our house

[Spent2much]

Re: our house

I have just checked payplanplus and gone right back to the very frist payment with them in Feb2008 and it is showing the ccj as £3.89 so it is set at that , so I will apply for a variation on this i am hand delivering the one for the charge on Tusesday so i will pick up the form to apply for the variation at the same time , I also emailed payplan and told them i will only be paying £4.89 next month as i have applied for a variation on the charge and will be doing the same for the ccj, i am in control of how much i pay through payplan as i pay by debit card so no problem there.

You know what i really feel things are looking up again especially applying for the variation on the two remaining priroity accounts , if this works out it will help others who might be in a similar situation and they will know there is a way through and a light at the end of the tunnel

[Spent2much]

Re: our house

You are applying to the court for the variations, aren't you? Not to Payplan! The court may request an I&E from you, but you should have no problems convincing them all you can pay is £1/month on each CCJ when you show them you're barely covering the mortgage, which is a priority.

At the moment you haven't got any extra income as all the ideas mentioned above such as lodgers, etc. are just that, ideas...

Yes that's right and there is an income and expenditure to fill in, there is quite a few things on there that we haven't filled such as petrol and car insurance also travel to work as we walk everywhere at the moment , my parents have been paying the petrol and insurance so i'm not putting it on there . They need a bank statement too , but the one i looked at has the payment to payplan of £32.66 also my son paid his catalogue account with my debit card and gave me the money ,and mobile phone top up too .
The income we have coming is less than whats going out and is showing £60 shortfall so i don't know what the court will think

I wouldn't put down about the lodgers either, and won't even put the amount of payement back up even if i do get one , they can wait now .

[Spent2much]

Re: our house

Hubby has filled in the form for the variation and he is going to include £1 postal order , i am sending payplan an email telling what is happening and informing them that next month the payment will be down to £4.89 until i can get the ccj reduced to £1 also , that just leaves the orange phone contract which is also £1 , so hopefully from £500 in 2007 then £226 in 2008 June 2012 £32.66 because of the UE route , our debt payment is down to £3 , hope that fairfax see sense or if they refuse the jusge at the hearing will agree , then our mortgage can be paid properly again.

[Spent2much]

Re: our house

On the form for the variation for the charge it has a box to tick where is say's 'i can afford *** and enclose a cheque for *** .

Do i not pay next months £27.77 through payplan , but instead enclose a cheque with £1 PO in it when submitting the form to the court ?

I don't want to upset fairfax solicitors by not paying them ,but my mortgage comes first and yet i want to keep everyone happy .

Thanks

[Spent2much]

Re: our house

...or anywhere else

There are many ways to get lodgers, obviously the university would be ideal but by no means the only source.

will still keep advertising .

[Spent2much]

Re: our house

Oh and here's something really boring for you to read about Pre-Action Protocol I've selected the two ones which may help you:

6.1 (a) "A lender must consider not starting a possession claim where the borrower can demonstrate to the lender .... a submitted claim to the DWP for SMI ".

So I'd get that application in quick smart if I were you

and,

7.3 " . . a claim must not normally be started . . .if it is reasonable to do one of the following . . . defer payment of interest due under the mortgage".

I wonder if that refers to a mortgage interest *holiday*

http://www.justice.gov.uk/courts/pro...tocol/prot_mha

thank you very much

[Spent2much]

Re: our house

I forgot to say whatever happens don't let slip about the lodger idea on the phone

Now it's not the end-of-the-month until the end of next week so try to enjoy the bank holiday weekend with your family and that cute grandchild of yours

i won't tell them about that , and my attitude has changed from stressed to 'don't give a monkeys' we can only do our best and our best is what we give

not had any response about the lodgers so far , to be honest even if we don't get a lodger i will make it work i am keeping this house no matter what

we will enjoy the weeknd for sure, got my little grandson coming we are going to a farm on Monday and will take a picnic with us so it will be great, my son and daughter-in-law payed for me and hubby to go to Chester zoo Wednesday it was fabulous i will post some pics up later ,my son and daughter-in-law are very good they said it was their treat for the many times we babysit for them . Life is good when you have family and friends around you .

[PlanB]

Re: our house

Oh and here's something really boring for you to read about Pre-Action Protocol I've selected the two ones which may help you:

6.1 (a) "A lender must consider not starting a possession claim where the borrower can demonstrate to the lender .... a submitted claim to the DWP for SMI ".

So I'd get that application in quick smart if I were you

and,

7.3 " . . a claim must not normally be started . . .if it is reasonable to do one of the following . . . defer payment of interest due under the mortgage".

I wonder if that refers to a mortgage interest *holiday*

http://www.justice.gov.uk/courts/pro...tocol/prot_mha

[PlanB]

Re: our house

will do and i thought this also about them feeling secure about government payments they know its always going to be paid lol.
Thanks for your help , its not what you know its who you know

I forgot to say whatever happens don't let slip about the lodger idea on the phone

Now it's not the end-of-the-month until the end of next week so try to enjoy the bank holiday weekend with your family and that cute grandchild of yours

[Spent2much]

Re: our house

Ok so pay what you can over the phone this month even if it's a shortfall, and maybe tell them you're expecting to make a futher payment in a couple of weeks depending on how the business is doing There is nothing to stop you making random payments during the month however small (even £10) to look willing. It's nice to make payments by card on the auto system then you can avoid the anxiety of talking. But keep writing lots of letters for the file.

