Long story short, in January we got a repo order suspended on our house for arrears including fees of £9,500.

I have just received notice that my lender has asked for this to be actioned again and I am awaiting a date for eviction from the court.

The original agreement was CMP + £200 which totalled £1156.07pm.

Last month I could only pay £530 towards my mortgage (May) and have informed them that I shall be paying this months (June) plus the balance by the 16th but this appears to have fallen on deaf ears.

The mortgage details are;

Lender: Mortgage Resolution Limited

Type: Interest Only

Rate: Fixed @ 9.51% until 08/10

Monthly CP: 956.07

Towards arrears: 200.00

What should I do?

1 When the notice arrives put in an N244 on what grounds?

2 Apply to my council for a MRS (wife is 6 months pregnant)

3 Ask the lender for a reduction in interest rates?

4 Resign myself to the fact that as this will be the third time at court I have no chance at all?

Family details:

2 kids, 3rd on way, in receipt of WTC incl CTC of £920pm and wife earns £500-£600pm (fully declared). I am on DLA (lower rate).

Thanks in advance

We pretty much did this but missing the odd payment. My wife and I temporarily separated last year and due to the costs of living apart we got into a little difficulty, although we are now back together. We have not paid the mortgage since the 10th of December.

Received a letter from GE money on Friday saying that we are 4100 pounds in arrears and they are seeking a bailiffs appointment.

I rang GE money yesterday to make an offer of two monthly payments(2 x 788) this month followed by monthly payments of 788 + 150 off arrears each month after that. They said that the arrears were 4100 and there were 2000 pounds of charges and additional interest and they would be looking for most of that to be cleared to stop the action. I was told that my case handler will not be in until Monday and they will put my proposal to them then but it is unlikely it will be accepted. They said I should try and come up with other options and have a completed income/expenditure form completed when I ring them tomorrow.

To stop the action can they ask for the additional charges or just the arrears?

The total outstanding mortgage is 148,000 and the house is worth approx 250,000

Please help. I cant sleep, we have a teenage daughter who starts her GCSE exams next month and if we are evicted we have nowhere to go.

If they would accept my offer I am sure we can now maintain the payments but they dont seem very cooperative.

Just looking for a bit of help and advice...

Today i received a phone call at work from my Mum telling me she and my Dad are being evicted on Tuesday...

I am so worried... i don't know what to do.

My Dad is unwell... registered disabled and has mental health problems.

My Mum has kept this from him, and me.

She is approx £8000 in arrears with Northern Rock. She also has a secured loan but has an arrangement to pay this. She has had an eviction suspended last year from this secured loan.

I am in total shock, did not know the extent of her difficulties. I need some advice on what action i can take... worried sick.

I am filling out a N244 form to take to the court tomorrow. I am willing to help her sort out all her debts and write to debtors on her behalf. I am also willing to help them financially.

Is it too late to submit an N244?

Any advice would be greatly appreciated!!!

we were served eviction back in Juy and paid a company £500 to stop this, it worked

we have since been paying NRAM part payments every week and that covered our monthy payments, we paid over the phone due both been self employed and NRAM been dirty and taking twice a month .

however on 2 occasions they have processed it later and it not leavng our account on time.

they stated we had had not kept condtions.and insisted we done additional income and expentedtures.and increased our payments.

we kept obliging and everyime my husband rang to make a payemnt new I&E where compleated .

in July the court agreed we pay our monthy of £425 and £75 of arrears

we are now jumping through hoops and paying £200 per week and they are ringing every day for futher money and insinuating we cut utility bills, food , and give them more

my husband is rOFSTED registered chilminder and needs our home to work and our daughter is 10 yrs

FEELING VERY STRESSED

We have a second eviction booked in for Friday and a court hearing two hours before !

This is a second eviction the first was suspended as we made a payment of just under £3000 and a payment arrangement however as it was double the arrears amount and my husband was unable to gain employment we defaulted again.

