Help: Repossession Cheshire/Blemain

[stressedout]

Basically I think we are up the creek without a paddle!!

Hearing on 30 April. Arrears are just over £1,600 but by the end of this month will be just over £2000.

Arrears arose because I lost my job last year, we were ok paying the payments until around Christmas when hubby's income took a nosedive and hasn't really recovered. He has started with a new company in the hope that more regular work will be supplied.

After reading loads of threads on here and elsewhere, I don't think we have a hope in hell of saving our home because we have very little income.

We have a shared ownership property, we approached the housing association to buy back our half and revert to full tenants. They were looking into this, but have now informed us that they will not buy back our share. This is a major blow.

I have claimed JSA, but don't think I'll get much more help.

I really don't know what to do. I just feel that going to the Court without any realistic payment proposal won't help and a possession order will be granted.

I have a couple of interviews next week, and can only hope that I obtain employment.

Can we ask the Court for more time to sell the property? Obviously, in the current climate I'm not sure how long it would take to sell.

We have now been to the CAB twice (last time yesterday) and they weren't much help at all. The lady advising us just kept on saying we should claim more benefits. Also said we should speak to the Shelter person who will be at the Court.

I don't believe that Cheshire have followed correct procedure either in order to help us. We have put everything in writing, but all they do is constantly telephone the landline and mobiles. They did not offer any reduced payments, or payment holiday. They have not negotiated with us at all, even though they claim they have. Cheshire phone every day, I have caller ID so I don't answer it. The only time we spoke to them on the telephone, they pressured us into paying the normal monthly payment plus an amount on top. We said we couldn't do that, but they wouldn't listen. We have asked them not to telephone but to put everything in writing, but they just ignore us.

I have been trying to get help elsewhere but with not much luck. I just think if we go to Court with no payment proposals, that will be it, we will be out on the streets. We have nowhere else to go and no money for a deposit for a privately rented place. I'm really at my wits end now.

Any advice would be appreciated.

[enaid]

Re: Help: Repossession Cheshire/Blemain

Welcome to beagles stressedout,
I am not the one who can help you, but someone will be able to and they will be along shortly.
Enaid x

[Amethyst]

Re: Help: Repossession Cheshire/Blemain

Have you entered your N11 Defence Form back to the court, or have CAB advised at all on defending the claim?

i think you need to go into court with at least some kind of plan, if the house is up for sale you can ask for time to sell...have you put your proposals in writing to them at all?

We can give you a hand writing a defence to enter but first thing we need to do is get your income and expenditure sheet done so we can see your full situation - you can find this here - Legal Beagles If you would like to keep the details more private you can email it to me Amethyst@legalbeagles.info .

Is your hubby self employed?
Do you have children?
Whats the mortgage on your property and how much is it up for sale for?
How long has it been up for sale?

Have you looked into applying for Housing Benefit to help with the interest payments or asked the mortgage company to change the mortgage to interest only at all?

If you can answer those bits and do the IE sheet then we will try and get some form of defence entered. You really need to get it in 7 days before the hearing, so we need to move quite quickly.

If your income doesnt look like improving and you can't afford anything on top of the normal monthly payments, then you should be able to put the possession off long enough to get the house sold, and for you to find rental accomodation. Also the benefits office may be able to help with deposit for rental accommodation but that would only be if you are eligible for any housing benefit.

[WendyB]

Re: Help: Repossession Cheshire/Blemain

Hi. First thing to do is calm down and try not to panic. i know it's hard but you are amonst friends now.

Can you fill in an income and expenditure form (sorry i'm crap at links but it's on here somewhere)
Who is the mortgage with?
What are their POC (Particuulars of Claim) on the court documents?
Are they seeking repossession or a charging order?
Have you acknowledged the claim?
Do you have children/dependants?

Scan in whatever documentation you have, removing personal info first.

i know it seems loads of questions, but the more we know, the better we will be able to advise.

Sit down, chill, have a coffeee, and shout if want anything.

And a warm welcome to Beagles

Wendy x

[stressedout]

Re: Help: Repossession Cheshire/Blemain

Many thanks for all your replies. I have a development on this saga, which I will tell you about in a mo.

Firstly, Defence already been sent off, basically asking for more time because when I sent it off the HA hadn't come back to us about buying our half share. Income and expenses sheet done at the CAB - shows we have no money to pay basically!!!

Hubby is self-employed so his income goes up and down, and has been badly affected the current downturn. No children, (just one cat!) have applied for JSA because the lady at the CAB said I couldn't apply for income support (not sure why) but hubby could as long as he only works so many hours. Claim for housing benefit and council tax benefit claim in the system.

Mortgage is with Cheshire Mortgage Corporation/Blemain Finance (whom according to other consumer sites have quite a bad reputation). Mortgage was £56,827, but they are claiming £60,688.29 because of early redemption and charges. House not on the market yet, but got someone coming at the weekend to value. We had to find an agent who was prepared to defer the HIP payment. I would estiamte our share to be around the £65K mark, might get a bit more but not too sure in this current climate.

Now, just a while ago, someone knocked at the door, I didn't answer but a letter was put through. It's from Cheshire basically saying they would like to try and come to a "mutually acceptable payment plan before the hearing date". That bit is in handwriting. It says we have ignored previous requests to contact them, which is complete nonsense, because we have done everything in writing! Should we respond to this, or ignore it?

