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Jackie
Starting Member
United Kingdom
42 Posts |
 Posted - 09 March 2010 : 17:51:26
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| Hi all, My hubby has just started a 3 mth contract as he has been out of work since Sept. My council housing officer has told me to start to repay our mortgage. Again I explained I cannot and she has told me they wont help as Im unwilling to pay and we have done this intentionally. Please can you tell me what I should do, who to speak to? This woman is driving me mad and when I asked to speak to someone else they tell me to stick with this one although she knows nothing about br folks. Ive given her evidence of everyone Ive contacted about private lets but they wont touch us due to being br. Her parting words were " start paying for your house as we have no duty to rehome you and your family as you are not willing to pay your mortgage. |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 09 March 2010 : 18:51:22
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Hi
Sorry to hear of your frustration with your local council.
Can you expand a bit - what are the circumstances - are you BR? Are you applying to the council as a homeless family? Are there any arrears with your mortgage? If so, has the lender started any action? Is there a second charge?
If you come back, I will see what is the best option for you
regards, Richard
"There are no problems - only solutions" |
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Jackie
Starting Member
United Kingdom
42 Posts |
Posted - 09 March 2010 : 21:42:01
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Hiya Richard,
We both went br on 22 Dec. My hubby has been out of work since Sept but managed to secure a 3 mth contract starting last week. I went to the council and spoke with a housing officer a few weeks ago. We told her about the situation but didnt advise much. She did call our or and did send us a letter reminding us to pay our mortgage even though we told her the or has told us not to.. We were on a mortgage hol and it ended Jan 2010. Today I got a letter from the mortgage company asking us to pay. I informed the or and spoke to the housing officer as it said "steps will be taken to recover monies/property. She informed us that as my hubby is now working we must pay our mortgage as this will be seen as us just simply not bothering and expecting the council to house us.(2 kids 13 and 9) I have given her details of everyone I have contacted to get a private rental but because we are br nobody will touch us. I really dont know what else I can do, I asked to have another officer and was told to stick with the one Ive already got as she knows our situation...(clearly this one doesnt have a clue). We are not allowed to bid for empty properties as we can afford to pay our mortgage....I really despair, its one big circle. Any more advice would be great. I wish I could take you with me lol.
Jackie |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 09 March 2010 : 22:48:02
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Hi
I will give it some thought and post back tomorrow.
Richard
quote:
Originally posted by Jackie
Hiya Richard,
We both went br on 22 Dec. My hubby has been out of work since Sept but managed to secure a 3 mth contract starting last week. I went to the council and spoke with a housing officer a few weeks ago. We told her about the situation but didnt advise much. She did call our or and did send us a letter reminding us to pay our mortgage even though we told her the or has told us not to.. We were on a mortgage hol and it ended Jan 2010. Today I got a letter from the mortgage company asking us to pay. I informed the or and spoke to the housing officer as it said "steps will be taken to recover monies/property. She informed us that as my hubby is now working we must pay our mortgage as this will be seen as us just simply not bothering and expecting the council to house us.(2 kids 13 and 9) I have given her details of everyone I have contacted to get a private rental but because we are br nobody will touch us. I really dont know what else I can do, I asked to have another officer and was told to stick with the one Ive already got as she knows our situation...(clearly this one doesnt have a clue). We are not allowed to bid for empty properties as we can afford to pay our mortgage....I really despair, its one big circle. Any more advice would be great. I wish I could take you with me lol.
Jackie
"There are no problems - only solutions" |
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Jane.l
Average Member
511 Posts |
Posted - 10 March 2010 : 08:11:54
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This woman sounds like a right jobsworth. We had no trouble at all getting a council house, no checks were done regarding our bankruptcy or house repo.
I think if I were in your position, I would be inclined to write EVERYTHING down and write to the head of the housing, in effect go above this woman's head, if you cannot afford your house, you cannot afford it and the OR agrees with you and has told you not to pay, you will be just chucking good money away. I cannot see how not being able to afford to pay the mortgage and pay for essentials is classed as making yourselves intentionally homeless?? 
I just think maybe housing is in short supply and this woman is doing her best to "put you off"
As I said, I would be going above her head in this matter, your needs are more important |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 10 March 2010 : 16:28:20
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Hi
Sounds as though your council are playing to the letter of the law rather than the spirit.
If I understand your situation, you are struggling with a property that probably has negative equity - is that right?
I am assuming that whilst your husband has employment and the mortgage is "interest only" that you can afford it - but have decided that due to all the stresses surrounding your life, then you are wanting to let the property go - is that correct?
Are there any arrears on the first mortgage?
Is there a second charge - if so, are there any arrears on that?
My view is the council are under a legal duty under Homelessness legislation to consider an application from you as a family who are in a position that you are not able to deal with and as such, are "threatened with homlessness".