We are now in a position that he started a new job this week we have a budget worked out with cab have made cutbacks to be able to offer £447 towards arrears as well as our mortgage payment of £780

We also have accepted an offer on our house through an agent and the buyers want to complete in under five weeks

There is £80,000 equity in the property

We also have four children ageing from 3 months to 7

I'm so scared we are going to lose our home I filed a n244 form before contacting cab I did not know I could even apply to the court I have emailed the solis acting for our mortgage lender and they refused our offer to repay at £447 a month and a lump sum on the 6th dec. said all the money or nothing. Basically said your fault you agreed to high repayment and your only option is to be evicted.

I have filled in the n244 form and submitted evidence is there anyone I could send this to for a second opinion?

If be so grateful for any advice / thoughts

I owe £4k to Birmingham Midshires in arrears for my mortgage. A suspended possession order was taken out in January this year. I was working but in April the contract came to an end - my Father also became ill and 10 days later he passed away. I was not in right frame of mind through the summer months to find work etc. I told BM this and kept them involved as to what was happening.

I am now back at work - as soon as I told BM this they executed the SPA and evicition is meant to be happening next Wednesday 21st November. I have been dealing with their solicitors Drydens Fairfax. A few weeks ago (before they sent notice) I sent an income and expenditure form offering them the monthly payment plus £200 per month - this was rejected and was served with the eviction notice. Drydens said that they would stop the warrant if I paid £1254 in a lump sum - I just havent got that sort of money until I get paid with my first wages on 25 Nov.

I spoke to Bailiff at the court and she was very helpful - said that I should apply for an SPA because the mortgage company should have accepted my new offer and as I am working have a change of circumstances etc.

I applied with the N244 notice yesterday and have been giving a hearing date of 20 Nov at 10am - day before the eviction.

What are my chances do you think? Do you think the courts will be on my side? I am so scared. I have a 7 year old daughter and just dont know what to do if I lose the flat.

If it is denied - will I still be evicted on the 21st?

Any help or advice would be much appreciated.

I'm hoping you can help me please? I've been reading through various threads & have found it very useful but I need some guidance on my personal situation

I currently have my main mortgage with a building society & a secured 2nd loan (£35k) with First Plus , taken out 5 odd years ago.

I was made redundant in 2011 & claimed housing benefit for a period which contributed towards my payments. However I still got behind & about 18 months ago FP obtained a suspended possession order. I continued to make payments albeit in rather an ad hoc manner & by the beginning of 2013 I was up straight with it.

By March/ April this year my partner & me decided to set up our own construction business so I could come off the benefit system & we could "better ourselves" financially! I had always had a reasonable communication line with my building society & wrote to them to advise of our change in circumstances & to say payments would continue but they would be a little sporadic i.e because of our self employed status & unconventional income stream. The BS were "ok" with this

Because of the fact that FP contact had previously been via Eversheds I wrote to them with the same communication & asking for a status update on my account & they replied saying "their file was closed & no instructions held from their client to re-commence proceedings" . They said they would refer my letter to FP but when I heard nothing after about 3 weeks I wrote direct. FP replied saying my account was under review & that they would consider a repayment plan for the arrears. I wrote back with a proposal of paying half the arrears in one lump sum& half on top of my normal cms. Again no reply. The next letter I got was from Eversheds saying they had been instructed to enforce the order & were applying for an eviction date. The only way I could stop it was to pay full arrears straight away - which I couldn't do. So now I have a letter advising that a warrant of possession has been granted, to be enforced on 29th Oct!!

I tried one last phone call to Eversheds today saying how desperate I am to avoid it going to the full process & mentioned again about the lump sum proposal. They said that they would now put that forward to FP to consider but couldn't guarantee anything. I am to complete an I&E & email them today with details.

I've contacted CAB for advice & am waiting for a call back. Plus I've spoken to a company called "Revival Repossessions" who specialise in managing such cases through the court process for a fee (£300 approx) & they have said they would definitely be able to help me . I'm horribly confused & upset & don't know what to do now for the best.

Other queries/points to mention -

1) no PPI

2) I raised a query earlier in year about the amount paid by me versus level of arrears but it wasn't properly answered

3) confusion around whether my loan is CCA regulated or not (& whether that matters). I was sent a CCA default notice back in March but in FP only other letter received in August they said my loan is not CCA regulated.

