question for a friend please ?

[Spent2much]

My friend and his wife are struggling to pay priority bills right now , she is out of work with depression (not entitled to any help via benefits ) her husband is the only wage earner and altogether their total income is £220 a week ,already getting working tax credits , he is self employed and with her not working they can't afford to pay the mortgage they are putting the house on the market and say if it sells they can pay off the mortgage but won't have anything left over but also won't have the burden of the mortgage to worry about .

They have asked me to ask if if anyone knows PlanB usually comes to rescue whether they can stay in their home while it is up for sale even if they can't afford to pay the monthly payment , they have cut their monthly outgoings such as food gas electric no tv and no licence no internet (i guess they are making the most of each others company ) and say they can pay £100 a month which is very little compared to what should be paid which is £450 interest only .

So that's the question can they stay in the house only paying £100 a month while its up for sale ?

thank you I hope someone can answer as my friends are really anxious .

[Never-In-Doubt]

Re: question for a friend please ?

I'm sure planB will be around later. Sit tight

[julian]

Re: question for a friend please ?

When I had nothing, I did not pay the mortgage, and they kept writing. As my head was in the sand it got really bad and I was on the point of being evicted (thanks sis). When I extracted myself from the mire, they were vey good in accepting a partial payment until I was able to pay all the arrears, but they sent me details for Shelter with the Repossession Hearing details.

As you will be aware any default markers will be problematic for at least 6 years. So best avoided.

I would suggest that you speak to the Building Society, and if not, to CAB. There is help, but you have to ask.

Where will they live? If they are unable to pay the mortgage, how will they pay rent? Best wishes to them.

[Spent2much]

Re: question for a friend please ?

I'm sure planB will be around later. Sit tight

thank you niddy hope you're well

[Spent2much]

Re: question for a friend please ?

When I had nothing, I did not pay the mortgage, and they kept writing. As my head was in the sand it got really bad and I was on the point of being evicted (thanks sis). When I extracted myself from the mire, they were vey good in accepting a partial payment until I was able to pay all the arrears, but they sent me details for Shelter with the Repossession Hearing details.

As you will be aware any default markers will be problematic for at least 6 years. So best avoided.

I would suggest that you speak to the Building Society, and if not, to CAB. There is help, but you have to ask.

Where will they live? If they are unable to pay the mortgage, how will they pay rent? Best wishes to them.

They are looking at renting a flat as they would get housing benefit to help with the rent , but with mortgages there is no help when times are tough is there .

thanks for your reply i will show them when they come here later tonight

[PlanB]

Re: question for a friend please ?



I'm more than happy to point your friend in the right direction

My instant reaction (without full information) is it may not be wise for your friend to throw in the towel because they feel under financial pressure. And more importantly not to throw in the towel because your friend suffers from depression.

At this stage it's not clear whether they may be able/entitled to mortgage help under Pre-Action Protocol such as changing from a repayment product to interest-only product for a period of time.

Or whether this is a joint mortgage (is it?) where one party may be able to claim DWP benefit entitlement to cover their 50% share of the mortgage interest etc

Who is the lender? They vary in their attitude.

Are there already mortgage repayment arrears?

Housing Benefit is not an automatic right if the applicant is perceived to have made themselves "intentionally homeless". Handing in the keys (voluntary possession) may fall into that category.

Is there any way you could persuade your friend to join the forum under a pseudonym (i.e username) so I can deal with them direct? I wouldn't want important things to get lost in translation.

Plan B x

[Spent2much]

Re: question for a friend please ?

I'm more than happy to point your friend in the right direction

My instant reaction (without full information) is it may not be wise for your friend to throw in the towel because they feel under financial pressure. And more importantly not to throw in the towel because your friend suffers from depression.

At this stage it's not clear whether they may be able/entitled to mortgage help under Pre-Action Protocol such as changing from a repayment product to interest-only product for a period of time.

