How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I have been issued with a letter dated 24-08-2015 stating if

Resolved Question:

I have been issued with a letter dated 24-08-2015 stating if I do not pay the arrears on my mortgage I will be issued with a Warrent for Possession with out further reference.
I have had a serious of problems, flooding, break-in by the police and serious injuries,
which I have just put right at my own expense and my injuries are progressing well.
Can you advise what options are available for me please?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I have a claim in Court for the damage but this is taking forever to proceed.I got an infection from the water damage and was in and out of hospital for three years five weeks each time on intravenious antibiotics, I fell 4 metres trying to save a cornice in my 200 year listed building and broke my fot and ankle badly, I have had two operations and quite a few years recoving. I slipped and fell due to poor balance and have had brain injury now aabout 80% recoveered. I got no help from the agents of the building while the water contined to flow oer many years. It is very hard. I paid for the reinstatement of everything myself it took forever and while more water flooded ever more repairs. I now have all put to rights and am weeks awayf rom either renting or selling and would like a little more time to complete packing cleaning and moving out for a time.
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
How much are your arrears and how long is left on the term please?
Customer: replied 1 year ago.
Arrears £92,000.
I am unsure of time, about 5 years.
Expert:  Ash replied 1 year ago.
Were you not insured for the incidents?
How much is the property worth?
Customer: replied 1 year ago.
It is a leasehold/joint freehold building. The insurance is covered by the company managed by the agents.
The agents ignored my pleas for help. I suddenly collasped and went into hospital with the infection water still flowing. Then in and out working to repair when back from hospital, then back to hospital again.
I am not given notification of anything except claims for service charges and recently; last few weeks; work starting on the common parts of the building (they started last week). I have no idea what the decoration or repairs will entail or the cost?
It is worth plus or minus £2 million.
Expert:  Ash replied 1 year ago.
Have you spoken with the lender? How much can you afford to pay them?
Customer: replied 1 year ago.
I am completely broke at present with repairing everything. I then had a break-in by the police; some member of the public said they hadn't seen me in a while apparently! They smashed a large set of french doors and five 'new maghoganey paneled doors', an expensive vase and a container for files. This has been paid for by the insurance but it took 7 months to remake the doors etc and have them fitted'. This has stopped letting or any thing else progressing.
I have not had compensation for the vase etc as I it comes under contents insurance i reported it to my contents insurer and haven't had time to follow it up..
I have to speak with their legal representives. it is from them I received the letter before action. They are paid £280-00p per month at present but the amount due per month is £2055-09p Plus £6600-00 towards arrears. I can get £4000+ per month vai renting dependant on whether short or long let.
Customer: replied 1 year ago.
Correction: £2055-09p plus I thnk 3139+/- for something & £600-00p towards arrears!
Expert:  Ash replied 1 year ago.
Ok, how much can you realistically afford?
Customer: replied 1 year ago.
Alex until I Let my property and get a minimum of three months up front I am completely stuck due to illess and injury. from the fall
I am owed money which should come with in the next 2/4 weeks which meeans I could pay possibly a month until I let the property. I am waiting to see if they will allpw me to change product as they called it or not. I am working to get further money which would completely balance my situation but I would need an arrangement to repay or put it on hold until the outcome of the Court case or whatever is possible. The legal team have been reasponable until now. I am so close to the end of the drama ;weeks away; it is very sad and depressing to have this sudden outcome.
Expert:  Ash replied 1 year ago.
Its bad news then I am afraid. If they issue proceedings you can defend it, but only on the basis that you can afford the repayments. The Court must be satisfied that there is a reasonable prospect that you can pay them off.
Given you cant afford anything at the moment I think this may be difficult. However your only saving grace is that the property is worth £2m and you only owe £92k.
So you need to ask them to consider repayment proposals, if they refuse and issue proceedings you can bring this to the attention of the Judge. But you need to make sure if it goes to Court you can repay the arrears, otherwise sadly you may just be delaying the inevitable.
The test is can you reasonably afford repayment of arrears.
I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Thank you. I simply want the truth.
Do you think that the fact I have a claim in Court will have any effect on the outcome ie; delay action?
Do you think that the proposal to let the property which would cover the repayments is realistic? I can let within weeks.
There is already demand and I have it with agents.
Expert:  Ash replied 1 year ago.
Sadly just because you have a claim wont delay anything, unless it has been set down for trial.
You can only let if your lender conditions allow it. if you are confident within a few weeks it will be let then that will certainly help.
Does that clarify?
Alex
Customer: replied 1 year ago.
Should I apply to the Court for action on my trial asap?I never heard of change of product until the manager at the legal team mentioned it and I understand they are asking the mortgaees for their views/permission?
Expert:  Ash replied 1 year ago.
I understood you have already issued proceedings.
Its a slow process:
1) Claim is issued
2) Defence is submitted
3) Directions Questionnaires sent
4) Matter is allocated to track
5) Directions given
6) Case Management Conference
7) Pre Trial Review
8) Trial
Alex
Customer: replied 1 year ago.
I am unsure where my case is on your list. I think it is just prior Case Management Conference.
Would it help/speed up the action,
if I applied to the Judge for action and told him of my situation?
Expert:  Ash replied 1 year ago.
No, that won't make any difference sadly. But the closer it is to trial the better.
Can I clarify anything else for you?
Alex
Customer: replied 1 year ago.
Alex, Thank you. Your answer/s make my situation really desperate.
I thought perhaps the Judge could hold things or give me more time.
Do you think the Judge c/would give an extra two months, if I went before him and explained the situation in full?
Or is the situation completely within the power of the Mortgagees and the recommendation of their legal team.
Expert:  Ash replied 1 year ago.
It up to the Judge, you will have a chance to explain if it gets that far.
Alex
Customer: replied 1 year ago.
Alex, I think you have given me a clear understanding. Thank you.
I will read your comments and think what is the next best course of action.
I am satisfied for this moment with your responses.
I may return as the situation progresses. Thanks again.
Expert:  Ash replied 1 year ago.
Of course.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I am finding it difficult to find where or how to RATE you. Also, the system kept cutting out. i found from your questions eventually it suggested "log-in" which seemed to work. It make things stressful. How ever I am very happy with the efficiency of your responses and I will act accordingly. Where ever the rating system is if you can put really helpful, efficient and professional. I will keep trying nevertheless to find where and how to RATE you.