4) are FP allowed to ignore customer contact & not be obliged to send statements or letters ? They say they are not obliged to do so

I need your help please - anything would be very gratefully received. Sorry if I've missed any info

I've just had notification of a second repo order on my house, after a many year fight. I won the last round with a walking possession order over me but still owned a house at the end of it. I did a 550 mile round trip in a day for that too. Phew.

Here is the background:

I moved someone in whilst I'm working away to afford the mortgage payments whilst I deal with the arrears repayments. They get paid on 10th of the month, leaving me around 10 days behind every month. I asked Hamilns Solicitors (Santander litigation dept) whether this was a problem as I could make it up in the interim somehow. They said it wasn't a problem at all as long as it comes around the 10th, agreement sorted.

Cut to last month. I phone up to see how I'm doing, apparently it has been returned to Santander as the arrears level has dropped low enough to be returned. Awesome! Only they did not mention the 10th of the month agreement to Santander. Instantly the 31st July came, computer says no, warrant kicks straight in, now I have a repossession order for 19th August!! Bunch of...

All this time I have complied, giving them my correspondence address and email, which they have had on file for 2 years plus. They sent the notification to my property up north, not to my correspondence address. They have done everything by email thus far, where I reply instantly…except this REALLY IMPORTANT bit. They didn't tell me any of this by email, nor pass any of this detail back to Santander. No phone call, nothing. I just got a random phone call from my very worried tenant.

Should I just tell the court all this and fight it, or am I likely to lose? can't find £1800 in 11 days - it's not possible unless you're a big bank like Santander. I've fought hammer and tooth for this for 5 years and am just getting somewhere with my debt clearance. Things are on the up apart from this. All my council tax arrears are gone after this month, leaving me better off still.

Any advice? Do I send out an N244 quick smart with all this on? Do you think a judge would give me the benefit of the doubt, seeing as its my second visit? I can't even afford to go up there and take time out from work - it might have to be a telephone hearing.

Muchos gracias

J

I have a really abusive tenant who is on a AST in my property.She is now over 4 months in arrears and is incredibly abusive when i try to chat to her to sort out her issues.

In the end Ive had enough and issued her with a section 8 notice.

I need some advice relating to how I need to proceed with court papers now.

Any help would hopefully put an end to all this stress this horrible person is causing my family.

MJack

Apologies if this is a common thread but Iv been reading for hours and coming up short and getting more and more confused as time goes on.

I have had some advice which was very honest but has left me even more confused because i have two options so I figured I have nothing to lose by asking! Naturally I would prefer comments where PEOPLE KNOW what they are talking about as I have had enough guesses!!

My situation is that I have a loan with GE Money which is a second charge secured loan which was originally £13,000 and is still £11,405 with about £7,000 arrears and only 1 year remaining.

I understand the loan to be covered under the Consumer Credit Act and I have been told that this gives me the option of applying for a time order, however I dont really know what this means and certainly dont know how to apply for one other than filling out an N440 application.

The reason I was directed towards a time order is that it apparently gives the Judge the power to grant more time to my loan as I only have about a year left and to clear the arrears over that period id very high.

My eviction however is in 2 weeks. Is it too late to apply for a time order, will it be considered or just rejected and the eviction enforced?

It was suggested that i apply an N244 application to get a suspended order to either agree to the ridiculous overpayment, or ask for time to sell, and then apply for the time order once the eviction is out the way.

I just dont know the validity of either approach or the liklehood of getting them through, time is running out, and I have to do something!!

Any well founded advice is very welcome!

My home has recently been taken off of me by acenden while I was out of the country for 7 weeks. unfortunately, unknown to me (because I never check my bank, and in the past 8 months I've hardly been in the country to open post) payments had not been made, whenever home i'd not seen any alarming looking post, ie from solicitors (I've had these letters before so would clock that straight away) so presumed everything was fine! and then i got a phone call from a friend who works with a lodger of mine, telling me he'd been woken up to locks being drilled and then told to get his stuff and leave within 30mins! after the initial shock, I got hold of the company now managing the property, who told me that it would be sold at market value etc, and i would receive any equity, as I was due to sell upon my return anyway, at this point I figured to let it go peacefully and hope for a fast sell!

