Reposession letter from solicitors

davidmcn

Blackbeard_of_Perranporth wrote: »

I have never heard of a mortgage being sold to another provider.

Whether or not you've heard of it, it's perfectly commonplace, and doesn't necessarily indicate anything about how a particular loan has been serviced.

Blackbeard_of_Perranporth

If op does not herd my advice, then they should read the post from fatbelly.

He is correct about c&g.

PS. Ring your lender.

fatbelly

They can do both, Blackbeard.

Talking to the lender might result in the court hearing being cancelled. But a court hearing is nothing to be overly scared about (as long as that arrangement clears the arrears etc etc) and the op should not be forced into an unsustainable arrangement in return for halting the court process.

Unless they are 100% sure the hearing is cancelled, they should attend - it's often the case that a judge will be more sympathetic than the lenders' solicitor.

Blackbeard_of_Perranporth

One fat belly hopes that OP heeds the advice given and is not emotive in getting an arrangement sorted. And keeping it, even when times are hard. I know, I have been there as well. My mortgage is still in the collections dept of c&g. We talk every so often, most times about the football!

Blackbeard_of_Perranporth

One hopes OP will return, but this problem has been going on for a while now! August 2014

beccibaxter wrote: »

Please can someone advise me?
I have some serious mortgage arrears and I don't know what to do.
I have 6 months arrears.
I had a payment plan in place but I didn't make the payments. This was due to falling ill (still ill, its a long term thing) and ending up in hospital for 3 months. I phoned the mortgage company who said not to worry and made a new arrangement. I offered £300 a month. This was including my monthly payment. (the DWP contribute £158 so my bit is £116). They accepted this but said if I miss again they will revert back to the pre-litigation without warning. I asked if I could add the arrears to the overall balance and they said no as I had a failed arrangement. I was not happy but thought well I suppose their word is final.
Anyway my first payment was due on the 31st of July. The tax credits messed up (my son is 16 and will be going to college in September, Tax credits failed to record what I told them when I phoned and stopped my payments). I wrote to my mortgage provider explaining this and told them I would make payment on the 7th of August. However on the 1st of August the tax credits rectified the issue and made a payment into my bank. I had lost my debit card so I wrote a cheque and sent it to the mortgage company the same day. I sent it first class again so they should have had it on or around the 4th or 5th of August, with it clearing from my bank on the anytime now.
Yesterday morning I got a phone call from them saying they had not had their payment. I told them about the letter I sent and that tax credits had sorted it out and I had sent a cheque. I gave them the date of the cheque and the cheque number. They said that they had not received either the cheque or the letter and that because payment had not been made they would continue with the pre-litigation!

So what happens now? What is pre-litigation?
My arrears total something like £1650. It works out to about 6 months arrears.
I have gone through my budget and can have worked out that I can clear them by the end of October but the mortgage company want payment in full now or they will proceed to litigation(?).
They refused point blank to accept my proposals. I understand that I have broken arrangements previously but this seems very unfair given that I sent them a cheque and a letter in good faith.
I currently am in a DMP for other silly little debts accrued by myself and my husband over the last couple of years. I am with step change.
When I initially went with them they said they could not help me liaise with my mortgage company despite their website saying they do help with that.

I don't know what to do. To make matters worse, (and I'm going to get shouted at now) my husband knows nothing about the arrears as I have kept it hidden from him. He isn't a scary man, he wouldn't be nasty about it but he would be very worried and upset and disappointed that I didn't tell him. The reason I haven't told him is because he was recently in an accident and has a spinal injury. Due to his condition he has had to give up work. This has caused depression and anxiety. I really do not want to add to his stress and pain by telling him if I can avoid it.
I know its stupid because if they do go down the road of repossession he will obviously find out when we get evicted. So I am dealing with this alone. I have no family I can tell or ask for help.

We have three kids too. A 16, 14 and 12 year old.
I myself am disabled. I am on ESA, DLA, Child tax credit and child benefit.
We have a low income but have enough to get by now I have cancelled sky tv, internet, gone onto incoming calls only, cancelled mobile phone contract and gone onto PAYG and switched energy suppliers. I have swapped Asda for Farmfoods and Lidl and stopped giving the kids spending money. I have saved money anywhere I can in order to free up money to pay these arrears. Most were mid contract so they are chasing me for money but I explained that they were not priority. Most were ok, the only one that got snotty was Sky.

Anyway, can anyone help or advise me? What will happen next? Can the mortgage company really refuse my offer of payment because I have broken arrangements in the past? Even though it only happened because of hospitalisation.
I have begged and pleaded with them to help me make an arrangement or add it to the capital or switch to interest only instead of pre litigation but they wont listen.

I understand I have broken their trust but I did send that cheque and letter. I don't know what happened to them, or where they went but I sent them.
Its probably lying in a drawer in some ones desk! I know now to send things recorded delivery in future.

So what I want to know is what happens now? Will it go to court? Do I get another chance at paying off the arrears?

what do I do? Step change wont help at all. They just say to talk to the lender. I have!!!

Legally what will happen? I mean I cant afford to pay the arrears all in one go. I have tried to take out a loan to pay them off but nobody will give me one due to having mortgage arrears.
I feel suicidal at the thought of losing my home. The only home my youngest child has ever known.
I hate this illness I have. Its cost me my independence, my health, my happiness and now probably my home.

I cant take anymore of the stress and sleepless nights. I don't know what to do anymore.
Please someone help me.

fatbelly

So the arrears are still where they were 2.5 years ago - you can maybe understand why the lender wants something more formal in place.

Still several steps from losing the house if the op plays this right.

I'm interested to know how this plays out but spend most of my time on the debt-free wannabee board - perhaps the op could post over there after the court date.

Blackbeard_of_Perranporth

Hopefully FatBelly OP is on the phone to her lender