Lilly's Repossession

[Undercover Elsa]

Re: Lilly1203 Diary

Well done so far Lilly, you're showing great courage through all this.
Good luck with NRAM and the house viewing..

[lilly1203]

Re: Lilly1203 Diary

is this your housing problem http://forums.all-about-debt.co.uk/s...2&postcount=32 if so there may be some things you can do to avoid a possession order on your home on 28th March, and definitely avoid the house being sold at auction.

NRAM have a "Sensitive Case Team" who will help with arrears caused by bereavement. If you've sent them your late husband's death certificate you will be put straight through to that team when you contact the normal NRAM number 0845 603 5412.

If you've got equity in the property you can ask NRAM to capitize those arrears (add them to the loan) so you won't have any arrears. Most lenders ask you to make 6 months payments before they'll do this but you are a special case so give it a try. If you don't ask you don't get.

If you've got evidence that the house is on the market you can ask NRAM for an adjournment of the possession hearing for (say) 3 months to allow the sale to go through. If they don't agree you can ask the DJ the same and you should get a possession order suspended for 3 months at worst. You must go to the hearing and get the Duty Solicitor to represent you in court (it's a free service). Get a friend to view your house through the agent a.s.a.p. and make an offer so you can demonstrate that things are going in the right direction. The friend can then pull out of the offer a week or two after the hearing

Are you getting your Widowed Parents Allowance which can be as much as £460 pcm https://www.gov.uk/widowed-parents-a...what-youll-get

Do you have a spare room so you could take in a lodger for a few months until things get better? You can earn over £80 per week tax-free doing this https://www.gov.uk/rent-room-in-your...-a-room-scheme although it may impact on your benefits.

My worry is if you let yourself get repossessed with arrears you may be seen as "intentionally homeless" which could stop your entitlement to social housing. Go and see your council's Housing Options Team quickly. Take with you the court summons and register for re-housing. If you get a possession order at the hearing just sit tight until you get served with an eviction warrant and then you will be re-housed because you have children even if the lender gets a money judgment for those arrears. At first it may be a horrid B & B but after six weeks you and your kids should be given a permanent place

Hi PlanB, thanks for your reply. Yes that was my post in another part of the forum. I have sent the death certificate to NRAM but have not been refered to sensitive case team, I will call them and see if they will negotiate better. I am getting the widows pension,thanks. The CAB did a I&E and I am still £225 short every month so it was never going to work, I just stuck my head in the sand and hoped. I am going to see a little house this PM with a rent of half the mortgage and also no GE loan to pay back so I will be £450 better off so there is a chance, just dont want to be left with loads of cash still owing. There is no spare room, it was only 3 beds and I have got 2 teenagers,(one of each)I will try what you suggest re the duty solicitor, many thanks Lilly

[PlanB]

Re: Lilly1203 Diary

Hi UCElsa, the debts are credit cards, store cards and the secured debt is a loan for £9000 he took out, I have recently recieved a balance and with interest and charges it is still £11,000 to clear, the mortgage is £147000+ arrers of £11000, the house is only worth £169000 so even if sold at value will only just clear the debt, if they sell at auction I am stuffed.I think I will have to let the house go and deal with whatever comes afterwards. I have listed all the debts at the begining of the blog, they are enforsable due to date but when the house has gone and we move to rented they can whistle, I have no assetts at all apart from a £1500 car I use to get to work. again many thanks, it is good to talk xx

is this your housing problem http://forums.all-about-debt.co.uk/s...2&postcount=32 if so there may be some things you can do to avoid a possession order on your home on 28th March, and definitely avoid the house being sold at auction.

NRAM have a "Sensitive Case Team" who will help with arrears caused by bereavement. If you've sent them your late husband's death certificate you will be put straight through to that team when you contact the normal NRAM number 0845 603 5412.

If you've got equity in the property you can ask NRAM to capitize those arrears (add them to the loan) so you won't have any arrears. Most lenders ask you to make 6 months payments before they'll do this but you are a special case so give it a try. If you don't ask you don't get.

If you've got evidence that the house is on the market you can ask NRAM for an adjournment of the possession hearing for (say) 3 months to allow the sale to go through. If they don't agree you can ask the DJ the same and you should get a possession order suspended for 3 months at worst. You must go to the hearing and get the Duty Solicitor to represent you in court (it's a free service). Get a friend to view your house through the agent a.s.a.p. and make an offer so you can demonstrate that things are going in the right direction. The friend can then pull out of the offer a week or two after the hearing

Are you getting your Widowed Parents Allowance which can be as much as £460 pcm https://www.gov.uk/widowed-parents-a...what-youll-get

Do you have a spare room so you could take in a lodger for a few months until things get better? You can earn over £80 per week tax-free doing this https://www.gov.uk/rent-room-in-your...-a-room-scheme although it may impact on your benefits.

