NRAM - not behind on payments - NRAM seeking possession

ValHaller

Dave_the_Ginger_Cat wrote: »

I'm not sure I agree.

Most mortgage terms and conditions require the payment to have been recieved by the stated due date - when it was sent is not relevant. And the terms and conditions carry even when a judgment is made.

Technically this is a default, and per the law, they'd be entitled to enforce. In my experience judges will look more favouorably on cases where borrowers are trying hard.

OP - whatever the outcome today, I'd encourage you to stay in communication with your lender, especially if there is a risk that you won't be able to comply with the terms of any order

Were I the lender (I'm another), I would not enforce this, but would monitor very closely, and were I the judge I would award a further suspended possession order.

But the stated due date is the date explicit or implicit in the judgement, which is by month.. I am taking OP at face value here that the problem is NRAM's perverse system definition for end of month. I would agree that it would be wise for OP to move the payment date forwards - although if OP is paid close to the end of the month, then there will be an extra £1100 to find from nowhere.

rjedwards

Just to update everyone that took the time to reply.
I went to court yesterday and the solicitor for NRAM informed me they had £150 per month arrears showing as due - Our letter (which was at home) showed £100 per month but I couldnt show this. We were never informed that this was what they were taking us to court for. We saw the judge, the solicitor explained there may be a discrepancy in what they had written down and what I had and the judge decided the arrears are now to be paid at £150 per month and agreed I could do so.
When I got home, I found the £100 arrears agreement letter which I will be forwarding to NRAM but as the judge has now made the ruling I will be paying £150 per month.
Lets hope this is the last time I go to court.
Thanks again