Mortgage Arrears caused by benefits shortfall

[transformer999]

Re: Reclaiming Mortgage Arrears Charges

oh planB won't you miss all the highs & lows

I have just called Paratus and they have made a note that I will be filing and returning the I & E Form by next Tuesday...one headache out of the way...

[transformer999]

Re: Reclaiming Mortgage Arrears Charges

I was just thinking how much to offer? I don't want to offer too low in case it is not accepted and not too high that I will have difficulty keeping to it?

I know that further arrears will be added on every month as I will have to pay the shortfall to plus the previous arrears....how many years or months am I allowed to spread these arrears over is what I wanted to know please...before I make an offer?

[transformer999]

Re: Reclaiming Mortgage Arrears Charges

I am going to do my I & E Form and was just wandering any ideas how much I should be proposing to repay off towards my arrears each month? any ideas please?

Knowing that my case with Blemain has not ended yet and I do not want to offer anything too high and not be able to afford later down the line. If Paratus accept my offer that would be good as I would not be facing any legal action or proceedings.

As I have not yet received my first wage from my new employment I am going to have to write that I am in receipt of Income Support and fill out the form as best I can.

I was thinking maybe I should offer £20 a month? or is that too low? I am just so confused on what I should offer...as I know that Norgan case which allows people to pay off their arrears throughout their mortgage term.

[The Tech Clerk]

Re: Reclaiming Mortgage Arrears Charges

I am going to do my I & E Form and was just wandering any ideas how much I should be proposing to repay off towards my arrears each month? any ideas please?

Knowing that my case with Blemain has not ended yet and I do not want to offer anything too high and not be able to afford later down the line. If Paratus accept my offer that would be good as I would not be facing any legal action or proceedings.

As I have not yet received my first wage from my new employment I am going to have to write that I am in receipt of Income Support and fill out the form as best I can.

I was thinking maybe I should offer £20 a month? or is that too low? I am just so confused on what I should offer...as I know that Norgan case which allows people to pay off their arrears throughout their mortgage term.

Could be a starting point to start with.

[transformer999]

Re: Reclaiming Mortgage Arrears Charges

Thanks Tech....guess it is I suppose and if is not I am sure that Paratus will tell me...least this way we are corresponding with each other which is much better than the court route....especially at this particular moment in time.

[The Tech Clerk]

Re: Reclaiming Mortgage Arrears Charges

Thanks Tech....guess it is I suppose and if is not I am sure that Paratus will tell me...least this way we are corresponding with each other which is much better than the court route....especially at this particular moment in time.

As has been said even eventually a Tomlin Order could better than a CCJ etc to my mind??

[PlanB]

Re: Reclaiming Mortgage Arrears Charges

As has been said even eventually a Tomlin Order could better than a CCJ etc to my mind??

This is a mortgage secured on T999's home. If she defaults then the lender can apply to the county court for possession of the property. With a secured loan the lender already has a charge on the property so they don't need a CCJ or a CO they simply ask the court to give them possession and then evict the occupier and change the locks. Sadly a Tomlin Order is not relevant to mortgages or any debts over £25k

[PlanB]

Re: Reclaiming Mortgage Arrears Charges

I am going to do my I & E Form and was just wandering any ideas how much I should be proposing to repay off towards my arrears each month? any ideas please?

. . . . . As I have not yet received my first wage from my new employment I am going to have to write that I am in receipt of Income Support and fill out the form as best I can.

Now you have started a conversation with your lender it's highly unlikely they will issue possession proceedings as they are bound by Pre-Action Protocol to only do that as a last resort after trying everything else possible first

http://www.justice.gov.uk/courts/pro...t_mha#IDAYA0HC

While you're in receipt of Income Support your lender will feel secure that the Government's money will arrive each month even if there is a shortfall. You're new job is not yet finalised so fill in your I & E based on claiming Income Support because right now that is the truth. When things change and improve with your new job you can tell them all that then and not before. Keep it simple.

Have they actually asked you to "make an offer" to clear those arrears, or have they asked you to fill in an I & E and send it back so they can calculate what they think you have available to pay them

The court will normally accept an offer to clear arrears over the remaining term of the mortgage but will probably grant a suspended possession order which you want to avoid. But the maths will be the same. So calculate what you would need to pay each month in order to clear that £900 (?) over the next 20 years (?).

