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Urgent help needed please - mortgage arrears

Last post Tue, Aug 18 2009, 1:04 AM by access. 9 replies.
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  •  Tue, Aug 18 2009, 1:04 AM

    Re: Urgent help needed please - mortgage arrears

    Just in case you get a reasonable breathing space - CAB The last time I used them and I understood from them this was the standard system I queued up to see a general advisor who confirmed I needed a specialist, in this case a solicitor and the solicitor's day was nearly a week away and I was booked in for that. I accept there may now be specialist advisors on tap.
    • Post Points: 5
  •  Mon, Aug 17 2009, 6:55 PM

    Re: Urgent help needed please - mortgage arrears

    Thank you Huckster,

    My friend seamd to think that they didn't actually get a suspended repossession order last year, so I'm trying to get her to give me all of the paperwork from last year.

    I really appreciate you and the others guys taking the time to give me some advice on behalf of my friend

    John

    • Post Points: 5
  •  Sat, Aug 15 2009, 9:04 AM

    Re: Urgent help needed please - mortgage arrears

    John

    Hi

    Have a read of this link. http://www.justice.gov.uk/civil/procrules_fin/contents/protocols/prot_mha.htm#IDASHN4B

    This covers some of the issues, but is related to pre-court. This has already been to court, so I am not sure whether is relevant at this stage.

    As Redstone have a suspended repossession order, they don't need to go back to court apparently. They can issue the warrant. But as the Nino has suggested, it may be possible to come to an arrangement. If a payment of some of the arrears was made, would the court be willing to look at again.

    As you mentioned if your local CAB is not used, National debtline or http://www.insolvencyhelpline.co.uk/identify_problem/mortgage_arrears.php may be able to give advice.

    Huckster

    • Post Points: 20
  •  Sat, Aug 15 2009, 8:22 AM

    Re: Urgent help needed please - mortgage arrears

    Thank you Nino,

    That will be very useful, I think she's on interest only but not sure, so will try and have a sit down with her today

    John

    • Post Points: 20
  •  Fri, Aug 14 2009, 5:28 PM

    Re: Urgent help needed please - mortgage arrears

    She should go back to court (nip in to the county court, she will have to complete a form but she will get in front of a judge pretty quick) and ask the court to review the repayments.

    If the mortgage is on repayment, she should ask the court to consider allowing her to switch to interest only until such time her position improves. She has to be able to make payments that at least the interest charged.

    If she hasn't already she should ask the court to consider spreading the arrears over the remaining term of the mortgage, thereby reducing the amount she will have to pay over and above the interest charged. This is known as the Norgan minimum, and comes from a case called Norgan v C&G. In a nutshell the court stated that when considering over what period the arrears should be cleared, the starting point should be the remining term of the loan.

    I hope that helps!

    Nino

    • Post Points: 20
  •  Fri, Aug 14 2009, 4:55 PM

    Re: Urgent help needed please - mortgage arrears

    Hi Angela,

    many thanks, just had a quick look and there's some great advise on there which I read and pass on to my friend

    regards

    john

    • Post Points: 20
  •  Fri, Aug 14 2009, 4:47 PM

    Re: Urgent help needed please - mortgage arrears

    Hi Adventuras

    Shelter might be better placed to help your friend: www.shelter.org.uk

    HTH

    Angela

    • Post Points: 20
  •  Fri, Aug 14 2009, 4:22 PM

    Re: Urgent help needed please - mortgage arrears

    Many thanks Sparky,

    Our local CAB isn't a very good one unfortunetly, they don't have any one on site with much experiance, but I'll try and get her to call the national debt line, to see what they say.

    • Post Points: 20
  •  Fri, Aug 14 2009, 3:36 PM

    Re: Urgent help needed please - mortgage arrears

    They should seek advice immediately from their local CAB

    http://www.citizensadvice.org.uk

    They should do this before they fall behind following their earlier run in, but especially now.

    Phone them immediately.

    Sparky.

    • Post Points: 80
  •  Fri, Aug 14 2009, 3:30 PM

    Urgent help needed please - mortgage arrears

    I hope someone can help point me in the right direction,

    A friend and single Mother has a Mortgage with Redstone mortgages, last year she got a couple of months behind and Redstone had her in court for a repossession, this was delt with and she managed to get back up to date.

    Unfortunetly she had to have an opporation earlier in the year and being self employed she has fallen behind by 4 payments. Yesterday she has received a letter from redstones solicitors (HL Interactive) saying

    We are instructed on behalf of Redstone mortgages Plc

    We are informed by our client that you have failed to maintain payments in accordance with the suspended possession order made on July 2008 at #### county court.

    We are instructed that if the payment of £8,870.26 is not paid by 4.00pm on 19 August 2009 in cleared funds, we will issue a warrent of possession of the above property without further notice or referance to you.

    Any ideas of how to handel this will be greatly appreciated as she believes she can get some but not all

    • Post Points: 35