Threat of repossession.

[Aurora8137]

Hello, I am new to all of this but would really appreciate your advice. I got behind with my mortgage previously and the took out a suspended possession order in 2013, I cleared the arrears. Recently due to bereavement and marital issues, I fell behind again. They have now threatened me via letter that they are going to invoke the prior order to start repossession if I don't ring them. I did call them today and went through everything with them, and they said they will put it forward to the management team and I will hear within 48 hours. I am worried sick about all of this, and wondered on the likelihood of them refusing my proposal.
I would appreciate any advice please.

[nemesis45]

Re: Threat of repossession.

Good afternoon and welcome to LB.

I'll see if I can get some help for you.
[MENTION=85500]Peridot[/MENTION] can you help please.

nem

[Aurora8137]

Re: Threat of repossession.

Thank you

[nemesis45]

Re: Threat of repossession.

Thank you

I have tag [MENTION=85500]Peridot[/MENTION] who his a solicitor.

nem

[Peridot]

Re: Threat of repossession.

Hi Aurora8137,
Really worrying for you but at least you didn't avoid the letter. Well done for plucking up the courage to speak to the lender.
So if I understand you correctly you fell into arrears and a suspended possession order was made in 2013. Did you then clear the arrears? It would be helpful to know the exact wording of the Order. It may be time limited or just be in relation to the previous arrears, assuming they were cleared. If that were the case then the lender would have to take out a full new application.
Have you been making all monthly payments since then? At what point did you go into arrears again and by how much?
Did you make any proposal to the lender for how you could clear these arrears?
You indicate that you have recently been bereaved and that you are having marital problems. Are both you and your spouse on the mortgage? Is your spouse still at the property with you and are they contributing to the mortgage payments?
Sorry a lot of questions to try and clarify the situation. It may be that the mortgage lender is putting the frighteners on you so you make contact and discuss the issue with them. They may be open to negotiation but this will depend on your payment history and the proposals, if any, that are made to deal with the arrears. Are you able to clear the arrears or can you offer a sensible offer to deal with them that you will definitely be able to stick to?
To actually repossess the home they would have to obtain a warrant for possession from the Court, which the court would have to consider.
Easy for me to type but until you have the response from the lender it is difficult to advise. However the Court would have to be involved again if an agreement can't be reached, at which point evidence will be considered, before a final Order is made.
It would be sensible to get your ducks in a row so to speak and get a list of all the payments that you've made and when, since the last Order together with details of events that have prevented payments, a bit of a timeline. This together with copy statements and other supporting evidence will be helpful to have, so at least you have this information to hand if the lender applies to the Court.
There is help out there and there's no point worrying yourself unnecessarily before you know what you're dealing with. It sounds like you have a lot on your plate at the moment already. We can support you more once we have a clearer understanding of what is going on.

[Aurora8137]

Re: Threat of repossession.

The arrears were cleared last time but they are saying they are now going to use the order this time. I went in to arrears in October and owe £1137 in arrears. I did go through everything with Chelsea Building Society, and we agreed a repayment plan but the woman I spoke to said it would have to be agreed by the management team and I would hear in 48 hours. My husband and I are now back together we needed time apart after a difficult time. My payment history wasn't too good but we did agree on an amount that would clear the arrears in 6 months which is what they wanted.

[Aurora8137]

Re: Threat of repossession.

Our records show you have failed to maintain the court order dated 12 December 2013.
Please call **** *** **** no later than 5pm on 31 January 2017 to speak to one of our Legal Team Account Managers to pay the Court Order default amount of £1,134.32.
If the Court Order default of £1,134.32 is not paid by the above date we will rely on the Court Order date 12 December 2013 and re-instruct Walker Morris to apply for an eviction date.


That is what the letter says, leaving out all of the jargon.

[Peridot]

Re: Threat of repossession.

Hi Aurora,
Unfortunately it is very much in the hands of the lender at this point. The words of the original Suspended PO are really important. If it states possession is granted but is "not to be enforced so long as the borrower pays the lender the un paid instalments due under the mortgage of £x by the payments (as set out) in addition to the future instalments under the mortgage" then you may have some difficulties preventing the lender applying for the warrant for repossession. You have done the right thing contacting the mortgage lender to see if they will agree to allow you to try and clear the arrears.
You say above that you 'agreed on an amount that would clear the arrears in 6 months which is what they wanted', was this when you saw them recently or the original arrears? If it is this time then did they propose the 6 month period? If they did it would appear that they are amenable to negotiating with you?
As I mentioned it will very much depend on the exact wording of the original Order and how accommodating your lender is. The arrears are not huge but as you said yourself unfortunately there is a history of falling behind. Lets see what the management team say in the next day or so.
Glad your marital issues have settled down, you need some support at this time.

[Aurora8137]

Re: Threat of repossession.

They told me about the 6 months today when I rang. She discussed with me what we owed and asked that any arrangement would have to be cleared within the next 6 months which it does.

[Peridot]

Re: Threat of repossession.

Sorry just seen your most recent post while I was typing (I'm a slow typist as you can see), so have just deleted a load of this post as you've answered some of the queries.
It is important if possible, you confirm the exact wording of the 2013 suspended possession order as this will decide whether the lender can issue a warrant for the possession order or whether a whole new application needs to be made. This would obviously made a difference to the timescales involved in obtaining possession if this is the route they decide to take.
Irrelevant of the Order (although it would be helpful to know the wording for reason above), you can only wait to see if they agree to the repayment of arrears proposal that you have put to them. Once you know the outcome then you can make the necessary plans for what to do next.