repossession

silvercar

kj*daisy wrote:

If there is a possession order I assume it was suspended as long as you paid your mortgage and arrears, as you couldn't do this it sounds like they have now applied for an eviction warrant?
I think you will need to apply to the court for the eviction warrant to be suspended, you wil need to tell the judge the reasons why you couldn't pay the previous order/agreement.

Totally agree with this advice. You really need to persuade the judge that you can now manage the repayments. There is a precedent court case, Cheltenham & Gloucester vs Norgan allowed the 'reasonable period' to repay the arrears as the remaining term of the mortgage.

Verbatim

Can you ask the CAB to negotiate for you. As this is obviously a case with many extenuating circumstances, an ability to now pay and clear intentions to do so there should be some leeway.

Do you have an eviction date? How much money can you raise to offer as a lump sum, if any. I'd suggest filling your husband in on the situation asap and do make a CAB appointment today. As you have had a court order and have defaulted on the payments agreed you need to get someone on your side fast.

silvercar

Is this the same as another thread?

When speaking to the mortgage company quote the CML (council of Mortgage Lenders) expectation that lenders will meet their obligation to TCF (Treat Customers Fairly) at their lender; at the very least it lets the lender know that you know that they need to act responsibly.

silvercar

Link to other thread, thought I was going mad!

http://forums.moneysavingexpert.com/showthread.html?t=701985&page=3

Merlot

Silvercar, this op has posted 3 threads, she was at a vey low point last nite, I felt sorry that I couldn't stay around after 3.00am but I had to be up at 6.30am this morning, I do hope the OP has taken all the advice and phoned the bank/court.

Please Pink, if you are reading this, please come back and tell us how you are this morning.

taxi73

this is very confusing all these threads...can you please just stick to one of them ..I too stayed up until 4am as I was worried a bout this lady last night

Merlot

Taxi73, I think the fact you stayed online to help was a huge help to her, she was/is so desperate, she sent me several PM's during the nite, and of course I couldn't give her the guarantee that she wouldn't lose her house...

I hope she comes back, and if you are reading this Pink, please come online and let us know how you got on.

Merlot

taxi73

I don't know where she is I've checked the other threads..hopefully she has gone to see a solicitor,CAB or similar...She's not been around for a few hours and I'm still worried about her she sounds so desperate...unfortunate thing is I can see this happening to a lot of other people with this credit crunch...it's so hard when somebody is so desperate and you can't do anything.

moneydoesgrowontrees

Hello. Don't be scared to ring the bank! The last thing they will want to do is evict you as it is more than likely they will sell for a loss, especcially with a flat market! If they've not set the Direct debit, there may not have been time for this months payment, and it might be set for the next. Call them and pay with a debit card or send a cheque. I understand you won't be able to pay all the arrears at once, but if you call them and make them aware you will make the normal payments going forward, and set a promise to pay £X amount off the arrears each month, it will prevent any contact charges for letters etc, and you may be able to negotiate with them that if you keep up the normal monthly payment plus an agreed amount towards the arrears each month, for usually 6 months, they might add the rest to the balance, but they may require a certain amount to be paid off up front to stop proceedings. If a notice of intended eviction has been sent, it's not to late to stop it, they can still call it off, but they need to speak to you to do this. They will need something concrete in place. Phone them every day if needs be to make them aware you have an arrangement and intend to meet it.

taxi73

Dragonflies where are you as I'm still worried about you!!!!!