Hello with a Big Bang - Urgent help needed for mortgage repossession claim!!

[marypoppins]

Hi everyone,

Firstly I’d like to take the opportunity to wish everyone a merry Christmas.!!

Secondly I have contacted the lender again today and I think I got some good news.

The lender is saying they won’t make an out of court agreement but are willing to accept minimal payments to clear off the arrears over the remainder of the mortgage term under what I believe would be a suspended repossession order.

And they are still asking me to proceed along this route through their solicitors.

Can someone advise about suspended repossession orders especially the following points:

1) Can I ask the solicitors to include a clause which would expire the repossession order if in the future I was to ever clear the arrears or does it automatically expire once the arrears are clear??

2) If I don’t break the terms of the order can the lender use this order to evict or am I safe as long as I stick to the terms of the order?

3) Help with drafting an order if possible.

4) Provide some general guidance on how I should deal with the solicitors.

Thanks.

[2222]

I have never been in this position, but the last thing I'd want is a suspended repossession order. You can read more here:
https://england.shelter.org.uk/housi...t_repossession

This is the scary bit: " you break any of the conditions, your lender can apply to the court to send bailiffs to evict you. You can apply to the court to try to stop the eviction by the bailiffs but you must act quickly."
Personally, I'd defend the case. Your defence was set out in your first post here, plus you've now paid the missing instalments.

[Crazy council]

Hi

1. Its dissapears arfter the arrears are paid, or, upon sucsessfull period agreed by the judge
2. No it protects you as long as you dont substantialy break the terms
some of the others are expert at the next 2, they will help

Some general tips on suspended possession orders

Be carfull what you trems you agree, be realistic with your position and only make agreements that you can deffinatly maintain. Keep an eye on costs added by the morgagee co soslsitors,

If the morgagee co are objecting any offers thatrs reasonable, take a simple finacial plan to the court with you, judges like a fiancial plan

[Ms Anonymous]

Hi marypoppins

In order to receive a suspended possession order, the Judge will take the 'Norgan figure' into account.

Cheltenham & Gloucester Building Society v Norgan [1996] established that as long as the amount being offered will clear the arrears within the remaining life of the mortgage, it is a reasonable offer.

You will need to work out the following:

- The remaining term of your mortgage (in months)
- The arrears amount divided the remaining term of the mortgage

This will give you a figure that the Judge is likely to accept as 'reasonable'.

If you are unable to obtain legal representation prior to the hearing, contact the court to see if they have a court duty solicitor who can assist and represent you at the hearing. Take any documentation with you at the hearing (income and expenditure, proof of your partner's income ect). It is important to note that if a suspended possession order is granted and you breach this, your lender can apply for a warrant without further notification.

In worst case, if possession is awarded to your lender, you will receive an order for possession through the courts. It will give you a date in which the order will expire. If you do not vacate the property by the order date, your lender will have to apply back to court for a warrant of eviction in order to legally evict you which can only be done by bailiffs. You may be able to suspended at the warrant stage.

If you require legal representation, you will need to obtain a gateway number which can be provided to you by the Civil Legal Advice Service. They can also give you breif advice over the phone and refer/sign post you to a local provider under legal aid (if you are eligible).

I hope this helps.

Season Greetings! x

[marypoppins]

Hi everyone,

Thank you so far for all the great support and help so far.

I have today emailed a complaint letter to the lender.
Stating that I have repeatedly contacted them to try and accept a reasonable offer for payment to clear the arrears and stop the claim but that they refused so I’m putting in an official complaint. Fingers crossed let’s see what happens next.

In the mean time I would be grateful for some urgent advice on the following :-

1) I want to put in an application to adjourn the hearing. I believe I have sufficient grounds becuz of my mother’s illness coinciding with the claim and the Xmas holidays prejudicing my ability to seek further specialist advice. I have now also put in an official complaint. Please advice.

2) I have been checking old statements of the account and in the past I have been charged arrears management fees ranging from £50 - £100/£125 per item. These total up to about £2500. Are these illegal charges and could this be used to defend claim??

3) Does a notice before proceedings can be commenced have to be in specific legal format and manner or can it just be a normal letter type??

Thanks

marypoppins.

[marypoppins]

Hi everyone,

Thank you so far for all the great support and help so far.

I have today emailed a complaint letter to the lender.
Stating that I have repeatedly contacted them to try and accept a reasonable offer for payment to clear the arrears and stop the claim but that they refused so I’m putting in an official complaint. Fingers crossed let’s see what happens next.

In the mean time I would be grateful for some urgent advice on the following :-

1) I want to put in an application to adjourn the hearing. I believe I have sufficient grounds becuz of my mother’s illness coinciding with the claim and the Xmas holidays prejudicing my ability to seek further specialist advice. I have now also put in an official complaint. Please advice.

2) I have been checking old statements of the account and in the past I have been charged arrears management fees ranging from £50 - £100/£125 per item. These total up to about £2500. Are these illegal charges and could this be used to defend claim??

3) Does a notice before proceedings can be commenced have to be in specific legal format and manner or can it just be a normal letter type??

Thanks

marypoppins.

Hello,

Hello everyone wer you all gone.??
I really need some advice here.
I have now also read a bit more of FCA’s MCOB rule book.
And I believe the lender has acted unfairly here.
I have in the past requested that they switch the mortgage to interest only although it was only verbally over phone and not in writing and they refused.
Also they have not offered to capitalise either, which I believe would be beneficial in my circumstance although I would pay more in interest over the long term. The lender has not offered this either.
I have also tried on 3 occasions to ring them and offered to clear the arrears over the lifetime of the mortgage but they refused to cooperate.

I really need some urgent advice at the moment on given my circumstances whether it is appropriate for me to seek some kind of a postponement or adjournment. And how to practically go about doing that.


Thanks
marypoppins.

[Crazy council]

hi,

Its just the xmas period why your not getting much answers, when is the court date

[Ms Anonymous]

1) I want to put in an application to adjourn the hearing. I believe I have sufficient grounds becuz of my mother’s illness coinciding with the claim and the Xmas holidays prejudicing my ability to seek further specialist advice. I have now also put in an official complaint. Please advice.

It is highly unlikely that the court will allow you to adjourn the matter based on the grounds you state. The court would only adjourn the matter if say, you were waiting for a certain benefit to come through which relied on affordability to pay the mortage and/or arrears.

2) I have been checking old statements of the account and in the past I have been charged arrears management fees ranging from £50 - £100/£125 per item. These total up to about £2500. Are these illegal charges and could this be used to defend the claim?

This could be used to offset againsnt the arrears depending if you have a valid defence. Not too sure about this.

3) Does a notice before proceedings can be commenced have to be in specific legal format and manner or can it just be a normal letter type??

The lender will need to serve you with a notice relying on a particular ground or grounds and has to be in a certain format depending on the ground relied upon. It also has to give you a certain length of time before the notice expires and they can apply to court for possesion.

I would advise you to obtain legal representation as if the lender has not followed pre action protocols or if the notice is invalid, you may have a defence. As you state you have been charged incorrectly (therefore potentially disagreeing with the arrears) it would be best seek legal advice.

[meellis]

In a previous post you mentioned a letter from the mortgage company stating that they had breached guidelines on handling your arrears, make sure any courts or legal representatives you use are aware of this and what the mortgage company have done to redress this. Especially collect any evidence to include within any defence.