Repossession imminent - please help

[skinszo]

Hi everyone,

firstly thank you to everyone on this site for the invaluable advice and help.

im in desperate help for advice.

Last year I had my own business but due to financial difficulties I had to close.
This left me with several debts and obviously no income.
i decided to look for full time employment rather than previously being self employed but again I've been unsuccessful to date although am hoping to have something confirmed in the coming weeks.
I unfortunately did the worst thing possible at the time and burrowed my head I'm the sand and ignored a lot of my debts including my mortgage.
Then December last year I decided to sort things out and took the step of moving out and renting my property for a period to cover the mortgage.
I found and tenant through the estate agents and agreed a rental income of £870 a month for an initial 6 months. My mortgage is )£660)
i had been speaking and emailing a specific person at the bank and sending through details and also trying to look at ways I could pay back the balance I owed from not paying. (Around £5k)
i had also given her my new forwarding address and telephone number via email to which she acknowledged.
The end of Jan I email her to say I would be making a payment of £1125 in the next couple of days.
i received an email back saying that to make sure this was done by the end of the month or it would go to litigation.

I rang and made the payment of £1125 before the end of the month and it was processed and I was then passed through to litigation who advised me that had already taken an order and had gained an eviction date of the 4th March.
( I had previously had eviction proceedings against me due to the nature of my business and always made large lump sum payments so they have something where they don't have to keep going to court).

i have been since trying to deal with someone else (a manager) in litigation and he said that I didn't have the correct permission from them for rental but I needed to get this which is an admin fee of £100 even if turned down.
And after this he could look at something to sort it out but he would not cancel or delay the repossession date.
i received the paperwork on Saturday to which I filled in and emailed over on Monday morning detailing how urgent it is.

im left with a week today of the repossession and don't know what to do??
if they come back and say no I'm stuck as have no time to sort anything as well as having tenants in the property.
Id previously been to citizens advice but the told me to speak to the company and when speak to them no seems to be able to offer advice or help.
I know I can go to court but I'm worried about this as have no experience in this what so ever and said to the mortgage company I would rather given then the £80 fee.

im really genuinely trying to resolve things and get through whst been probably the worst part of my life.

Can anyone help?

Many thanks

[IanM]

Re: Repossession imminent - please help

Which mortgage company is it please?

Who are the solicitors?

[skinszo]

Re: Repossession imminent - please help

The mortgage is with bank of Ireland, I'm not sure of solicitors as I haven't had any correspondence from them, but I think it was TFT ?!?

[IanM]

Re: Repossession imminent - please help

TLT?

Have they obtained a Suspended Possession Order?

If they have a SPO then they should have sent you a copy after the original hearing for repossession.

When was the original hearing?

Also, ask your lender for a full statement of account showing all your payments, fees, charges and interest added to your account and you may be able to claim some of the fees, charges and interest back which may offset your arrears.

If you are already making payments towards the arrears and they have obtained an eviction date then you need to make an application to the court that issued it to have the eviction cancelled, or suspended, on the grounds that you can maintain the current mortgage payments and something towards the arrears but you cannot keep affording to pay the amounts they are demanding under the threat of an eviction order whilst you are disputing the amount of arrears claimed.

You also need to check the payments you have been making have been allocated to the actual mortgage payments first before anything is paid off the arrears because lenders have a habit of allocating your payments to the fees and charges and not the current mortgage payment due so they can show your account in arrears so they can add more fees and charges.

Never trust them and don't back down but make sure you fight them for the right reasons.

You will also need to send a SAR to obtain all your paperwork before you can make a complaint about your account and the way it is being handled which they will then have 8 weeks to respond before you can make a complaint to the FOS, which we can help you with here once we have all the facts.

[bluebottle]

Re: Repossession imminent - please help

The "lender" isn't Redstone Mortgages Ltd and the solicitor involved isn't called Amy Wells by any chance? There are good reasons for my asking these specific questions.