Now the property is on the market, I'm thinking that I'm being screwed a bit, the amount is almost identical to the amount outstanding, and is less than 2 other properties in the same post code that both have 1 less bathroom and bedroom! where do I stand with this? the fact that I'd never received the letters for court as i was abroad didn't give me the chance to defend myself in court, at which point I would have been able to clear my arrears, surely for eviction (I know this to be true with tenants) there must be proof that the receiver has received such a letter! there are many other issues here, fees and charges for one, ppi miss sold, and the mortgage itself was a self cert and the company who'd arranged it (warrick finance) told me I had to tweak my income by 5k to get the self cert mortgage, which at the time was to stop a repossession order, at a time of panic, they offered a way out, but into a mortgage that has since been in trouble, as I could never afford ot to start with.............. surely this is irresponsible lending! I am now currently under a high level of stress due to the prospect of the debt from fees this is going to leave me in, and wonder where, if anywhere I stand to take action

I will first be sending a sar to acenden, warrick finance no longer trade, so I'm not sure how to get info from them,

I hope somebody can help, thankyou!

Ok so my mother recently declared herself bankrupt and handed the keys into the mortgage company as she could no longer afford it.

We left the house in good condition and the house is up for sale but since we handed in the keys the house has been broke into and the patio doors damaged now we are worried that my mother is going to have to pay more and more money as no doubt it'll get damaged worse untill its sold but we cant get into the house to keep an eye on it...

Am i right to worry , what can we do

The person (of African origin) was being persecuted, and was on the receiving end of racist accusations from his white neighbours as they did not want 'any of his kind' in the block....(Welcome to 2013 !)

All of his neighbours filled out bogus anti social behaviour diaries accusing him of having his tv on loud, having parties, yadda yadda....in order to hound him out of the block.

The housing association gave him an ASB diary also to log any hassle from his neighbours, although English isn't his first language.

The weight of many ASB diaries, versus his empty diary left the housing association no option but to issue him with a section 21 eviction notice....

I represented in court, and argued that since his first language wasn't English, he couldn't understand the Section 21, or the ASB diary, or more importantly he couldn't read his original tenancy agreement signed over a year ago...,this called into question the validity of the whole tenancy, and the housing association procedure of not ensuring that the tenant understood what he was signing in the first place !

Case was adjourned, and within 24 hours of adjournment the housing association sent him a letter withdrawing the Section 21 on the grounds that the housing association had failed to follow its own anti social behaviour policy !

They then proceeded to give him a new 12 month assure tenancy agreement written exclusively in Lingala (his native language)

I guess this argument would also work for poor reading ability, learning difficulties, dyslexia ,etc

Earlier this afternoon i also got him out of paying bedroom tax by arguing that his 'box room' hadn't got a window, and as such it was not only a fire hazard (no egress), but also in breach of landlord minimum requirements for a habitable bedroom for rental purposes. The HA agreed, and re-designated the 2 bed into a 1 bed !

The local authority had no choice but to accept it as it formed part of his re-designated tenancy agreement.

I hope this stuff helps others out there

Regards

Prouty99

I gave all my bank details to Miss Broddley of Wilkin & Chapman over the phone so that they could take the payments out of my account, I would like to add that she was the most rude & un helpfull person I have ever dealt with & continued to be so in the future.

At this point although the monthly amount was too high for us to easily achieve I let it go as we still had our house & we tried to carry on with life.

Then 5 months later we received a notice of eviction from Medway County Court where I contacted Miss Broddley imediately to be told we had not made any payments so they would be taking the house. I explained that I had given her all my bank details so that she could take the payments monthly from my Debit card as they were unable to carry out standing order payments (for some reason). She rudely explained that I had not given them written permission to do this so they didn't take the payments out. The only way I could stop the repossession was to pay £1200.00 straight away (of which I have a receipt for) I explained it would take a while to find this money to which Miss Broddley answered borrow it from family or get a loan if you wish to keep your house.

My mother who at the time was 84 years old kindly paid the sum for me to allow us to keep the house to which we received a letter from Wilkin & Chapman which is attached.

