mortgage arrears

snookey

Well I sent my mortgage company our income and expenditure form and an offer of payment off our arrears. They wrote back and said no to the hundred and fifty pounds extra on top of our mortgage. Reason being they think we have four hundred plus spare.
We are on benefits as both disabled so its not as if we have a massive income. They are going to court for a judge to order a payment plan.
on top of this a letter from their lawyers came saying that they are taking legal action if we dont pay in full or contact our lender in seven days.
I would not mind but I spoke to one of their staff at the mortgage as a five hundred pound check from a benevolant fund had been sent but could not be cashed. The cash line had not been filled in properly. Anyway they had contacted us to ask about sending it back. In that conversation I had the clerk asked me about payment and arrears and I explained that I was waiting for the reply regarding our offer of payment. He did not know about this or the fact income support pays the interest. He started getting a little stroppy until I mentioned that the forms were sent back recorded delivery.
He failed to mention anything about the offer of payment not being acepted and just said he looked forward to our payment on the 28th of the month. This being despite looking the case up on his computer.
I dont want to get in a position of being forced into a payment we can not afford and think that they are being really unfair. By my calculations it would take less than ten months to pay the arrears off . They are getting six hundred and fifty pounds which includes the cheque this month alone.
Any suggestions on what I can do.Anyone been through this.

~Beanie~

Why do they think that you have £400+ spare if you have sent them your income and expenditure?

snookey

Im going to phone them on Monday as they have not explained where this magic money is,lol. They said on the letter that back in September a agreement was made by my partner and we had the funds then. My partner agreed to pay them an amount he could not stick to as it was all of his income. Anyway he got into a mess.
Id explained to the bank that things had been difficult due to my mental illness and he had had to do everything alone. I also explained that now I was able I would sort out our payments, hence , this new payment plan. It seems they are not taking this into account.
Ill phone them on Monday and ask for a breakdown of where they think this money is.
One other question but is dla taken into account when they look at our income. i have included this as its used to pay bills so that wont be spare and without this going towards general living expenses we would be in deficit.
Hope you can understand my ramblings.

dancingfairy

Snookey - have you done a budget showing them clearly what you can and can't afford to pay? I think you really need to get some help on this one. Get in contact with Shelter urgently. Speak to them about getting representation at the court hearing.
Have you had any help from any of the debt charities with doing the budget out?
Keep a copy of every time you speak to them on the phone - in case you need it.
I am sure you will be fine when you can present your case before the judge as 10month to pay off arrears does not sound unreasonable to me but definitely get some help from Shelter.
Best of Luck
df