I would be inclined to tell them that if the business doesn't pick up in two weeks you'll be applying for SMI and ask them if they can send you any information on this. They should have a leaflet. The point is it lets them know that you're actively in control of the situation and not sticking your head in the sand. They'd love you to be in receipt of SMI because payments underwritten by the Government will make them feel more secure

will do and i thought this also about them feeling secure about government payments they know its always going to be paid lol.
Thanks for your help , its not what you know its who you know

[PlanB]

Re: our house

Ok so pay what you can over the phone this month even if it's a shortfall, and maybe tell them you're expecting to make a futher payment in a couple of weeks depending on how the business is doing There is nothing to stop you making random payments during the month however small (even £10) to look willing. It's nice to make payments by card on the auto system then you can avoid the anxiety of talking. But keep writing lots of letters for the file.

I would be inclined to tell them that if the business doesn't pick up in two weeks you'll be applying for SMI and ask them if they can send you any information on this. They should have a leaflet. The point is it lets them know that you're actively in control of the situation and not sticking your head in the sand. They'd love you to be in receipt of SMI because payments underwritten by the Government will make them feel more secure

[Spent2much]

Re: our house

How do you make your mortgage payment? Is it over the phone by debit card on the auto system, or do you have to speak to someone to give your bank details which leads to them not accepting your "offer"? Is your account being managed by the Collections team, the Serious Arrears team or the Pre-Litigation team? Kensington will have an escalation process and each department is limited as to what they can negotiate with you.

Did your mortgage originate with Kensington or was it with another lender like GMAC who sold it on? All the non-organic mortgages are managed by Homeloan Management Ltd based in N. Ireland (you can tell by the accent when they answer the phone) which has 'caught the eye' of the FSA recently for the way they handle customers in arrears If you're dealing with Kensington's Skipton office it will be easier

hubby phones to make a payment and i think it is with the collctions dpt, also i think they are scottish how he speaks to lol , we pay by debit card , we also found a free phone number to ring and that has cut our bill down by about £3-4 a month as they are thorough when you phone them they enquire how business is going and i was ill a few months back and they even asked if i was well again

hubby says its with collections , but he thinks the people he speaks to are Irish ,but the past few months have not been Irish .

[PlanB]

Re: our house

thank you planB, at the moment we haven't stopped trading we are giving it two weeks and then making a decision.

We will offer the mortgage all we can afford , we feel better knowing that kensington have to follow this protocol .

How do you make your mortgage payment? Is it over the phone by debit card on the auto system, or do you have to speak to someone to give your bank details which leads to them not accepting your "offer"? Is your account being managed by the Collections team, the Serious Arrears team or the Pre-Litigation team? Kensington will have an escalation process and each department is limited as to what they can negotiate with you.

Did your mortgage originate with Kensington or was it with another lender like GMAC who sold it on? All the non-organic mortgages are managed by Homeloan Management Ltd based in N. Ireland (you can tell by the accent when they answer the phone) which has 'caught the eye' of the FSA recently for the way they handle customers in arrears If you're dealing with Kensington's Skipton office it will be easier

[Spent2much]

Re: our house

thank you planB, at the moment we haven't stopped trading we are giving it two weeks and then making a decision.

We will offer the mortgage all we can afford , we feel better knowing that kensington have to follow this protocol .

[PlanB]

Re: our house

I just want to say thank you to you all for guiding me through this i appreciate it a lot and feel much more positive now and glad i listened and we are now keeping our lovely home.

The problem of this months mortgage is still here though as we won't have the full amount and they are xpecting full payment plus £30 arrears .

I know that end-of-the-month sinking feeling only too well

This is what I would do:

* make Kensington mortgage your top payment priority because that's your home and the roof over your head. Pay them as much as you can afford this month even if it leaves a shortfall. As long as the lender is getting something it will help. Mortgage repossession proceedings aren't supposed to commence (Pre Action Protocol) unless a borrower is in a full six months arrears situation. If you keep paying something it will stop you having *full* months arrears.

* change the payment date to "the last working day of the month" if you haven't already done this. Kensington have that option and it's amazing what difference a few days can make when it comes to finding the money

* apply to have your mortgage interest paid by the DWP (SMI?) as FP has already suggested

* write to Kensington and tell them you have made an application for SMI and ask them to put your account on hold while this benefit is being assessed. They have to do that as part of Pre-Action Protocol.

* change your mortgage to 'interest only' to keep the payments down if you haven't already done that (I think you said you have)

* apply for any other benefits both you and your husband may be entitled to.

I'm not familiar with CCJs and redeterminations etc but others on here are sh*t hot on this topic

You're getting there one step at a time and you'll look back and feel proud of yourself for battling this out