Or whether this is a joint mortgage (is it?) where one party may be able to claim DWP benefit entitlement to cover their 50% share of the mortgage interest etc

Who is the lender? They vary in their attitude.

Are there already mortgage repayment arrears?

Housing Benefit is not an automatic right if the applicant is perceived to have made themselves "intentionally homeless". Handing in the keys (voluntary possession) may fall into that category.

Is there anyway you could persuade your friend to join the forum under a pseudonym (i.e username) so I can deal with them direct? I wouldn't want important things to get lost in translation.

Plan B x

HI PlanB , thank you for replying , they didn't come to see us tonight so can't ask them any questions . I suggested them joining but they won't

I will show them your reply when i see them , thank you again .

I told them about our predicament and how we hung on and we were in arrears as you know , but this November we have been a full year paying on time and it feels so good

[Helper2015]

Re: question for a friend please ?

"My friend and his wife are struggling to pay priority bills right now , she is out of work with depression (not entitled to any help via benefits ) her husband is the only wage earner and altogether their total income is £220 a week ,already getting working tax credits , he is self employed and with her not working they can't afford to pay the mortgage they are putting the house on the market and say if it sells they can pay off the mortgage but won't have anything left over but also won't have the burden of the mortgage to worry about ."

As Plan B says you have options. Their first priority should be land, ie keeping their property. If you defer paying your mortgage's capital (ie separate amount paid, in addition to mortgage interest, it means playing catch up - consider it s a last resort! If you're entitled to DWP benefits (as said below), your mortgage interest could be paid. Only if they are significantly behind should, at this point, remotely consider disposing of property (their home), which would then mean the bank applies for a possession order (as stated below).

Why is the female not entitled to help with DWP benefits such as Income Based ones, ie ESA?
"They have asked me to ask if if anyone knows PlanB usually comes to rescue whether they can stay in their home while it is up for sale even if they can't afford to pay the monthly payment , they have cut their monthly outgoings such as food gas electric no tv and no licence no internet (i guess they are making the most of each others company ) and say they can pay £100 a month which is very little compared to what should be paid which is £450 interest only."

The home to the bank is its security and if your friends were to pay less than the contractual amount then it (the bank) will free its security by getting a possession order and could sell it at auction for a much lower price than the property's worth, to cover at least the mortgage value.

So that's the question can they stay in the house only paying £100 a month while its up for sale ?

Your friends must keep up the full mortgage payments whilst trying to sell it. £100 per month is less than a 1/4 of the mortgage so no a bank would not accept that. It would automatically go for a possession order as it may take your friends too long to sell the property.

thank you I hope someone can answer as my friends are really anxious .

[PlanB]

Re: question for a friend please ?

The home to the bank is its security and if your friends were to pay less than the contractual amount then it (the bank) will free its security by getting a possession order and could sell it at auction for a much lower price than the property's worth, to cover at least the mortgage value.

. . . . Your friends must keep up the full mortgage payments whilst trying to sell it. £100 per month is less than a 1/4 of the mortgage so no a bank would not accept that. It would automatically go for a possession order as it may take your friends too long to sell the property.

^^^^ What a depressing post

Fortunately banks don't have the freedom to repossess a property without first and foremost complying with legal Pre-Action Protocol which ensures that repossession is only the last resort after giving consideration to other options including extending the term of the mortgage, changing to interest only payments, capitalizing the arrears (if there is equity in the property) and showing forbearance if there is potential for income improvement in the future etc.

Read this: https://www.justice.gov.uk/courts/pr...l/prot_mha#7.1

I note you advised our member to keep up the full mortgage payments. Can you tell me how they could do that if they haven't got the money?

Plan B x

[oscar]

Re: question for a friend please ?

^^^^ What a depressing post

Fortunately banks don't have the freedom to repossess a property without first and foremost complying with legal Pre-Action Protocol which ensures that repossession is only the last resort after giving consideration to other options including extending the term of the mortgage, changing to interest only payments, capitalizing the arrears (if there is equity in the property) and showing forbearance if there is potential for income improvement in the future etc.

