repossesion order help needed urgently please

[numberonechimum]

Hi I am unsure what we need to do so am looking for some help please we have got ourselves (me and my hubby) in a terrible mess.
We are in arrears with our mortgage and have been for some time we had a repossesion order on it last year and managed to pay off the arrears before it went to court to be repossed recently my husband lost his job and we are in arrears again we have had a court date for repossesion on the 22nd may my husband has since got a new job but we just cant pay the arrears this time I am petrified we are going to lose our home as we have no where else to go as neither of us have any family or friends is there anything we can do to stop this please help I am at my wits end we cant afford a solicitor we currently owe £1, 258.00 we were paying off the mortgage payment plus an extra 100£ per month before but we can't afford that now as my husbands wage has dropped by half and I dont have a job will they take less or as its the second time will the court just give them the house and throw us out how long have we got left here I am sorry but im not very good with things like this thankyou anyone who can help

[FORCEOFONE]

Re: repossesion order help needed urgently please

This is not my area but

If a repossession order was granted and you paid the arrears and brought the account up to date, then that repossession order is then null and void

If in the future the bank applies for another repossession order due to the fact you have fell behind with your payments again

Just go back to the court and ask for a stay on the repossession like last time, explain to the court your circumstances

Courts do not like to evict people from their home as a rule, the last repossession order should not even be brought up as it was cleared

A payment plan will be drawn up to carry on with the original monthly contractual payments, with a little bit extra for the arrears

This is just my own educated opinion so wait for more replies though

[PlanB]

Re: repossesion order help needed urgently please

I promise I'll get back to you tomorrow with some more optimistic information but please don't panic yet - easier said than done I know. In the meantime please read this:

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

Please tell me the name of your lender.

Your hearing on May 22nd is only a hearing at which you can put foward your side of the story. Judges do listen. Here's some case law which will help. I'm only telling you this to make you feel more secure. Like I said, I'll be back tomorrow


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

Plan B xx

[numberonechimum]

Re: repossesion order help needed urgently please

Thankyou so much for the help already our lender is webb resolutions

[IanM]

Re: repossesion order help needed urgently please

Thankyou so much for the help already our lender is webb resolutions

Before you go to court make sure that the arrears Webb are claiming are the actual arrears and not a combination of arrears plus any fees or charges that have been added to the account because of the arrears. Check if there is any PPI on the mortgage that you may be able to claim back to offset against the arrears and send a SAR to Webb as soon as you possibly can. Send the SAR by recorded delivery and keep proof that you have sent it so you can ask a judge for an adjournment until they provide the information you have asked for in the SAR so you are able to present a proper defence of the repossession. It may well be that you have paid unfair fees and charges that you can also claim back to offset against the arrears. If anything this will buy you some time so you can raise the funds needed to pay off the arrears before you go back to court.

[PlanB]

Re: repossesion order help needed urgently please

This is not my area but
If a repossession order was granted and you paid the arrears and brought the account up to date, then that repossession order is then null and void Not unless you make an application to the court for the original order to be cancelled.

If in the future the bank applies for another repossession order due to the fact you have fell behind with your payments again Just go back to the court and ask for a stay on the repossession like last time, explain to the court your circumstances The OP didn't get a "stay" on the possession proceedings last time she got a suspended possession order which means that if you break the terms of the order you will be evicted from your home without any return to court unless there are specific terms written into the SPO regarding eviction.

Courts do not like to evict people from their home as a rule, the last repossession order should not even be brought up as it was cleared No it wasn't until the court makes a further order to say it is.

A payment plan will be drawn up to carry on with the original monthly contractual payments, with a little bit extra for the arrears Says who? The court can make an order granting immediate possession to the lender and an eviction will follow like night follows day. With luck and good legal representation the OP may get a SPO relying on the case law of Cheltenham & Gloucester vs Norgen as stated and linked in my post # 3

This is just my own educated opinion so wait for more replies though

^^^^ Forceofone you say "this is not my area" but it is my area and I worry when I see posters being given wrong information. I've corrected your assumptions above.

[PlanB]

Re: repossesion order help needed urgently please

We are in arrears with our mortgage and have been for some time we had a repossesion order on it last year and managed to pay off the arrears before it went to court to be repossed recently my husband lost his job and we are in arrears again we have had a court date for repossesion on the 22nd may my husband has since got a new job but we just cant pay the arrears this time . . . .

