We have arrears of £5,900. This is due to my partner having an accident at work 3 yrs ago. The contractual monthly amount is being met by income support. The amount required each month is £146.72. The amount being paid by income support is £186.88 every 4 weeks. Even though the mortgage company are receiving the monthly amount and some extra to bring down the arrears each month, they are still pursuing repossession of our home. My partner is claiming for his accident which happened 3yrs ago we have provided the mortgage company with a letter from my partners solicitor detailing that his employers have admitted full liability and that we are in the final stages of finalising the claim. He has been out of work 3 yrs and I have pointed out to the mortgage company that loss of earnings alone will guarantee that the arrears will be cleared. This is still not good enough for them. I was just wondering if any people could give me any advice. We are expecting a court date any day now and would like to know if this letter from my partners solicitors will carry any weight in regards to our defence. I also am thinking about using the Norgan case to use as our defence. Is there anything else I can do? Is there anymore information that I would need relating to my partners claim to give the judge that would help him rule in our favour?
Pages
Recent Posts
Recent Comments
- isxrc on question about a house repossession?
- isxrc on question about a house repossession?
- Mutt on Repossession - what kind of right/interest is there?
- bigmeany:-( on Can they repossess my home if I can prove that I can pay the arrears of soon?
- michelob86 on Unavoidable repossession. Creditor harassment. Any recourse?
1 Comment
I can’t give you great advice without hearing the answer to the above but I can try and put your mind at ease.
Trust me here, you are not going to get your house repossessed as long as you are able to maintain payments from now on! The mortgage company are trying to scare you into paying off the arrears in full. Please do not panic in court and agree to get the full amount paid off within 28 days. I have seen this happen so many times and it just leads to more trouble as they are usually unable to do this. If they do not pay up in 28 days then they get served with an eviction notice. You are allowed to come to an arrangement to pay off your arrears on top of your normal payments in small chunks over up to a five year period based on your disposable income.
It’s great that you are thinking ahead with the Norgan case but it is really unnecessary to bring this up. People expect the court to be really formal with the whole judge jury setting. This couldn’t be further from the truth as the county court is usually little more than a table with a district judge sat at the end. You’re defence is that you had a change in circumstances (your partner was in an accident and was left unable to work). You need to state that you are now in a position where you can maintain your payments and contribute a fixed sum per month on top towards the arrears. You should provide the court with a copy of your income and expenditure form with a proposal. District judges hate to see people homeless and will only serve an eviction notice as a last resort.
It is great that you are finalising the claim at the moment. However I would try to come to an arrangement first as you never know how longs these things will take. The court usually only gives you a max of 28 days to get everything paid in full (52 if your lucky) so its worth exhausting the safer option first as things become a little bit harder when an eviction notice is served.
If you want anymore advice please feel free to email me. I am able to suspend eviction notices if worse comes to worse and I know how to arrange emergency hearings too and I love helping people beat the system.
Write a Comment