[scoobydoo]

Re: Help: Repossession Cheshire/Blemain

Do they have something in their mortgage terms which says they can send round an "advisor" and then charge you for it - as that sounds like what they have attempted to do .

Have they up to now offered you any kind of assistance such as interest only /payment holiday /arrears to be added on at the end of the mortgage?

Have you been making partial payments even if you can not afford the whole payment - in other words paying what you can afford each month?

What is your ultimate aim - to sell - or do you think there may be employment prospects that could put you back into paying the mortgage again.

Interestingly I saw on another site yesterday a comment from a judge that in the near future they MAY have the power to change the terms of the mortgage in court. That would be interesting.

[TUTTSI]

Re: Help: Repossession Cheshire/Blemain

Here is the income and expense sheet that Amethyst was talking about.

http://www.legalbeagles.info/forums/...ead.php?t=5102

Have you written to them with any proposals whatsoever. I ask because there is the case of Cheltenham and Gloucester v Norgan which allows arrears to be paid over the remaining length of the mortgage. Can you also state what the remaining length of the mortgage is.

For instance if you say had 4 years to run and your arrears were £1600 which represented just under 3 months that would be £26.67 per month.

Can you also confirm how many months arrears the £2k represents and can you by any chance get this down to just under 3 months immediately, because if it is under 3 months I do not think a repossession will be given the green light.

I would firstly complete the income and expense summary so you can see what excess income you have, then divide the arrears by whatever you are comfortable in paying off and then this will need to be relayed to Cheshire/Blemain. We actually did this with our Mortgage with Rooftops when my o/h had emergency eye ops a few years ago and we went over 3 months in arrears, we are now about 2 months in arrears and they agreed to a payment plan over 4 years, but we could have stretched this longer.

This will also need to be put on your defence - which I am sure Amethyst will have taken on board.

The main thing here is do not panic and we will try and help you.

Tuttsi x

[stressedout]

Re: Help: Repossession Cheshire/Blemain

Hi scoobydo

Not sure about charging for the advisor bit - I'm sure they will charge, I'll check it out.

They have offered no assistance whatsoever and I think that is now why they are trying to back peddle a bit. In the statement I attached to the Defence I mentioned they had offered no assistance and not responded to any letters. I received a witness statement from them which lists the things they have done to comply with protocol. All complete lies because they have done nothing.

To be honest moving out of the house doesn't really bother us as long as we had somewhere else to go and that's the problem - we haven't. We would prefer to sell and rent rather than get re-possessed. The work situation in our part of the country is pretty bad, I've applied for several jobs over the past few months and only had one interview!! There is a possibility that I could go and stay with relatives in London and work, but that would not be a long-term solution.

No payments have been made at all since January, we simply haven't had the money. We did ask if we could make reduced payments, but no response was received, although I guess we should have tried to pay something.
------------------------------- merged -------------------------------
Tuttsi - the £2k represents 4 months in arrears. I could borrow the money off a relative to pay a month and get the arrears to just 3 months.

Mortgage was 20 years and we've had it since December 2006, so still a long way to go! Also, no interest rate cuts passed on at all and I also mentioned this in the Defence. Not sure if that will give any weight to the argument, but if they had passed on interest rate cuts, the payments would have been lower.

[magiciansgirl]

Re: Help: Repossession Cheshire/Blemain

Good to see you are getting sound advice!

MG

[stressedout]

Re: Help: Repossession Cheshire/Blemain

Well, so far today, the number of phone calls stand at 6!!!

I've had a bit of good news this afternoon - got an interview on Friday!!

[Sapphire]

Re: Help: Repossession Cheshire/Blemain

Hi Stressed out, have you sent them one of our 'harrassment' letters ? If not here's one you can adapt to suit your circumstances. I know you probably don't want to wind them up but you can emphasise that you only wan't to deal with them in writing only.


Your Name
Address
Address


DATE


Company name
Address
Address





Re: TELEPHONE HARASSMENT


ACCOUNT NUMBER: XXXXXXX

Dear Sir/Madam

I am writing to complain about the high number of telephone calls I have received from your company.
Despite a verbal request to stop these calls, I am still being contacted and I deem this to be personal harassment.
I now request that ALL further contact from your company be by letter only.

I believe that your continued harassment of me by telephone places you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, which could result in a substantial fine against your company.

Be advised that any further telephone calls from your company will be recorded.


Yours faithfully,

[stressedout]

Re: Help: Repossession Cheshire/Blemain

Yeah, I was about to do that! I don't really care if I wind them up - it can't make things any worse than they are already.

[stressedout]

Re: Help: Repossession Cheshire/Blemain

Not sure if we should respond to this letter shoved through the door? I defo think they are trying to back peddle because they have not followed correct procedure.

[Amethyst]

Re: Help: Repossession Cheshire/Blemain

Respond to the hand written note in writing to their office and remind they that you have attempted to come to a 'mutually acceptable' agreement with them in writing and repropose what you are proposing (even if its £25 a month or less) and ask for their response in writing.

Send the harrassment letter too.


Do you have a copy of what you have entered as your defence, and have CAB done that for you or have you done that yourself ?

[scoobydoo]

Re: Help: Repossession Cheshire/Blemain

Is the mortgage on repayment?

Please dont take this the wrong way - but if you want to keep the house even on a temporary basis it is the bill that must come at the top of your list.

In the long term if you maintain control of the sale and can do that while the property is occupied you will be better off financially.