Have I broken the court order?

JenJen70

I have a suspended repossession order on my home (fell into arrears during breakdown of marriage) and was ordered by the courts to pay an extra £50p/m towards the arrears on top of my mortgage payment - this I have been doing for several months now.

I phoned today to make my monthly payment (no longer pay by DD incase DH lets me down with the maintenance & I don't have the funds available) & the guy I spoke to told me I had broken my payment arrangement as I hadn't paid for November.

I told him Novembers payment had been paid early on the 28th October and as far as I was concerned I was up to date with all payments since the court hearing.

He disagreed, as no payment had actually been made in the month of November then as far as NRAM are concerned I have broken the payment arrangement!!!

Does anyone know if this is correct? If so will I have to go back to court? Am I likely to lose my home because of this?

pararct

What payment period does the order stipulate? 4 Weeks or Monthly for example!

Did you make two payments in October? If so what was the dates between them?

JenJen70

I'd have to dig the court order out to check as I have no idea, I just recall being told in court to make my first payment on the 1st June.

The payments in October were made on 1st & 28th.

Wh05apk

Without seeing the full details, it's difficult to say, but if you had made Novembers payment a few days early in October, I can't see it being a problem, I can't see how the lender could object in this case.

pararct

Did they take your December payment? If so I doubt you have anything to worry about. To pursue it they would have to convince a court you have actually deviated from the agreement and missed a payment. Whilst a little deviation may have taken place this has not placed the lender at a disadvantage.

If they didn't take your December payment try again tomorrow morning. You will probably get a different telephone drone, simply tell them Novembers Payment was made on October 28th and Octobers on October 1st. If they less you about ask for their supervisor.

JenJen70

Yes they took Decembers payment from me and said I may receive a letter regarding breaking the arrangement.

Honestly nothing is ever simple and I'm stressed to flaming death again!

Thanks for your advice.

DVardysShadow

JenJen70 wrote: »

Yes they took Decembers payment from me and said I may receive a letter regarding breaking the arrangement.

Honestly nothing is ever simple and I'm stressed to flaming death again!

Thanks for your advice.

Just write a letter and tell them what happened and not to be so bloody stupid. If they want to take this further, they will have to take the matter to court. And if you can keep yourself together to write a coherent explanation, they are going to look more stoopid than ever.