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Help- I am sick with worry

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  • crutches
    crutches Posts: 1,065 Forumite
    phoned the bankssolicitors and told them i wasapplying to stop the eviction .They asked how much i had paid in already....bank had not toldthem of any payments.The y also had not been told by bank that since the last court order i havebecome disabled,our income hasdroppeddramatically etc."accordingly we may wish to readviseour clients and take further instructions."
    they willphone me later to give me a figure that the bank will accept.they say bank isobliged to give me one and should have done so when asked b4.fingers crossed
    welfare rights yesterday checked on benefits and filled in incsupp and council taxfor me.
    feeling more positive today.i have my husband,my kids and my faith.

    THANKYOU ALL.
    Every day above ground is a good one ;)
  • elona
    elona Posts: 11,806 Forumite
    10,000 Posts Combo Breaker
    Good luck and we will all be thinking of you.:j
    "This site is addictive!"
    Wooligan 2 squares for smoky - 3 squares for HTA
    Preemie hats - 2.
  • crutches
    crutches Posts: 1,065 Forumite
    bank telephoned this pm via their solicitors to say that they note that i have got arrears(from original court order)down £2500 and that payments are now up rto date and a bit overaccording to court order.(normal mort payments+£50)BUT
    they will accept £1713.37 or nothing.
    so i've been to the court,done the forms,i have a date for a hearing on the 13th.if it fails we are out on the 16th. ct lady told me shelter will be in court that day and she will send my papers to them.i'm just going to keep payingas much as i can b4 i go to court because i helps prove that i'm trying.
    thanks to all for trying to help.
    Every day above ground is a good one ;)
  • Fran
    Fran Posts: 11,280 Forumite
    Part of the Furniture 10,000 Posts Photogenic Combo Breaker
    crutches wrote:
    i'm just going to keep payingas much as i can b4 i go to court because i helps prove that i'm trying.
    I'm not sure that makes any difference at this stage, though I would carry on paying the normal mortgage. Did you speak to Citizens Advice? It would be so much better if you know where you're going with everything before the court date and they can help you with this.
    Torgwen.......... :) ...........
  • saver_sam
    saver_sam Posts: 609 Forumite
    Part of the Furniture 500 Posts
    I am coming into this late after reading your situation. I hope in relation to your arrears, your mortgage company sent an independent mortgage counsellor to your house for a chat. These people generally go through your income and expendure with you and try to come up with a reasonable way to pay the arrears off plus keep up the mortgage payments so you don't get further in arrears, which is hopefully acceptable to the mortgage company. However, in the odd case it's not acceptable and the company continues to eviction, but most of the time it seems OK (My partner does this mortgage counselloring (among other things too) and does not hear of many continuations to eviction - perhaps 2 in the 3 years he's be doing it).

    Anyways, my partner mentioned the mortgage company is not obliged to send the independent counsellor, but that courts may take a dim view if this has not been attempted by the mortgage company. Perhaps if this has not taken place then it is worth mentioning to the judge on the day, as sitting down with someone might have helped you out and explained/reiterated your situation to them.

    The good thing is you have done the right thing and completed the papers and got them to the court. Good luck with it all.
  • crutches
    crutches Posts: 1,065 Forumite
    disablement welfare rights refeerred me to shelter.the court referred me to shelter too.cab say shelter for housing matters too so i'll use cab for the debt and shelter for housing. Seems they are nominated by council to do court proceedings here which cab did a few years ago.
    the debt is council tax and if i can sort the house then i can pay it especially if i qualify for some of these benefits but it seems to be too little too late.
    Every day above ground is a good one ;)
  • anntics
    anntics Posts: 42 Forumite
    Part of the Furniture 10 Posts
    Hi crutches

    I too had to leave my profession through ill health after almost 30 years and claiming benefits came very hard to me. I had always worked for everything I have. I cannot offer much different advice than what you have already been given by the lovely people on this forum. For your children's sake if not your own you must get what you are entitled to and keep a roof over your head.

    My experience with CAB when I was trying to help my son with his debts was much the same. No reply, no returned calls so I gave up on them and rang the National Debtline - there is a link to them at the top of this page. They were brilliant, talked to me on the phone and sent me lots of information. I managed to sort everything out in the end by following their advice. Of the 3 companies involved only one was awkward, so I contacted the CSA rep at their company and after some persistence a mutual agreement was worked out. This company had a very bad name and didn't want the CSA involved. It appears that they had used tactics which would not have looked good in court and like many of their ilk, relied on the ignorance and fear of the person in debt.