My worry is if you let yourself get repossessed with arrears you may be seen as "intentionally homeless" which could stop your entitlement to social housing. Go and see your council's Housing Options Team quickly. Take with you the court summons and register for re-housing. If you get a possession order at the hearing just sit tight until you get served with an eviction warrant and then you will be re-housed because you have children even if the lender gets a money judgment for those arrears. At first it may be a horrid B & B but after six weeks you and your kids should be given a permanent place

[lilly1203]

Re: Lilly1203 Diary

Hi Lilly

Do/Did they mean Target Home Loans V Clothier [1994] 1 All ER 439
Sale of the property
Mortgage possession claims

target home loans v clothier 1994
Sourcebook on Land Law - S. H. Goo - Google Books

Hi Scorpio, that all looks very scary but It looks like it is the one. I will have a read when I get home and see what it says, thanks for that, Lilly x

[5corpio]

Re: Lilly1203 Diary

Hi Lilly

Do/Did they mean Target Home Loans V Clothier [1994] 1 All ER 439
Sale of the property
Mortgage possession claims

target home loans v clothier 1994
Sourcebook on Land Law - S. H. Goo - Google Books

[lilly1203]

Re: Lilly1203 Diary

Have you checked this site out Lilly? It's a charity that helps with repossession cases: http://www.hrac.org.uk/index.htm

Hi Elsa, just spoke to them on the phone, they have given me some case law "Target Homes V Clothier 1994" to quote the judge and advised I should ask for 6 months to sell the house, they recon it wont be objected to. I will take this to CAB and ask them how I do this. Thank you so much, it will take the pressure off if I can sell it myself, wow, I can not believe you guys and what you offer to people like me, it is amazing, lots of love Lilly xxx

[lilly1203]

Re: Lilly1203 Diary

Have you checked this site out Lilly? It's a charity that helps with repossession cases: http://www.hrac.org.uk/index.htm

Thanks Elsa, will have a look when I get home, cheers Lilly x

[lilly1203]

Re: Lilly1203 Diary

How awful

Can I ask, are you saying you can't afford the £800 + £200 arrears? For example did you offer £800 normal payment + £any arrears? If so how much?

Hi Niddy, yes have been struggling for a couple of years really, since hubby died and I went down to 1 wage it has been very hard. I feel guilty about the children and try to make life better for them but at a cost, I have been short on the mortgage at birthdays and christmas and it has come back to bite me, and as my dad says its crap but the world dont owe us any favours, he has been great but he is on a pension and struggling himself.I think we have both come to terms with it and realise its time to let go and move on. I have not paid the motgage for the last month so I have a little towards a deposit, there is a rented house close to where I live and the childrens schools so all is not hopeless I will see if I can get that. I have had great support from you and the guys on this sight and this has kept me going. The CAB are comming to court with me on the 28th to try to get a little time to sell the house for a decent price so they dont come after me for the balance, even if they do I aint got nowt so they can whistle. Again many thanks and I think you are all wonderful Lilly xxx

[Undercover Elsa]

Re: Lilly1203 Diary

An example case history from there:

In this case, a couple whose circumstances had deteriorated very rapidly, and were showing no sign or recovery in the short term, accepted that they had no alternative but to sell the property, after we had thoroughly explored their affordability going forward. Their Lender however was not willing to provide them with the time to sell the property and had imposed their previous suspended possession order and therefore, an eviction date was set.
We applied emergency procedures, to have their case re-considered and as a result of our submissions to the judge, it was ordered that the Lender provide them with a minimum of 6 months within which to achieve a sale, while they remained at home, in the property. They advertised their property at a realistic price and have already secured a buyer and are therefore set to move to a smaller property, without ever having been evicted.

[Undercover Elsa]

Re: Lilly1203 Diary

Have you checked this site out Lilly? It's a charity that helps with repossession cases: http://www.hrac.org.uk/index.htm

[Never-In-Doubt]

Re: Lilly1203 Diary

How awful

Can I ask, are you saying you can't afford the £800 + £200 arrears? For example did you offer £800 normal payment + £any arrears? If so how much?

[lilly1203]

Re: Lilly1203 Diary

Can't you try and agree a SPO via consent as opposed to going to court and fighting this...?

For instance can you afford the normal repayment + £x for arrears?

Hi Niddy, I have tried to negotiate but they will only accept the normal payment of £800 plus £200 on the arrears, they really have been horrible. They still phone up and ask for my husband, they still send letters to him and when I told them he had died they send letters to him with (Deseased) in brackets. The last time I spoke they suggested I stop the childrens pocket money of £5 per week, they are still both in full time education, Thanks Lilly x

[Never-In-Doubt]

Re: Lilly1203 Diary

Can't you try and agree a SPO via consent as opposed to going to court and fighting this...?

For instance can you afford the normal repayment + £x for arrears?

[lilly1203]

Re: Lilly1203 Diary

Hi hun,

This is the second repossession attempt following bereavement that I've seen in the last couple of weeks. Dreadful.
I was wondering about the Government Mortgage Rescue Scheme but I suspect the lack of equity would be a problem. Have a look here just in case:
Citizens Advice - Mortgage rescue schemes

Elsa x

Hi Elsa, I have discussed this with housing and this scheme has a cap in my area and my house is over the cap so no good, thanks Lilly x

[lilly1203]

Re: Lilly1203 Diary

Hi Lilly,
So sorry for your loss too, I was in the same situation once, so I understand what you've been through.
As above, it would really help if we knew the type of debt ie loan/credit card/overdraft.
If you could add that info to each debt posted above we can help you sort it out.

kind regards,
Elsa x

Edited as posts crossed

Hi UCElsa, the debts are credit cards, store cards and the secured debt is a loan for £9000 he took out, I have recently recieved a balance and with interest and charges it is still £11,000 to clear, the mortgage is £147000+ arrers of £11000, the house is only worth £169000 so even if sold at value will only just clear the debt, if they sell at auction I am stuffed.I think I will have to let the house go and deal with whatever comes afterwards. I have listed all the debts at the begining of the blog, they are enforsable due to date but when the house has gone and we move to rented they can whistle, I have no assetts at all apart from a £1500 car I use to get to work. again many thanks, it is good to talk xx