Please help - IVA Approved but mortgage company applied for Court Order

Daisy4567

Oh and one last thing...I did my Income and Expenditure with them over the phone, exactly how Grant Thornton have done and their systems worked out we have over £340 surplus!! I wish we did, their systems have somehow, and I don't know how, worked it out wrong and even though she did the calculation herself and realised this she still went by what the system said!!! Am gobsmacked?

When did people's brain's get turned off????

Charco_2

Well, don't worry too much about that for now.

Where is the court hearing? You can, I believe, apply to have this close to your home courts if needs be - not ideal but if they insist then you might not be able avoid court. If it goes as far as court and you can show that you are being pro-active about solving the situation, the judge is more likely to take a dim view of NR than of you! He'll likely be on your side and you'll not lose out, you'll just have to waste a day/morning/hour in court!

Daisy4567

Not sure where the Court Hearing is yet Charco as they haven't actually applied for the Court Order yet !! Grrrr...

So they could stop it knowing about the IVA - can't help wondering if Grant Thornton had indeed sent paperwork it wouldn't have got this far? I don't know - maybe it's just one Department not talking to the other.

Another disturbed nights sleep for me, I am exhausted

Charco_2

That's no good, you gotta get your sleep!

Honestly, you'll sort this out. Pay attention to your signature, breathe, and don't let this affect your health. It's a small blip!

minimooh

Hi Daisy

I was in a similar situation where the building society took us to court. When I contacted them before the hearing I was told that the last thing they wanted to do was to reposess the house, but I would need to go to court. At the court a duty advisor sat down with me and worked out a repayment plan for the arrears and put them forward to the building societies solicitor, which was then rejected. I was devestated especially after they told me on the phone they didn't really want to reposess the house! We then went into court and the duty advisor put our proposal to the judge and she said that she would rule that the reposession order was suspended as long as we would keep up the payments according to the arrangement.
Please don't give up hope and make sure you'll have somebody there to represent you! Most courts have duty advisors on the day, but it might be worth contacting the court as soon as you know where it its to see if they have advisors there.
Good luck!

Daisy4567

Charco wrote: »

Honestly, you'll sort this out. Pay attention to your signature, breathe

Point taken, lol - thanks

Daisy4567

minimooh wrote: »

Hi Daisy

I was in a similar situation where the building society took us to court. When I contacted them before the hearing I was told that the last thing they wanted to do was to reposess the house, but I would need to go to court. At the court a duty advisor sat down with me and worked out a repayment plan for the arrears and put them forward to the building societies solicitor, which was then rejected. I was devestated especially after they told me on the phone they didn't really want to reposess the house! We then went into court and the duty advisor put our proposal to the judge and she said that she would rule that the reposession order was suspended as long as we would keep up the payments according to the arrangement.
Please don't give up hope and make sure you'll have somebody there to represent you! Most courts have duty advisors on the day, but it might be worth contacting the court as soon as you know where it its to see if they have advisors there.
Good luck!

Ok, even more worried now as the NR said similar

Charco_2

A suspended possession order is likely as I had indicated above.

A Possession Order requires you to vacate the house after 28 days handing it back to your secured creditors.

A Suspended Possession Order allows you to put a last gasp deal in place that if you dont stick to your creditors can force you to leave the house after 28 days without having to go back to court.

You have set up an IVA now and organised your finances. Bring the IVA to the courts with you, it will show your I&E and how much you can afford and how much you intend to repay each month - hopefully this does include the £40 per month to go towards the arrears (who decided that figure?)

The judge will decide if this is a reasonable figure and if it should be accepted. If it is accepted then you must stick to it. If anything goes wrong, the first bills you must pay are your mortgage and secured loans, the IVA repayments can wait... if you mess up the mortgage repayments they will try to take your house!

FavDaughter1

Dear Daisy, i was so sorry to read this thread, big hug.

Charco you are a star,people like us really need you're calm,sensible advice& experience.

all is not lost Daisy,don't give up hope. i understand only too well how worn out you must be both physically & mentally.

any judge you appear in front of with see how hard you are trying to sort things out, cling on to that! what a good job you did the IVA when you did! it may well give you protection,it shows how committed you are to getting straight.

God bless x

Daisy4567

Charco wrote: »

You have set up an IVA now and organised your finances. Bring the IVA to the courts with you, it will show your I&E and how much you can afford and how much you intend to repay each month - hopefully this does include the £40 per month to go towards the arrears (who decided that figure?)

We did, it's what we were paying before the IVA and so the IP just took it and went with it.

The judge will decide if this is a reasonable figure and if it should be accepted.

The Northern Rock told me the judge would only be going for the standard monthly payment without any arrears??

I didn't think this could possibly be right but I just don't know what to think. NR said if I committed to £40.00 a month extra and then couldn't stick to it due to changed circumstances then we'd be up the swanny without a paddle, as it were.

NR said they'd only be looking for the mortgage portion of £179.00 (there is a charging order payment for the then unsecured portion on top of this but they said this is what the judge would concern themselves with) Is this right? NR said it would be up to me to come to an arrangement post order with NR - not the judge?

It seems senseless fluff to me ??? Which then also makes me worry that this about not enforcing the court order unless we default is fluff too