That being the case, they must make suitable enquiries and give you a written decision - a determination - setting out what they consider to be their legal duties.
The law is grey and there are thousands of "cases" that are referred to the courts every week and you are able to challenge them and, in my view, with a good representative (Shelter or the CAB) then you could easily win.
The council has a duty to provide advice and assistance. It seems to me they see their duty as minimal and are of the view that there is no duty to offer anything by way of alternative accommodation. That is a narrow interpretation of the law as I see your situation.
If you can answer the couple of points I raise above then I will be happy to make some further points for you to submit.
Please do not despair and be strong with the council. Any decision can be investigated by a more senior officer in the council after they have issued their S212 (I think) notice
Come back and I will try to help you further.
Regards, Richard
quote:
Originally posted by Jackie
Hiya Richard,
We both went br on 22 Dec. My hubby has been out of work since Sept but managed to secure a 3 mth contract starting last week. I went to the council and spoke with a housing officer a few weeks ago. We told her about the situation but didnt advise much. She did call our or and did send us a letter reminding us to pay our mortgage even though we told her the or has told us not to.. We were on a mortgage hol and it ended Jan 2010. Today I got a letter from the mortgage company asking us to pay. I informed the or and spoke to the housing officer as it said "steps will be taken to recover monies/property. She informed us that as my hubby is now working we must pay our mortgage as this will be seen as us just simply not bothering and expecting the council to house us.(2 kids 13 and 9) I have given her details of everyone I have contacted to get a private rental but because we are br nobody will touch us. I really dont know what else I can do, I asked to have another officer and was told to stick with the one Ive already got as she knows our situation...(clearly this one doesnt have a clue). We are not allowed to bid for empty properties as we can afford to pay our mortgage....I really despair, its one big circle. Any more advice would be great. I wish I could take you with me lol.
Jackie
"There are no problems - only solutions" |
Edited by - Housing on 10 March 2010 16:29:53 |
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Jackie
Starting Member
United Kingdom
42 Posts |
Posted - 10 March 2010 : 17:00:00
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Hiya Richard,
We have now missed 3 mths mortgage payments, theres no second charge on the property. We got offered the Bi couple of weeks ago but it was just over £5200...we dont even have £1000 in the bank so there was no chance. We got it for £90,000 and it got valued @ £87500 a few weeks ago. We could afford the mortgage payments now, but its a 3 mth contract my hubbys on and would die if this were to happen again. I dont know if there is a dept in the housing office that deals with br or that sort of thing, but I seriously believe this woman doesnt have a clue what is going on.
Do you think I should write to the housing manager? I have asked for someone else but she is having none of it. All she constantly goes over is 1. Pay your mortgage 2. How on earth did you 2 get in this mess and then we get how much we owe and to who.....its just like being in with the court clerk but on a fortnightly basis.
I have also been told that Nation wide will be starting to get the property/or monies owed........Having a nightmare this week x |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 10 March 2010 : 21:18:31
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Hi
A couple of things here to think about:-
If the neg equity is £2.5K why is the OR wanting some funds from you?
You may want to get another valuation done by a local estate agent (independent, not a large corporate co) Has the OR seen the existing valuation? You can challenge them if you feel they have overvalued the property
Its difficult to know what is best - I would only recomend buying the BI if you can afford the repayments every month - otherwise the stress is not worth it.
On the basis that you are maybe not going to try to keep the property, I would set out a strongly worded letter to the Head of the Housing Department saying that you have no faith in the officer allocated to your case. Say what you feel that she appears to be making value judgements and is not taking my situation as a whol;e into account. You have every right to do that. You could copy it to your councillors too - they will put pressure on the Head of dept.
Do you have any medical issues? I am thinking of stress related/depression - if so, get your GP to write to the Housing Head too - all carries weight.
Please stay strong - post back as often as you need to.
Is anyone advising you on your BR - did you use an advisor or are you acting for yourselves?
Best regards, Richard
quote:
Originally posted by Jackie
Hiya Richard,
We have now missed 3 mths mortgage payments, theres no second charge on the property. We got offered the Bi couple of weeks ago but it was just over £5200...we dont even have £1000 in the bank so there was no chance. We got it for £90,000 and it got valued @ £87500 a few weeks ago. We could afford the mortgage payments now, but its a 3 mth contract my hubbys on and would die if this were to happen again. I dont know if there is a dept in the housing office that deals with br or that sort of thing, but I seriously believe this woman doesnt have a clue what is going on.
Do you think I should write to the housing manager? I have asked for someone else but she is having none of it. All she constantly goes over is 1. Pay your mortgage 2. How on earth did you 2 get in this mess and then we get how much we owe and to who.....its just like being in with the court clerk but on a fortnightly basis.
I have also been told that Nation wide will be starting to get the property/or monies owed........Having a nightmare this week x
"There are no problems - only solutions" |
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told me to start to repay our mortgage
