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  • FIRST POST
    • Nervous423
    • By Nervous423 4th Jul 17, 3:16 PM
    • 2Posts
    • 0Thanks
    Nervous423
    At rock bottom with my mortgage
    • #1
    • 4th Jul 17, 3:16 PM
    At rock bottom with my mortgage 4th Jul 17 at 3:16 PM
    Hi all,
    I'll keep it brief for now & try to keep the details in a nutshell until more is required.
    Back in May 2011 I started to get behind with my mortgage payments & was passed from Santander over the Eversheds (Solicitors) to handle my debt.
    After various job changes, court hearings, suspended orders etc over the following 6 years.
    The debt is still there (currently £13k).
    I have been changed jobs a few times in the 6 years & subsequently I've now landed a job i've been after for a long time. I started 2 weeks ago.
    On Friday, I received a letter from Eversheds/Local Court which is a "Request for a warrant of possession of land following a suspended order of possession"

    It details all the court appearances etc & the final line states "The claimant requests that the court grants the claimant permission to enforce the court order to allow to issue a warrant of possession to seek an eviction date at the earliest opportunity"

    The letter had a cover letter from the court which is a notice of hearing by district judge on 12th July.
    I will be attending but am at rock bottom as I think this will go really badly.
    I have two children, one starting college in 3 weeks & the other about to start her GCSE years in September.
    The local council advise they have no housing available
    Both my wife & I work full time & are bringing in enough to cover the mortgage payments now.

    I am worrying about the situation every minute of the day, I need help but the CAB is only open when I'm working.
    Look forward to your advice.

    Steve.
Page 1
    • EssexHebridean
    • By EssexHebridean 4th Jul 17, 4:16 PM
    • 7,778 Posts
    • 40,284 Thanks
    EssexHebridean
    • #2
    • 4th Jul 17, 4:16 PM
    • #2
    • 4th Jul 17, 4:16 PM
    First off try not to panic and well done on facing things and coming here for advice. Congratulations on your new job too.

    You say you're bringing in enough to cover the mortgage payments - are you paying the contractual amount each month? how long have you been doing that for?

    Have you made any arrangement with them for repaying the outstanding amount?
    MORTGAGE FREE 30/09/2016
    Sainsbugs 0% card: 22/12/16 £1229.00/£504.92 (29/08/17)
    • Nervous423
    • By Nervous423 4th Jul 17, 5:11 PM
    • 2 Posts
    • 0 Thanks
    Nervous423
    • #3
    • 4th Jul 17, 5:11 PM
    • #3
    • 4th Jul 17, 5:11 PM
    Hi there,
    Up until end of Apr I was doing well payments & arrangement solid, in fact I was paying about £20 too much.
    2017's payments have been like this:
    Jan 17 - amount due £1033 + 55 toward arrears, paid £1100
    Feb 17 - amount due £1035 + 55 toward arrears, paid £1100
    Mar 17 - amount due £1034 + 55 toward arrears, paid £1100
    Apr 17 - amount due £1034 + 55 toward arrears, paid £1100
    May 17 - amount due £1034 + 55 toward arrears, paid 0
    June 17 - amount due £1034 + 55 toward arrears, paid £721

    May is when I moved between a couple of jobs, & have now started mid June with the job I love. Pay is weekly, however between my wife & I, we have enough for the mortgage payments, my problems are with getting back on track once again & timing.

    In the eyes of the district judge, he is going to be sick of false promises.
    Is there anyway I can turn this around ?
    The wording on the application seems different to what has been in the past or is that due to it being over 6 years old ?

    Help appreciated.
    • freshcotton
    • By freshcotton 4th Jul 17, 10:13 PM
    • 222 Posts
    • 565 Thanks
    freshcotton
    • #4
    • 4th Jul 17, 10:13 PM
    • #4
    • 4th Jul 17, 10:13 PM
    You should try and see CAB if you can or call the charity Shelter. As you have children, you are priority need so the council are likely to be obliged to house you straight away if the worse should happen.

    Is your house in negative equity?

    As you say, attend the hearing and the judge will actually try and help you understand what is happening.
    Mortgage Start - August 2013 £145,000 ************ Balance at April 2017 - £59,000

    Target - Overpay by £2,500 each month ************** Mortgage free by December 2018!
    • sourcrates
    • By sourcrates 4th Jul 17, 11:50 PM
    • 11,954 Posts
    • 11,444 Thanks
    sourcrates
    • #5
    • 4th Jul 17, 11:50 PM
    • #5
    • 4th Jul 17, 11:50 PM
    Maybe post on Legal Beagles for more specific advice :

    http://legalbeagles.info/about-lb/
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • beanielou
    • By beanielou 5th Jul 17, 8:09 PM
    • 47,244 Posts
    • 169,869 Thanks
    beanielou
    • #6
    • 5th Jul 17, 8:09 PM
    • #6
    • 5th Jul 17, 8:09 PM
    When you missed the payment earlier in the year did you keep in touch with your lender?
    I think at this stage in the process that is really important.
    CAn you maybe get a letter from your new employer comfirming your pay so you can take it to the court?
    It really is in your best interest to go to CAB or get in touch with shelter as soon as you can.
    Lou~ Debt free Wanabe No 55 DF 03/03/14.
    **Credit card debt free 30/06/10~** **Weight loss 2 stone 2 lbs **

    "A large income is the best recipe for happiness I ever heard of" Jane Austen in Mansfield Park.
    ***Fall down seven times,stand up eight*** ~~Japanese proverb.
    It starts with you, it starts from now. *** It is ok to be me.*** ***Keep plodding***
    • Agentmomo
    • By Agentmomo 7th Jul 17, 8:10 PM
    • 30 Posts
    • 131 Thanks
    Agentmomo
    • #7
    • 7th Jul 17, 8:10 PM
    • #7
    • 7th Jul 17, 8:10 PM
    To quote Essex Hebridean, firstly well done for posting and facing this.
    All is not lost, even at this late stage, I know because i was in the same position as you c 5 years ago, exact same letter came to me....
    So what to do:
    You have a court date, you absolutely must attend this!
    Before this date you need to have a clear plan on how you propose to repay the arrears.
    I know this has happened now, however just be really clear, overpaying your your proposed repayments is great but then completely missing a month of full repayments is a HUGE no no. I just hope that your lender knew in advance that you would miss this payment.
    Remember from your debtors perspective that this is the last resort. They do not want it to get to this stage as much as you don't.
    Any other debts you have, get onto step change, propose a £ per week to repay. You absolutely must prioritise this mortgage debt. No more 0 payments.
    Have your facts and figures right and prepared when you go to court;
    Do you have any family or friends that can help you reduce this quickly?
    Those that are willing to accept a repayment from you at a later date?
    Be in no doubt that Eversheds are going to want a repayment on all arrears at the point of going to court.
    However a sensible judge will be open to a reasonable offer to repay, make sure that this is within your means and you are prioritising this debt.
    I sincerely wish you all the best.
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