I then to stop this from happening again spoke to Miss Broddley gave her the bank details again & at her request sent her an e mail giving them permission to take the monthly payments. which i still have copy of.

Again I thought this was now all settled but 10 days ago received another order for repossession from Medway Courts for the 14th of this month. So here we go again so this is why I/we need your help.

I do understand that I should have noticed that the payments were not being taken for the last 3 years but like most people with a family all my bills are on direct debit for the 1st of each month & after that however little is left is what we can live on. My question is why has it taken them so long this time to try & repossess again & why have I had no correspndance from them in all this time untill the Court Order once again.

The original debt is from HFC I believe for a small loan when we lived in Croydon some 10 years ago so why is it on this property in Kent & why is my wife on it as to my knowledge she was not on the original loan. which the loan should of be redeemed when the property was sold.

The added pressure I have at the present is that I am signed of work & have been for the last 7 weeks & am likely to be for quite a while yet. I am now only receiving SSP from my firm which does not help us at all & I am currently undergoing tests at Medway Hospital endocrinology dept as they have found my Kidneys are not removing any vitamins from food & that I have enlarged red blood cells all of which is making me somewhat un well.

I do not need to add that both my wife & I are extremely stressed out with all that is going on & we really do need your help to resolve this matter.

Yours gratefully

Mark Neake

Now we managed to get benefits in place as so the mortgage can be paid however in August this year we had some benefits stopped for a period of 9 weeks due to a change in circumstances these benefits have since been restored, however as a result of 2 months missed payments capstone have restored the court action and a hearing is set for the 17th November 2010. We are now making payments to cover the full cost of the mortgage plus an extra £80.00 per month my question is what do we do now? obvisiosly we have to enter a defence to the court before the 17th but what do you put in it as we dont have the original response pack as this was sent to us last year.

One thing I will add is capstone did offer to recapitalise the arrears but have since gone back on their word due to these missing two payments however they have been draging their feet over this for nearly 6 months now which seems very excessive and unfair and almost seems they were purposely dragging their feet in the hope we would mess things up.

The arrears balance does include loads of £115 litigation charges which I feel is very unfair and my understanding is they are not allowed to do this, we have registered a complaint with the FOS regarding the charges and and the unfair way capstone have treated us respect of their snotty attitude when trying to deal with them on the telephone, never returning our phone calls when we have asked for a call back when the persons we wish to speak with are not available, this issue of them dragging their feet with regard to recapitalisation which they promised they would do then lied, their extreme level of charges which have been included in the arrears balance. We have sent a copy of the complaint to capstone also , the FOS said they would look at our complaint in detail if capstone didn't resolve the matter.

My problem is what to do now regarding the hearing as im not sure what is required of me and what paperwork to send to the court, if someone could help it would be most helpful.

I was a arrear a few years ago but my mortgage arrears was cleared last year and kept up to date. I set up a new standing order on my account and went on holiday only to find the Standing was not set up by my bank so 2 months payments missed and the lender have activated the suspended order as unable to contact me as on holiday in Australia for 8 weeks and have instructed a bailiff warrant. Now this was stopped when I immediately called the lender on my return and cleared the arrears, but I am astonished they can do this so quickly and need help in getting this order removed, which I thought became invalid when the arears were cleared.

I believe a N244 application needs to be made, but can the lender stop this from being removed if the account is up to date, as they say they are not prepared to release me from this until the mortgage has been kept up to date for 6 to 12 months, is this true?

Arrears stand at approximately £2,700, all payments made in full, next payment due December 28th.

They have refused to withdraw Eviction Notice and I now have to go to Court again.

Frankly I am sick with worry. I am worried for my animals and the fact I have no-one with whom I could live if I have to leave my home on 21st.

Is the judge likely to be sympathetic given that the arrears are reducing by £88 per month? The value of the house is about £170,000, the mortgage £111,000 and I am paying 8% per annum, the rate having gone up during the time that base rate has been 0.5%.

My only option in the time seems to be the sale and rent back but I fear that could ruin my finances for the rest of my life. I cannot pay the arrears all at once but can continue to pay the monthly payment plus arrears, albeit not always on the day, but certainly within a few days...........and I have always written and explained the delays.