. . . we cant afford a solicitor we currently owe £1, 258.00 we were paying off the mortgage payment plus an extra 100£ per month before but we can't afford that now as my husbands wage has dropped by half and I dont have a job will they take less or as its the second time will the court just give them the house and throw us out

Can you clarify a couple of points. Have you been issued with a new county court summons and the first hearing is listed for 22nd May? Or is this a hearing relying on the original possession proceedings which (from what you say) resulted in a suspended possession order last year and it's now being resurrected to embrace your new arrears?

Are you paying (I think you are) the monthly contractual payment on the loan but are no longer able to pay anything on top towards these arreas? Or can you pay at least 'something' extra? I ask because the Cheltenham & Gloucester vs Morgen case ruled that judges can (and should) order a lender to spread the amount of arrears over the remaining life of the loan. If you owe £1,258 then unless you've only got one year left on your mortgage term you ought to be able to get this amount seriously reduced

If you contact Shelter on the freephone helpline 0808 800 4444 tomorrow morning they can tell you if they have a free legal advice centre locally to you. The CAB also have housing advocates who can go to court and plead your case.

But fingers crossed you should be able to negotiate a new Arrangement To Pay with Webb and they can adjourn the hearing indefinitely. If not, then whatever happens get to the court an hour early and ask to see the Duty Solicitor. This a is free lawyer who can represent you in court.

There is no way you will be thrown out of your home next Monday :hug:

[TUTTSI]

Re: repossesion order help needed urgently please

Yes Ian you are quite correct because another member here when Webb tried an possession order included all the charges. Now these charges are greatly over the top like all sub prime lenders and they also need to be challenged and a refund made. This can only be done once you have a detailed list of all the charges and send them a letter requesting a reduction of the over inflated charges which they have levied to your account. Again this needs to be bought to the attention of the Judge that you do not have a breakdown of what is owed ie if it includes charges or not.

The Norgan case allows you to spread your payments out up to the cessation of your mortgage but that is really not a great idea because if the judge slaps a suspended possession order and you miss one payment they will repossess immediately. I would work out a repayment of the arrears and based on what you have said your arrears are £1,257.96 if you say divided that by 2 years the repayments are £52.42 on top of your present repayments. So have a look at your income over expenditure and see what you can comfortably afford and I would try and negotiate with the lenders before the court date. You may well be advised to seek proper legal advice to ensure that it is all done correctly. You could try Howlett Clarke's - I apologise I cannot put a link up at the moment but I am sure one of the LB's will do this for you.

Webb Resolutions is now handled by Lapithus I believe. They also pop in and read the threads here so if you can upgrade yourself to VIP if it is possible Admin can move the thread to a secure area.

Before you go to court make sure that the arrears Webb are claiming are the actual arrears and not a combination of arrears plus any fees or charges that have been added to the account because of the arrears. Check if there is any PPI on the mortgage that you may be able to claim back to offset against the arrears and send a SAR to Webb as soon as you possibly can. Send the SAR by recorded delivery and keep proof that you have sent it so you can ask a judge for an adjournment until they provide the information you have asked for in the SAR so you are able to present a proper defence of the repossession. It may well be that you have paid unfair fees and charges that you can also claim back to offset against the arrears. If anything this will buy you some time so you can raise the funds needed to pay off the arrears before you go back to court.

[PlanB]

Re: repossesion order help needed urgently please

I completely agree with Tuttsi which is why it's so important to discover whether there is already a 'live' suspended possession order from last year or whether the lender has started fresh proceedings.

Another thing to look at is the Pre-Action Protocol for possession proceedings which the court says should only be issued as a last resort after considering all options (point 7 in the link). One of those is to capitalize the arrears (i.e. add them to the overall loan) so the borrower doesn't have any arrears once this has been done. Read about all the other things a lender must consider first such as changing the product from a repayment mortgage to an interest only one to reduce the monthly payments:

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

[FlamingParrot]

Re: repossesion order help needed urgently please

[QUOTE=TUTTSI;341211] You may well be advised to seek proper legal advice to ensure that it is all done correctly. You could try Howlett Clarke's - I apologise I cannot put a link up at the moment but I am sure one of the LB's will do this for you.

http://www.qualitysolicitors.com/howlettclarke

:beagle::beagle::beagle:

[LauraBilley]

Re: repossesion order help needed urgently please

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Re: repossesion order help needed urgently please

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