Author |
Topic |
|
Jackie
Starting Member
United Kingdom
42 Posts |
Posted - 25 March 2010 : 09:48:48
|
Please can someone advise me. Lastnight I recieved a call from Nationwide(we had our mortgage with them) Hubby and I went br in Dec 2009. He was from mortgage arrears and wanted to know if he could come up with a reduced payment for us, I explained about the br and that the or told us to pay nobody nothing. He says the house couldnt legally be involved in the br as it was unsecured debt only. I told him I would need to speak to my or and he said he would call back this evening to take a payment or we would face litigation(Im not even sure what it means) and that we would be taken to court and must vaccate propery immediatly. I have now not paid mortgage for 3 mths but only had one letter...Any advise please as I dont want the or to think Im some sort of stalker by calling him. |
|
Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 25 March 2010 : 10:56:19
|
Hi Jackie,
This sounds outragous.
The mortgagee cannot simply re-possess your property without first obtaining a possession order in the county court. From what you have described it appears that they have not done that.
You may wish to speak to the person who is dealing with your BR in the ORs office. I am sure they will guide you as to what is in your BR.
Do not be threatened by this jerk (technical term used in the legal and housing world!)
I would suggest that you make contact with the local housing department at your council and get yourself registered as a Homeless family. Do that today, explain your position and post back when you have done that so you can get more advice along the road.
Is there any equity in the property? Is there a second charge on the property and if so, is that account with any arrears?
Were you represented at your BR or did you petition yourself?
Try not to stress and post back with updates.
"There are no problems - only solutions" |
|
|
Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 25 March 2010 : 11:04:19
|
Jackie,
Just to say litigation means legal action against you - he/she appears to be trying to be a bigger jerk than I had first thought - I appreciate he/she is not a social worker, however they could at least try to be human...!! Makes me very cross.
Richard
"There are no problems - only solutions" |
Edited by - Housing on 25 March 2010 11:04:56 |
|
|
Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 25 March 2010 : 12:56:20
|
Jackie
obviously you are in a very precarious position but as Housing states these people are bully's.
The most annoying thing is that they will make all of these threats and then have to pass the file onto another department who may or may not attempt a possession order.
I take it that by reading between the lines you have accepted that the house will be included in the BR process.
I also understand that you will be more of a priority to the council housing department if you are evicted rather than just giving up possession.
As housing suggests Speak to both your local housing officer and the OR, The OR may be able to contact the council and support what you are saying thus assisting with re housing you.
If you are resigned to moving out, when the Jerk (a term i recognise as well so it must be a technical term in local Govt) calls back challenge him for a court date.
At court you will get a negotiated time frame to vacate the property.
If you are wanting to stay in the property you will have to negotiate with the very nice person who may be slightly misguided in his approach from nationwide about paying the arrears but do not be forced into paying more than you can afford
regards Richard |
|
|
Jackie
Starting Member
United Kingdom
42 Posts |
Posted - 25 March 2010 : 16:35:30
|
Thanks to all for your replys. Well I spoke to the or and he said if I want to stay in the house I need to come to an arrangement with Nationwide. My hubbys just been told from his director that he would have no prob giving him a full time/permanent job in 8 weeks(when his probation period ends)..which is brill. The or sent me a letter a few weeks ago asking us to buy the BI @£5220, we originally said we couldnt afford it but now that hubbys working I think we possibly could. The or did say on the phone that as long as we pay the £5220 before the end of the br and stick to a mortgage arrangements with nationwide. What I forgot to ask is. Should we get the BI and come to an arrangement with nationwide and stick to all payments is could the or still sell the house from under us in the future? xx |
|
|
Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 25 March 2010 : 17:05:28
|
HEY thats good news
include both OR and that nice man from nationwide into correspondence
as long as both can see that you are talking to each other it should move along smoothly.
jackie negotiate the amount that you are going to pay back and pay an amount each month on top of the mortgage, sometimes Nationwide will after 6 months of clean payments ask if you want the arrears added to the loan !
Get it in writing as soon as they agree with a set time frame again this will keep the OR happy
could end up a nice positive result pleased for you
regards Richard |
|
|
Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 25 March 2010 : 17:29:15
|
Hello again Jackie,
That does sound good, I am pleased for you and your hubby.
We purchased the BI in our two properties and had a positive valuation like you - my wife found the funds - even though it was a tad tight!!!
I wish you and yours well and post back if you have any concerns or want to share things or get ideas...
Regards, Richard
quote: Originally posted by Jackie
Thanks to all for your replys. Well I spoke to the or and he said if I want to stay in the house I need to come to an arrangement with Nationwide. My hubbys just been told from his director that he would have no prob giving him a full time/permanent job in 8 weeks(when his probation period ends)..which is brill. The or sent me a letter a few weeks ago asking us to buy the BI @£5220, we originally said we couldnt afford it but now that hubbys working I think we possibly could. The or did say on the phone that as long as we pay the £5220 before the end of the br and stick to a mortgage arrangements with nationwide. What I forgot to ask is. Should we get the BI and come to an arrangement with nationwide and stick to all payments is could the or still sell the house from under us in the future? xx
"There are no problems - only solutions" |
|
|
Jackie
Starting Member
United Kingdom
42 Posts |
Posted - 25 March 2010 : 18:19:06
|
Thankyou Again, Just spoke to Nationwide, he was really really nice, not like lastnight mind! I have given him £700 tonight and he wants £300 more on Monday(hubbys pay day) to bring the account out of arrears we have to pay £700 a month for 6 mths which would leave us with £1,537 a month to pay the or and get our food. I am so happy, to think we were living on £72 a week sometimes less since Sept. Thanks again, I honestly thought we were doomed and had given up all hope on everything xxx |
|
|
Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 25 March 2010 : 19:42:15
|
Jackie,
That sounds good - please post back as you need to - I look at this site most days - sometimes more than once a day!! (My wife thinks I am married to the forum!)
I will be happy to give you the benefit of my experience whenever you do post - also there are others that can give advice and share experiences.
Do not feel that you have nowhere to turn as you can always get a response or comment here!
Have a great weekend and if you do not post before a Happy Easter! Richard xx
quote: Originally posted by Jackie
Thankyou Again, Just spoke to Nationwide, he was really really nice, not like lastnight mind! I have given him £700 tonight and he wants £300 more on Monday(hubbys pay day) to bring the account out of arrears we have to pay £700 a month for 6 mths which would leave us with £1,537 a month to pay the or and get our food. I am so happy, to think we were living on £72 a week sometimes less since Sept. Thanks again, I honestly thought we were doomed and had given up all hope on everything xxx
"There are no problems - only solutions" |
|
|
|
Topic |
|