Please help. I am at my wits end and simply have nowhere to turn as I have no family to lend me the money and fear that the judge will find against me, even though in truth I have done little wrong. I am not worried for myself but fear so much for my beloved pets.

Thanks.

Arrears stand at approximately £2,700, all payments made in full, next payment due December 28th.

They have refused to withdraw Eviction Notice and I now have to go to Court again.

Frankly I am sick with worry. I am worried for my animals and the fact I have no-one with whom I could live if I have to leave my home on 21st.

Is the judge likely to be sympathetic given that the arrears are reducing by £88 per month? The value of the house is about £170,000, the mortgage £111,000 and I am paying 8% per annum, the rate having gone up during the time that base rate has been 0.5%.

My only option in the time seems to be the sale and rent back but I fear that could ruin my finances for the rest of my life. I cannot pay the arrears all at once but can continue to pay the monthly payment plus arrears, albeit not always on the day, but certainly within a few days...........and I have always written and explained the delays.

Please help. I am at my wits end and simply have nowhere to turn as I have no family to lend me the money and fear that the judge will find against me, even though in truth I have done little wrong. I am not worried for myself but fear so much for my beloved pets.

Thanks.

im in debt on m mortgage and my loan mortgage arrears 3k and the same with my loan company. I made my last payment to BM around jan for 500 pounds. Since then i lost my job and the doctor suspects i have a slipped disk in my back.

I have not made any payments on my loan and since i thought i would get into more trouble and need to take drastic action decided to rent my house out(tenants move in this sat) spoke to BM and they say i have breach terms and conditions of the mortgage by renting it out. i told them as im on JSA and getting back to work does not look like its going to happen anytime soon. The only option i have is to rent it out. If they reposes they wont get full value of the house which wont cover the mortgage. They will then chase me for the remainder and i wont be able to pay them and will have to go bankrupt.

I have offered to pay 100 pound this month then they can take the rent as repayment for the mortage + i have a 6 onth rent gauarantee in place as well. BM said they not intreasted as im in breach of the mortgage contract.

so any ideas what i do next?

Is it advisable to wait till Wednesday before filing an N224 or should I go ahead notwithstanding?

I work as a self-employed IT contractor and am currently in a contract. Arrears built up over the years during time that I didn't have work but I have been working since mid-last year. I missed November, December, January due to travel to attend to family health problems abroad. My mum only last week had a major cancer operation and is currently staying in my house. Joint mortgage but wife has been out of the country on personal reasons for a while but is due back in a couple of months. I was about to pay my January payment when letter arrived and I still have it on me.

I am considering filing N224 and offer to pay more towards my arrears since wife is coming back and should get work to assist.

Any help wolud be appreciated.

I’m seeking advice on a mortgage company, I’m asking on behalf of a friend who no longer has internet, (due to this company). They got a mortgage with these clowns in 2006, and ever since, have been robbing Peter to pay Paul. They have been getting deeper into debt, just trying to service their mortgage. Arrears all started when a payment was missed by 3 days, (I’ve seen the statement). Now, they have arrears of 20K.

Having said that, they have paid their mortgage on time for the last year, only to see the arrears keep rising.

Looking at the arrears,

£2500 arrears management fees

£3000 additional interest, (on arrears)

£3000 in legal fees

They were even charged £1000 for insurance on their account.

Anyway, in total the fees were around £12K. This actually means that they are 8K in arrears, BUT, to my knowledge this is the first time that they have seen their account fees, so they believed that were paying correctly.

They currently have a suspended possession order on their property. When they last went to court, the Judge told them to go away and make a case against these charges, and that he would see them again in four months, (so all okay for now).

They now know what their charges are, so...........

Could they argue that the possession order should be cancelled if they can pay the arrears but not the charges. It’s because of the charges that they’re in the mess they’re in. They also were asking me about the compensation side of things, (distress, costs,etc), but I’ve etold them “one step at a time”

I suppose the goal here is to get the possession order cancelled and that they continue to pay their mortgage on time as they are doing. I really just need them to get the best advice.