    My own lessons from this experience were to arm myself with as much information as possible, as everything debt collectors do is designed to frighten you into paying. Some of the things I was told over the phone were totally incorrect. I also stopped dealing with the company by phone and insisted on everything in writing.

    [aagh! I hatewaking up to abailiff at the door]

    I was alsothreatened with bailliffs even though my son no longer lived at my address. After the initial panic I contacted NDL and found out the truth. Bailiffs (I was told) can only act on the courts orders and there had been no court case - yet another scare tactic by the collection agency. Get their leaflet about bailliffs, it might help and reassure you.

    I know how hard it is to do all this when you feel so ill and despondent and you should be really proud of what you have achieved so far.

    Good luck with everything.
    Cheers

    Ann
  • margaretclare
    margaretclare Posts: 10,789 Forumite
    I think if someone from Shelter is in court to help and to speak for you, that will be much better. CAB do refer to Shelter for housing matters such as this because that's what Shelter specialise in!

    Best wishes

    Aunty Margaret
    [FONT=Times New Roman, serif]Æ[/FONT]r ic wisdom funde, [FONT=Times New Roman, serif]æ[/FONT]r wear[FONT=Times New Roman, serif]ð[/FONT] ic eald.
    Before I found wisdom, I became old.
  • Fran
    Fran Posts: 11,280 Forumite
    Part of the Furniture 10,000 Posts Photogenic Combo Breaker
    anntics wrote:

    My experience with CAB when I was trying to help my son with his debts was much the same. No reply, no returned calls so I gave up on them
    When was this, because since 1999 volunteers have to do a more in depth training course which takes about 6 months before they get to advise people - they can choose to get a certificate at the end so it is now a recognized qualification. I would have thought that now you would get returned calls if that is what has been promised because the level of advice is higher. Also it's the individual adviser who has been at fault if you don't get the returned call, the bureau might be ok but perhaps you just got someone who wasn't on the ball and you should complain to the manager if this happens.

    I think in crutches' case the CAB would be very useful because they can deal with all of the issues and see the situation as a whole - it's more difficult to get the right advice if you are going to two or three different advisors with different ways of working.


    Crutches,

    Did you actually speak to CAB?
    Torgwen.......... :) ...........
  • Penny-Pincher!!
    Penny-Pincher!! Posts: 8,325 Forumite
    Hi Crutches

    I have read this post from start to finish and would like to say Im thinking of you! I cant really offer advice as such as Im in a similar situation to yourself.

    I am 30 have Lupus, FMS & mental health problems, so fully understand what pain you are going through. It is hard most days for me to even get out of bed, thats if i make it up to bed the night before..lol.

    People who havent got FMS dont fully apreciate how hard & cruel this illness can be on you. My husband is my carer and does most things for me...poor bloke :eek: Life is so unfair...tired because of the Lupus and the tablets I have to take for this (which means I have no immune system-so catch everything :rolleyes: ) take steroids to ease the joint pain then take super pain killers as a top up....but still in bloomin pain..i hate it and wouldnt wish it on my worst enemy (well maybe one or two..lol)

    We havent had any help for the past few years and have only been assessed in the past 2 months. I feel we have been lucky and have been offered basically anything we need. I dont feel comfortable yet with someone helping me wash etc, but know that soon I will have to accept that I need more help, but for now im happy with a little help around the house. Anything is apreciated :D I also only have one ten yr old and she is pretty good around the house etc...shes fantastic really and love her to bits-she has kept me sane..lol.

    I would keep pushing for more help with social services, get your GP, rhumatologist, consultant involved..anyone and everyone and ask for the help you so desperatly need and do not take no for an answer. Pester them until they have to listen. It will be hard, but you are only asking for help that you do deserve!

    I have no comment about your arrears etc, but wish you luck and hope your life/luck changes for the better and soon!

    Bug Hugs

    Penny-Pincher!!
    xxxxx
    To repeat what others have said, requires education, to challenge it,
    requires brains!
    FEB GC/DIESEL £200/4 WEEKS
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