Scottish and English debt laws are different, so if you are a Scottish resident and have questions on debt, then this is the place to post.

Moderators: TalbotWoods, JaneClack

By soreback
#37321 Hi everyone.. Just found this site .Wow

We have just arrived home to find a citation from "The Abbey's" lawyers.

Last year was a horrible one for us, a death in the family , being made redundant & my wife suffering from depression. We managed to get jobs in late November and are now starting to earn again.

We have arrears of £2600 on our mortgage. Our monthly payments are £470.00 and have around £50,000 outstanding. House would be worth around £85-90k.

We intend to pay the Abbey £500.00 for the next 2 months and then increase it to £700 ongoing till our debt is clear.

My wife just phoned the solicitor that Abbey is using to tell them this and they were not interested.

There is no way that we can pay them the arrears in one go.

Will they manage to chuck us out??
By Mel_Odious
#37323 Sorry but it is best for our Scottish Adviser, JLP to answer you but it may be a wee while till she appears. Apart from working in Debt Advice in Scotland she also has a home and bairns to care for. Try a PM to her and she may be notified and get back to you.

Mel
By JLP
#37428
soreback wrote:Hi everyone.. Just found this site .Wow

We have just arrived home to find a citation from "The Abbey's" lawyers.

Last year was a horrible one for us, a death in the family , being made redundant & my wife suffering from depression. We managed to get jobs in late November and are now starting to earn again.

We have arrears of £2600 on our mortgage. Our monthly payments are £470.00 and have around £50,000 outstanding. House would be worth around £85-90k.

We intend to pay the Abbey £500.00 for the next 2 months and then increase it to £700 ongoing till our debt is clear.

My wife just phoned the solicitor that Abbey is using to tell them this and they were not interested.

There is no way that we can pay them the arrears in one go.

Will they manage to chuck us out??



Hiya

Is it Aberdeine Considine and Co that are the solicitors? They can be difficult to deal with if you are the client, but could be ok with Debt Advisors.Go and see one FACE TO FACE, not Payplan in this case as you need someone on the ground so to speak.

http://www.moneyadvicescotland.org.uk/ - will give you an advice agency in your area.

You have LOTS of options. What I am finding with the Mortgage lenders is that they will proceed with the Court Case and get a decree against you, but will accept an arrangement.The purpose of this is to have the decree on file and enforce it if you break the arrangement by one second.

It doesnt necessarily mean you will get chucked out, but get advice and tell any agency that you need an URGENT appt.Most will give you one.When is the calling date?

YOu could go to court and explain the circs- but I seriously wouldnt do that without advice. If you google the Mortgage Rights Act (Scotland) 2001, you have the right to ask the Court to make a suspension order delaying repossession. You may need to be referred to a Solicitor but contact someone URGENTLY.

Good luck and let us know how you get on
By soreback
#37484 Thanks for your reply.

It is Aberdeen Considine, how did you know?

The calling date is in two weeks time.

My wife just called the abbey to make this months payment and got put through to Aberdeen Considine who told her they will not accept payment.

Its alomost as if the abbey does not want to get paid now.
By JLP
#38006 I deal with Aberdeine Considine a lot and they are the main Grabbey solicitors.Did you contact a Deb Advisor/Solicitor? You need advice on this, and make the payment anyway to show willing, looks better in Court if you have to go.
By soreback
#38016 We went to the local cab office this morning and they told us to write a letter to Aberdeen Cons.

I also had a long call with Luke from payplan this morning and he reckons it would be better if my wife's debts were included in a joint plan.

The cab said they will help with the court procc.
By soreback
#38017 I forgot to say that we really dont know how to get the abbet to accept this months payment. Any ideas?
By JLP
#38023
soreback wrote:I forgot to say that we really dont know how to get the abbet to accept this months payment. Any ideas?


Do you have an account no to pay in the Mortgage? Or send them a cheque and enclose a letter (and keep a copy) and send recorded delivery that you paid the Mortgage this month. See if they cash it. It means that they ARE accepting by default if they cash your cheque if you see what I mean (although they will want more). If they dont cash your cheque and you can prove that you have sent it, it will make them look unreasonable to the Courts-can you also make some payment towards the arrears, even if its small.

Its all about trying to prove that YOU'VE been reasonable and tried to deal with your debts and they havent......... :D