Read this: https://www.justice.gov.uk/courts/pr...l/prot_mha#7.1

I note you advised our member to keep up the full mortgage payments. Can you tell me how they could do that if they haven't got the money?

Plan B x

Having worked in Mortgage Pre-litigation previously, I fully agree with PlanB's analysis.

[Helper2015]

Re: question for a friend please ?

^^^^ What a depressing post

Fortunately banks don't have the freedom to repossess a property without first and foremost complying with legal Pre-Action Protocol which ensures that repossession is only the last resort after giving consideration to other options including extending the term of the mortgage, changing to interest only payments, capitalizing the arrears (if there is equity in the property) and showing forbearance if there is potential for income improvement in the future etc.

Read this: https://www.justice.gov.uk/courts/pr...l/prot_mha#7.1

I note you advised our member to keep up the full mortgage payments. Can you tell me how they could do that if they haven't got the money?

Plan B x

Make your mind up Plan B, first you thank me 'interesting' then you turn the situation around by inferring a negative. I was merely telling the OP to be very careful so they do no lose out. Pre-Act Protocol costs money and will be added in any costs, as far as am aware it is not compulsory either, ie "2.1 This Protocol describes the behaviour the court will normally expect of the parties prior to the start of a possession claim within the scope of paragraph 3.1 below. 2.2 This Protocol does not alter the parties' rights and obligations." http://www.justice.gov.uk/courts/pro...ol/prot_mha#II . However, if the mortgagee were not to, any possession order attempt will make the bank look bad, in terms of abuse of process.

[Helper2015]

Re: question for a friend please ?

^^^^ What a depressing post

Fortunately banks don't have the freedom to repossess a property without first and foremost complying with legal Pre-Action Protocol which ensures that repossession is only the last resort after giving consideration to other options including extending the term of the mortgage, changing to interest only payments, capitalizing the arrears (if there is equity in the property) and showing forbearance if there is potential for income improvement in the future etc.

Read this: https://www.justice.gov.uk/courts/pr...l/prot_mha#7.1

I note you advised our member to keep up the full mortgage payments. Can you tell me how they could do that if they haven't got the money?

Plan B x

"If you're entitled to DWP benefits (as said below), your mortgage interest could be paid. " If their mortgage were to be paid by DWP this would help keep the home.

[Never-In-Doubt]

Re: question for a friend please ?

"If you're entitled to DWP benefits (as said below), your mortgage interest could be paid. " If their mortgage were to be paid by DWP this would help keep the home.

You do not get 100% mortgage payments via DWP though...... you only get the interest paid.

--> https://www.gov.uk/support-for-mortg...erest/overview

[PlanB]

Re: question for a friend please ?

My friend and his wife are struggling to pay priority bills right now , she is out of work with depression (not entitled to any help via benefits ) her husband is the only wage earner and altogether their total income is £220 a week ,already getting working tax credits , he is self employed and with her not working they can't afford to pay the mortgage

They have asked me to ask if if anyone knows PlanB usually comes to rescue

Do you know why your friend's wife is not entitled to any benefits if she is no longer working due to depression?

Maybe she should check that out on the Turn2Us Benefit Calculator http://benefits-calculator.turn2us.o...campaign=GovUK

If they don't want to join the forum them tell them to ring Shelter's free helpline for advice 0808 800 4444

http://england.shelter.org.uk/get_ad...rtgage_arrears

Plan B x

[Helper2015]

Re: question for a friend please ?

The charity Mind may also be a good agency to contact too. Calling a benefits' help line will be useful to clarify what benefits the OP should be receiving. The state has to support vulnerable persons which includes persons with disabilities who cannot work. As the lady has depression albeit not knowing if there is a documentation of this by way of a medical expert or even a GP's records should be a good argument for a related benefit, possibly income based ESA, subject to ESA Regulations' requirements.