repossession court date

[nannieali]

my brother has just had a phone call from his mortgage people. they said as he owes 2000 and is now on job seekers and cant afford to repay it they are taking him to court on the 3rd february for repossession.
is there any thing he can do to stop this? he cant afford to repay or continuing paying at this time but obviously is looking for a job to bring money in but with little luck at the moment.
Where can he get help from?
Who should he contact?
he has had an awful time of it trying to survive and keep things going and on top of everyting we lost our dad 30th dec so poor thing in a right state.
all advise welcome
nannie ali

[Latch Key Kid]

Re: repossession court date

my brother has just had a phone call from his mortgage people. they said as he owes 2000 and is now on job seekers and cant afford to repay it they are taking him to court on the 3rd february for repossession.
is there any thing he can do to stop this? he cant afford to repay or continuing paying at this time but obviously is looking for a job to bring money in but with little luck at the moment.
Where can he get help from?
Who should he contact?
he has had an awful time of it trying to survive and keep things going and on top of everyting we lost our dad 30th dec so poor thing in a right state.
all advise welcome
nannie ali

Hi

First, and of paramount importance, is this a possession hearing or an eviction warrant - he should have papers from his lender and the court for either?

Moving on -

He may have numerous options depending on the above questions and on his circumstances

If eligible he may get help with mortgage interest payments via the DWP but there is a waiting period and this will likely not cover the full contractual martgage payments.

Always best to stay in communication with the lender and attend possession hearing where possible as he may for instance get possession suspended or the case adjourned etc but this would depend on circumstances

Not much to go on from what you have put and best that he gets independent advice ASAP from any of the free agencies such as local law centre, shelter, CAB or others.

Contacting Shelter by telephone may be the quickest to start with and they know their stuff http://www.shelter.org.uk/.

If it is possible to put up more information there may be people on here who can guide you further -

For example?

* how much is the house approx worth?

* any other secured loans or charging orders?

* what is the outstanding balance on the mortgage?

* Is there equity in the property (including allowing for any redemption fees) , if so approx how much?

* if negative equity, approx how much?

* was the house by any chance purchased under the Local Authority right to buy scheme?

* how much are the contractual monthly mortgage payments?

* what are the terms of the mortgage interest - are the rates and payments set to change (eg fixed term interest deals etc)?

* is the mortgage interest only?

* what is the remaining term of the mortgage?

* any chance that he can get third party help with part mortgage payments for example?

* any other debts?

* household income & expenditure?

* saving / assets?

May seem a lot of info but these are the type questions Shelter or other agencies will ask anyway so best to be well prepared before and if he contacts any of them.

Good luck with everything and come back to us if & when you can

[nannieali]

Re: repossession court date

thanks for that luv ,
i have just given brother details of shelter and he will ring them tomorrow. we hadnt heard of them before. they have a free number even if u on a mobile which is fantastic news. hopefully he will get the advise and help he needs.
many thanks for your help.
all i know is he is unable to pay payments now as lost job. owes 2000 in arrears, has usual gas electric council tax water arrears too. think he may have remortgaged in the past too.

[Latch Key Kid]

Re: repossession court date

thanks for that luv ,
i have just given brother details of shelter and he will ring them tomorrow. we hadnt heard of them before. they have a free number even if u on a mobile which is fantastic news. hopefully he will get the advise and help he needs.
many thanks for your help.
all i know is he is unable to pay payments now as lost job. owes 2000 in arrears, has usual gas electric council tax water arrears too. think he may have remortgaged in the past too.

Hi - you are welcome

Further info & guide that might help

The re-mortgaging might affect any DWP mortgage interest payment help, so he will need all relevant information ready when he contacts Shelter as this will make the call so much easier - also a pen and paper so he can note things down as things can quickly go out of your head after the phone is put down.

If he is on JSA the Jobcentreplus should have already made him aware of any possible help he can get with mortgage interest payments and the form he will eventually need to use is the MI12 one I undestand.

District Judges have been known to adjourn / suspend possssion based on pending benefit claims depending on circumstances.

A Distict Judge also may agree to a suspended possession order on an offer of part mortgage payments from the DWP topped up by a third party but they would very likely need evidence to back this up.

I have gave the above examples as your brother is on JSA then he will likely have no disposable income to make up the mortgage payment.

Third party payments towards the mortgage should not affect his ongoing benefits with regard to income if they come within the rules - he would need to get advice if in any doubt on this.

Lenders and their legal reps at court do not always seem to be that much interested in the fact that someone is about to lose their home and can in my opinion tend to 'script read' at times. So best to be prepared for that and get professional advice and if possible reprensentation at court - the free agencies can sometimes provide this depending on resources and there may be a duty help scheme at the actual court itself

There can be delays with benefit claims and it would not be the first time in relation to mortgage interest payment help especially as the MI12 form goes to the lender and they then have to send it to the DWP office - I suppose this is where recorded delivery can come into its own.

These type of situations can be ongoing and it can be reach a state of trying to stay in the home / buying time in the hope that things improve - very stressfull and worrying for obvious reasons.

He may need to produce a Financial Statement - see below for possible help with this

http://mymoney.nedcab.org.uk

If he has problems with benefit application delays - best to get help and advice from a Welfare Rights agency - also useful link below on this

http://www.adviceguide.org.uk/index/...ax_credits.htm

Sounds like he also needs help with his debts overall and shelter may help or he could try any of these along with others.

http://www.lawcentres.org.uk/

http://www.cccs.co.uk/

http://www.nationaldebtline.co.uk/

http://www.capuk.org/home/index.php

Also it might be worth him looking at the Mortgage Rescue Scheme - this would depend if he meets the eligibilty criteria but I have heard there has been a significant underspend on this so might still be worth a try whatever (useful info below)

http://www.direct.gov.uk/en/HomeAndC...ions/DG_174005

[nannieali]

Re: repossession court date

wow!!!!!!!!!!!! loads of info thanku so much luv,
i will pass it all on to him. xx