It's a difficult sum because it will involve working it out as a repayment mortgage and not interest only (if you follow me). So why not ask them to do the maths for you You could send them your I & E and ask them straight up "how much would I have to pay you each month to clear these arrears by the end of the mortgage term?". See what they come back with and offer that

Your 2nd mortgage was different. You didn't pay them anything for nearly two years and stuck your head in the sand to the letters they wrote so it's no wonder they issued possession proceedings This time you're doing it differently

[PlanB]

Re: Reclaiming Mortgage Arrears Charges

.....I did contact the DWP & they did reduce my payments last year in September 11....something about not being entitled to so much blah blah blah...so guess Paratus were right....and as I did not pay the shortfall that is why the arrears have built up.

.

Get the specifics from the DWP as to why your payments were reduced. In some cases this can be appealed but since this was September 2011 you may have little chance of success now They would have sent you a letter at the time with details of how to appeal. Get a copy sent to you if you've lost it. Was it the oveall size of your mortgage or was it the capped interest rate or what?

Maybe advise your lender that you have a query with the DWP and are intending to appeal the reduced amount. You can ask the CAB to help you make an out-of-time backdated appeal if they think you would have been entitled to do this at the time.

Finally, this is a joint mortgage with your OH and it may be that you need to discuss this new development (arrears) with your divorce lawyers to see whether he can be pursuaded to contribute at this crucial time for you, or even clear the arrears in a lump sum leaving you to worry about the shortfall going forward.

[PlanB]

Re: Reclaiming Mortgage Arrears Charges

Eeeek So in that case 13 months from September 2011 will be October 2012 which is this month so unless the decision was made after September 15th you may have missed your deadline to appeal Get on to this quick smart in case there's still time to get this done

It never pays to ignore letters which have a negative impact on the ability to pay a mortgage

[transformer999]

Re: Reclaiming Mortgage Arrears Charges

Well true to their word Paratus have responded to my complaint with the 4 weeks as they advised me.

I feel like a wally because after I sent my letter of complaint I believed that the £900'ish they said I owed was a total of arrears penalties and charges...where in actual fact it was the shortfall of payments between what the DWP were making and the correct payments each month.

Ah well....never mind...I have sent my I & E Form and will see what response....no doubt very soon....I get from them.

Mind you Paratus are very adamant that the £39 fee they charge for being in arrears is reasonable....also I thought that they charged an acceptance fee twice but that was also my error........

Quite a strong response from Paratus...quoting me the FOS & FSA rules and regs.....

[PlanB]

Re: Reclaiming Mortgage Arrears Charges

.

Ah well....never mind...I have sent my I & E Form and will see what response....no doubt very soon....I get from them.

Mind you Paratus are very adamant that the £39 fee they charge for being in arrears is reasonable....also I thought that they charged an acceptance fee twice but that was also my error........

Silly billy

At least you caught it just in time before you went into a third month of arrears and then they could have issued possession proceedings You're in discussion with them now about a resolution and that should keep them from doing anything nasty

You can always challenge those charges later (you've got 6 years) once you've got the deal done on the current arrears

Keep us in the loop when you get a response

[transformer999]

Re: Reclaiming Mortgage Arrears Charges

Thanks planB I will keep you updated.....and yes it was my silly billyness that got me so confused. With Blemain hanging over my head kinda set my mind over to the dark side for a bit.

Just waiting to see what Paratus respond with after reading my I & E Form....and will update as soon as I get a reply.

Thanks for popping in lovely lady xxx

[transformer999]

Re: Reclaiming Mortgage Arrears Charges

Today I have had a response to my letter to Paratus proposing to pay £20 a month towards my arrears. They have refused my proposal and now I don't know what next to do.

I am already dealing with Blemain and this on top is really quite a lot to deal with. Please can anyone suggest any further help? and there is me thinking that lenders are suppose to help people with arrears...its not like I owe millions. Just a fucking joke this whole system....no help from my mortgage lender nor from Blemain. Sometimes I don't know why I bother. There is so much advice and reaction protocol guidelines out there....what is the use of all of these if they don't help people.....and these lenders do whatever they please when people are suffering financial difficulties.

[transformer999]

Re: Reclaiming Mortgage Arrears Charges

I have just got off the phone with Paratus....and it seems that I sent my I & E Form showing that my out goings were more than my incomings and this is what I have done with the I & E Form I sent to Blemain.

Oh bloody hell...this was my mistake and sorry all....I am happy now that after I send the correct I & E Forms to Paratus & Blemain that things may be better...I sent a draft copy and the figures on there were not correct and that is why this mess has happened.

So much going on hard to get my head in gear...but hopefully all this will be over soon and then things will be different.