House Reposession - urgent help please.

doingitall

Letter arrived this morning from local court that as we did not attend a hearing and we must leave our house in 3 weeks.

We struggled paying the mortgage a few months ago. Got 4 months behind due to tax credits not paying and partner not earning much. We spoke to Northern Rock, paid of some of the arrears and after cutting out a lot of things our budget balanced. Thinks were ok.

Partner works for himself. Small limited company. Found out a few weeks back that HMRC had frozen all his bank accounts. Inland revenue left us with not a penny.

Have know found out that the mortgage was not paid from partner accounts either. Partner says that their was £4 k in then which was the mortgage payments not paid.

What the hell do I do now. 3 weeks to leave and do what?

Partner has now changed his job to a PAYE one and earning slightly more than before. We can afford the mortgage.

Sorry this is long I can't stop shaking and just don't know where to turn.

rizla_king

Talk to shelter. If circumstances have changed meaning that you might be able to pay off arrears then I think you might still be able to apply to the court again to suspend repossession?

doingitall

Thanks.

I have just spoken to Shelter and they were brilliant. They are getting someone else to ring me back to give further help - some kind of legal company.


Feel very out of my depth with this.

rizla_king

Most people do with this sort of thing. Which is why places like shelter exist. Glad you are getting some help.

FredWhispers

Sounds tough, but better to leave now than struggle for years getting even further behind with monthly repayments and the inevitable interest/fees etc .

House sold = Fresh start.

doingitall

It is tough and we have worked hard to reorganize our budget and cut out anything not essential.

Our income is now more than it was when we took out the mortgage 8 years ago and we can afford the payments now if we are given the chance. I did think of selling but since the house is in negative equity we would owe the bank in the region of £10k shortfall.

And there where would will live? It is a 2 bed terrace for 4 of us. If we could get a rental with bad credit rating the rent would be more than current mortgage payments and arrears payment.

Would selling the house leaving us with more debt and taking on rent payments more than our mortgage really be a fresh start?

doingitall

So Shelter put me in touch with Civil Legal Services and have just spoken to them on the phone.

They advised me to:
Phone mortgage company to arrange arrears payment plan.
Pay mortgage as normal next week. (have the money to pay this)

Was told when the date comes that I have to leave the house, to stay put and wait for bailiff warrant to arrive.

Then apply to court to stay in house. The court should look on this favorably because we have no where else to go, have children, can pay the mortgage, arrears and bills, partner has job earning slightly more money, we have lump sum of money our way soon which means arrears not paid off can be paid in lump sum.

But the court could still decide we are out.

I have look at rentals this afternoon. Can't afford one, rent alot
month a more than mortgage but would but loads of costs to moving which we haven't got as a lump sum. Rang the council and was told to ring the housing people back when we are actually on the street. Not helpful.

The stress of this is awful. Has anybody else been through this?

poppellerant

Are you paying the mortgage and have the arrears been cleared? The courts may be more sympathetic if you have cleared the arrears and are overpaying the mortgage - to me these would appear as good signs.

Depth_Charge

doingitall wrote: »

So Shelter put me in touch with Civil Legal Services and have just spoken to them on the phone.

They advised me to:
Phone mortgage company to arrange arrears payment plan.
Pay mortgage as normal next week. (have the money to pay this)

Was told when the date comes that I have to leave the house, to stay put and wait for bailiff warrant to arrive.

Then apply to court to stay in house. The court should look on this favorably because we have no where else to go, have children, can pay the mortgage, arrears and bills, partner has job earning slightly more money, we have lump sum of money our way soon which means arrears not paid off can be paid in lump sum.

But the court could still decide we are out.

I have look at rentals this afternoon. Can't afford one, rent alot
month a more than mortgage but would but loads of costs to moving which we haven't got as a lump sum. Rang the council and was told to ring the housing people back when we are actually on the street. Not helpful.

The stress of this is awful. Has anybody else been through this?

Hi

From what you have put so far it sounds like you are far from losing your home.

As I am sure Shelter have told you a N244 form eventually may need submitting to court to obtain a hearing to suspend the warrant of eviction if you cannot reach an agreement with your lender or even if you do.

Make sure you fully understand the procedure for agreeing terms where suspending any eviction warrant is concerned, get confirmation in writing and never take chances or anything for granted with your lender. Check with the court if necessary.

You will need to make your payment proposals clear and likely need a Financial Statement as a back up to your proposals to your lender and court if necessary.

By making normal mortgage payments plus an amount to clear the arrears before and up to any actual hearing will most definitely help as you. The fact that you have taken advice will also go in your favour. Do not be afraid of any court hearings, what is important is that you get your proposals in order showing that they are sound.

Have you a local advice agency to help you with the proposals and court hearing, check out whether your local court has a Duty Solicitor Scheme.

Just a thought, have you a straight mortgage with Northern Rock or is it by any chance a together mortgage - it is important that you understand your mortgage agreement.

I am only going on the limited information you have provided.

Is there any chance of you putting up your SOA as this could make it easier for people to give you further guidance.

CAB guide below on mortgage arrears & possession etc that should help some? Read this carefully there is plenty of information and help in there for the all to familiar circumstances such as yours.

http://mymoney.nedcab.org.uk/moneyadvice/mortgagearrears.asp

There may also be the option of the Mortgage Rescue Scheme as a last resort

http://mymoney.nedcab.org.uk/moneyadvice/mortgagerescuescheme.asp

Best Wishes

Delree

Go back to court and apply to suspend the eviction. If you propose a sensible payment plan you'll get a sensible response.

kissjenn

There's a process in place within Scotland that if you're absent from the court hearing you can apply to have the order suspended and a new hearing called. That's used for rent evictions not sure about repossessions but it is the logic that you should have the opportunity to be represented.

Have you sorted out the ltd company issues yet to get at that money?