Court on Thursday please advise

ToffeeApple_3

My mortgage was £850 a month over 15 years, i paid this amount into the bank each month, i had an overdraft of £17,000 on this account, i should say they are both with the same bank
about 2 years ago i got a letter from the bank to say i was 3 months behind with mortgage, as i had been paying each month i was confused so rang them up to see what was going on, i should say i had around this time lost my job so was not using the bank account as i had in the past, i was just using it to pay in money for mortgage payments, anyway they said they had not forwarded my payment to morgage account but instead had paid them off my overdraft, i asked what would happen with future payments and i was told any payments i made would come off the overdraft, within days they called in the overdraft,
The amount outstanding on mortgage was £78,000 + £17,000 or there abouts on overdraft, i tried to explain i had no job so at the time i had no chance of paying overdraft , arrears on mortgage and also keep paying £850 a month and so made them an offer of £500 a month by letter, they say letter never arrived, this happened again several times over next few months, i have since kept recorded delivery slips for letters sent only one of which they say they got, i spoke on the phone to them to say i could afford to pay £500 a month to be told they would accept no less than £2,000
during this time i went to see a finacial advisor about remortgage elsewhere, but this has been complicated by my living at a business address, he said he may be able to help if i can get change of use to residential, i told the bank this and also that the most i could raise would be £90,000 this they accepted,
I have filled in the change of use which means full planning permission and takes time, the bank have now taken me to court for possesion of the property which is this Thursday coming,
The first i knew of this was last Monday 12th when i got a letter from the banks solicitor, it said in the letter to phone them to try to come to an arrangement or make an offer,
this i did, i phoned and said i would like to offer £500 a month to be told this was not possible and the only offer they would now accept was the full £90,000
So the question i would like to ask is what do you think will happen in court? i have never been in a court and am terrified, i dont know how things work, what im supposed to do or what will happen
All i can do is offer to pay the £500 a month which is same as i have said all along
Thank you for any advice

ToffeeApple_3

Can i ask again for any thoughts on this please
I have never been in court and terrified at what is going to happen, do you think i have any chance of my £500 a month offer being accepted or do you think they will be wanting the £850 i was originaly paying + something off arrears
Do you think i have any chance of keeping my home?
I just dont know what they will be expecting

beecher2

http://england.shelter.org.uk/get_advice/repossession

gives loads of information, including some on what will happen in court

http://england.shelter.org.uk/get_advice/repossession/going_to_court/what_happens_in_court

Contact Shelter's dedicated homeowner helpline on 0300 3300 515 now

Dan_1976

When you get there the rep of your lender will try and talk to you and sort this out before you go in. This is normal, dont be to defensive but dont be a door mat!

The court will be looking for a payment that will pay off the mortgage and the arreas within the terms of the loan.

You will be shocked at how relaxed it is and how nobody will judge you.

In most cases you will be given a suspended possession order. Best thing is to go along and tell the truth, what will happen will happen. They will expect you to not pay credit cards and non essential bills and pay the mortgage first.

Good luck

ToffeeApple_3

Thank you so much for your replies, i have spoken to Shelter as advised above, i do feel a bit doomed, the most i can pay at the moment is 500 a month but shelter think they will accept no less than the 850 + approx 80 for arrears, this would not be managable as things stand, do you think this is the case? my health was the reason for being unable to work, but it is improving and i would hope to go back to work within 12 months. And then i would love to pay more.

i have also been talking to a financial adviser who says an option i have would be sell to rent - unsure about this tho as the rent may work out too much also.

Dan_1976

Not sure about sell to rent. Did you send in the forms and a letter to the court when you got the summons?

I would say its not going to be easy, you can only try and explain and see what happens.

ToffeeApple_3

I didnt know i had to send the forms off, i have them here to take with me, i also have a letter from financial adviser and recorded delivery slips for letters i have been sending when the bank said i hadnt, as well i have written a letter of things as they happened.