Eviction due 30th april

[stevieo]

Dear all...am desperately looking for guidance if you can help me at all

I have a first mortgage with Skipton & a second loan with First Plus. I am in arrears with both have both lenders had a suspended PO in place. Due to my personal circumstances changing a couple of months ago I was no longer able to maintain the 2 arrangements & wrote to lenders advising of my decision to sell the house. it went on the market 4 weeks ago, viewings but no offers as yet.

Both lenders have decided to go for eviction & it is scheduled for next Weds. I have submitted an N244 with a hearing booked for 29th but I don't hold out much hope to be honest. I'm a single woman, no kids who has already vacated the house & gone to live with family as I cannot afford rent elsewhere. The sole reason fo me delaying the eviction is to maintain control of the sale process myself & try & salvage what equity is left. Sale value of house is circa £220k, total mortgages, inc arrears, £180k

I cannot afford any type of new payt arrangement & it seems the only option I have left is to try & bite the bullet & ask my parents if they'll bail me out on the arrears which total about £8k which will stop the eviction. I can then keep control of the sale process & hope that an offer comes in soon?

SBS have advised that they will market it through a local agency & at a genuine price (as opposed to taking it to auction) but I'm still concerned they could accept a much lower offer & my equity will disappear.

Has anyone got any other advice for me - good or bad?? My mental health has been very badly affected by all this & i just want to get shot of the whole problem now.

As an aside, First Plus also shocked me this week by adding £7k of "frozen interest" back onto my settlement figure which I knew nothing about! their letter says they "apologise if I wasn't made aware" but they decided to take that action over 2 years ago when I first started having problems paying my loan. In one letter they say my loan is not regulated by CCA therefore they are not required to send me regular statements etc... but in another letter they refer to "the settlement figure being calculated in accordance with CCA regulations" - which is it??

thanks again in advance of any help

[stevieo]

Re: Eviction due 30th april

in addition...I've just been reading on here about pre action protocols & reference to other options which must be considered on arrears - I did ask Skipton about capitalising arrears etc..but they said their policy is not to offer those options any longer plus...PAP's refers to possession steps NOT being taken if a borrower is actively marketing their house for sale , as I am? Can I revert back to the lender on this point do you think? Also, do First plus have to adhere to the same considerations do you know?

[Mr $quanda£ot]

Re: Eviction due 30th april

I would certainly query First Plus 'frozen interest' decision and demand an explanation. Let's see if there's a housing specialist on LB who could help you.

It's a bit late now but why did you take out a secured loan? Something I would never have done when I owned my property. Secured loan companies are much worse than mortgage lenders. They often charge higher interest rates than unsecured lenders and are very quick to repossess!

I am actually wondering whether the current housing market - especially in certain London suburbs - is the biggest bubble ever. Salaries have not been going up much since 2000, yet the house prices are rising on a daily basis. Where is all this money coming from? Surely things will turn nasty very quickly if/when interest rates start rising!

[FlamingParrot]

Re: Eviction due 30th april

I would certainly query First Plus 'frozen interest' decision and demand an explanation. Let's see if there's a housing specialist on LB who could help you.

Sadly that's not the case. I'm far from it, but there are resources out there.

It's a bit late now but why did you take out a secured loan? Something I would never have done when I owned my property. Secured loan companies are much worse than mortgage lenders. They often charge higher interest rates than unsecured lenders and are very quick to repossess!

It is, indeed, not the time to question that decision :mmph: the OP's reasons for taking out the loan are totally irrelevant to the issue they are dealing with. :tinysmile_hmm_t2:

I am actually wondering whether the current housing market - especially in certain London suburbs - is the biggest bubble ever. Salaries have not been going up much since 2000, yet the house prices are rising on a daily basis. Where is all this money coming from? Surely things will turn nasty very quickly if/when interest rates start rising!

Unless they live in London, I'm afraid this is of no relevance either. :rolleyes2:

As an aside, First Plus also shocked me this week by adding £7k of "frozen interest" back onto my settlement figure which I knew nothing about! their letter says they "apologise if I wasn't made aware" but they decided to take that action over 2 years ago when I first started having problems paying my loan. In one letter they say my loan is not regulated by CCA therefore they are not required to send me regular statements etc... but in another letter they refer to "the settlement figure being calculated in accordance with CCA regulations" - which is it??

thanks again in advance of any help

This would depend on the amount of the loan and when you took it out. Before April 2008, loans over £25k were not regulated. If your loan is regulated, you could apply for a time order, see this for reference: https://www.nationaldebtline.org/EW/...n/Default.aspx

in addition...I've just been reading on here about pre action protocols & reference to other options which must be considered on arrears - I did ask Skipton about capitalising arrears etc..but they said their policy is not to offer those options any longer plus...PAP's refers to possession steps NOT being taken if a borrower is actively marketing their house for sale , as I am? Can I revert back to the lender on this point do you think? Also, do First plus have to adhere to the same considerations do you know?

Repossession should always be the last resort. There are, indeed rules that lenders must follow. You may want to look at this: http://england.shelter.org.uk/get_ad...e_court_action

[smithyC1982]

Re: Eviction due 30th april

Hi Just wondered how you got on with your house! I hope everything went o.k and you have kept your home!

I am in the situation and wonder if anyone can advise me:-

DB mortgages have instructed there solicitors to apply for a eviction date to the courts.

Mortgage Balance:- £98,798.71
Arrears: £7,828.00
Outstanding Charges: £1,250.00

As they never received my income & expenditure forms back, within 10 days of them sending the letter dated 5^th march. I then received a letter date the 5^th April advising they have instructed solicitors to file for a date of eviction. So I sent the photo copy which they never received and attached a letter. I also rang them that night to advise of the situation.

I have been speaking to Shelter every day they have to submitted a proposal for payment to DB Mortgages for them to take to management and which they now declined. DB Mortgages are advising there is short fall from the two income forms by £11.00 before the proposal was submitted etc

I proposed to pay £815.00 on the 15^th April, catch up for this year as I missed February (paid £415.00 15^th April). When following on from this can we please carrying on with the arrangement of your taking a payment every 15^th of the month and make the new payment of £500.00 each month.

They have advised they will not withdraw the eviction until they see some evidence that my circumstance’s have changed and my payment history, Also they are worried about affordability.

I spoke to the father of the my daughter he is quite on concerned about the situation and has offer to pay the mortgage payments for me each and month and act a guarantee on the mortgage. DB have advised they would not consider this.

Shelter have sent new proposal today to pay £1415.00 as my friend has offered pay some arrears for me. Following on with a monthly payment of £500.00. As the latest payments I missed was December & February.

Problem is they say it’s the 6^th time they have applied for eviction (I’m only recalling three times), and I’m 15 Payments behind. The suspended repossession order is from 2008. I have sent a request for a Subject Access Request to see what’s on my account.

My Mortgage payment is £357.00 the agreement is to pay £415 each month.

I’m a single parent with a 23 month old daughter I work 30 Hours, this is making me so stressed. I know its all my own fault.

I have been the doctors as I cant sleep, can’t concentrate on work, getting pins and needs in my left side. The doctor has put me on anti depressants and given me sleeping tablets, also been referred for counselling and to a specialist in regards the pins & needles (I have a appointment on 9^Th May)

I have entered in a payment plan with Step Change few months ago to sort my finances out once and for all.

I have not received a eviction date yet as I know soon as I do I need to apply for a emergency hearing via N244 form