pleaase help me I am at my wits end.

Thank you

[Amethyst]

Re: Advice on eviction notice ASAP

What basis was the reposession order suspended ? Were you due to make payments off the arrears on top of the mortgage payments and have you been doing so ?

What is the £8.5k for ?

[Amy]

Re: Advice on eviction notice ASAP

So you already have a suspended possession order in place because of arrears on the mortgage, which you were paying regularly, but have now slipped behind again - is this correct?

Did you fill in the I&E before or after the eviction warrant was filed?

How much are the arrears now and how much were they when the suspended possession order was granted? In other words, how much are you in arrears with your arrears?

[Sapphire]

Re: Debvfm v Northern Rock

Bump

[debvfm]

Re: Debvfm v Northern Rock

In answer to the two questions the arrears come to £19,000I have been making monthly payments off of the mortgage and the arrears. NR asked us to do the I and E after the repossesion order in their words 'we want to help you and avoid eviction, we understand that you cannot pay the arrears and want to help you in the short to medium term:. They said today that they accepted our proposals which took us 3 weeks to meet their requirements. They wanted wage slips, bank statements even from me and I am not on the mortgage!! The guy on the phone spoke to the Mandate Team who then said proposal accepted but want 8.5k to stop eviction. Thanks all for your help

[Amy]

Re: Debvfm v Northern Rock

So you already have a suspended possession order in place because of arrears on the mortgage, which you were paying regularly, but have now slipped behind again - is this correct?

... the arrears come to £19,000I have been making monthly payments off of the mortgage and the arrears.

So did you slip behind with the payments you were ordered to make under the suspended possession order?

[debvfm]

Re: Debvfm v Northern Rock

No make payments every month but their computer system doesn't allocate onto one account only but onto two one for the insurance on the house so when I thought I was in front I wasn't.

I have a letter from them stating that they know that I cannot pay the arrears but they can still help and that its not too late.

They have strung this out for 3 weeks asking for bank statements, income - expenditure, payslips and said that it was accepted and led me to believe that it would be cancelled after they had all this. Gave it all to them, they looked at it accepted it and then demanded the 8.5K.

Do you think the judge would allow the arrears to be put onto the length of the remaining mortage (20 years). That way we would all be winners??

Failing that as I believed my offer would be accepted give me time to find another home for my disabled son and young daughter?

Many thanks

[Amy]

Re: Debvfm v Northern Rock

I just cannot see how they are able to evict you when you have paid what you were ordered to under the terms of the suspended order. It's not your fault they allocate the funds to different accounts and there is only one reason I can think of that they would do this and that is to catch you out deliberately.

Are you going to file an N245 (application for suspension of a warrant) on Monday?

[debvfm]

Re: Debvfm v Northern Rock

Yes be at the court first thing. They have mislead myself and my partner. You can imagine how devasted we were yesterday when they demanded the 8.5k. Do you think I should try to get them to put ALL the arrears over the term of the loan? They even sent a direct debit mandate to me which was a direct request (in writing) that we made after comfirming we had enclosed everything that they needed.

The bank statements took time to come from the bank, if only I had known that this was just a tactic to make us feel secure, they even took a payment at the end of July and it must have shown on their system that they had applied to the court. I kept them in the picture constantly making a payment every month and talking about the situation. I just hope the judge can see it for what it is.

[debvfm]

Re: Debvfm v Northern Rock

Good morning

Be off to the court soon to file the forms for a hearing before the judge. I have taken copies of the letters where NR state that they understand that the arrears cannot be paid etc etc. Will post back later with the time of the hearing.

This is making me feel so ill!!

[Amy]

Re: Debvfm v Northern Rock

Good luck Deb, I'll be thinking of you xx

[debvfm]

Re: Debvfm v Northern Rock

Many thanks for all your help/support on here. I have a hearing for the suspension of the eviction at 09.45 am. Just an hour and five minutes before the eviction.

Lets hope the judge finds in my favour!!

[Amethyst]

Re: Debvfm v Northern Rock

Best of luck Debs, you have all the paperwork to show they have been unreasonable and misled you so lets hope the judge can see it that way too.

[debvfm]

Re: Debvfm v Northern Rock

They even lied to the Court Clerk yesterday when she called them to confirm what I set out in answer to Question 10 on the application.

She even said to me (but not to quote her) to name all of the those that I had spoken to at NR.

Fingers crossed just one more day of worry!!