Arrears all paid but still being taken to court, MONDAY

[mizzizb]

I could do with some advice urgently please. I had some arrears with Barclays and they applied for a hearing for repossession, however I paid all of the arrears and am up to date with mortgage payments ( this months due in a week) . When I contacted them , by telephone they agreed to suspend the hearing ,so I didnt submit any defence . However this morning a package has arrived and it appears that the hearing is still going ahead scheduled for Monday at 3pm . Reading through some of the posts on here I am extremely worried especially as one of them looks similar to mine and the judge ordered a repossesion.
Can anyone help please?

[Ell-enn]

Hi there, don't panic - we can help you with this.

What exactly have you received in the post?

Kind Regards

Ell-enn

[mizzizb]

It says
'' We enclose by way of service the witness statement of **** *** on behalf of our client which we intend to rely on at the hearing of the mortgage possession proceedings .''

Does that help?

[Ell-enn]

Hi, this is usually sent just before a hearing. However, when did Barclays tell you the hearing was cancelled and did they confirm it in writing?

You will need to phone the court first thing on Monday morning to find out if Barclays have cancelled. As we can't find anything out until Monday I can write you a Statement to take to the court with you in the event that it is still going ahead. If it hasn't been cancelled you will need to attend the hearing otherwise you will have no control over what happens - Barclays will ask for possession in your absence and you will have to apply for another hearing to have it cancelled.

Kind Regards

Ell-enn

[mizzizb]

Barclays said in early March that they would put the hearing on hold , they didnt however back this up in writing , how stupid am I ? for believing them .

[Ell-enn]

OK, we need to get to work on the Statement in case you need it - I will need the following information:

Date the arrears were paid in full and amount- you will also need to affix proof of payment to the statement I send you (bank statement or any other receipt).

Date(s) of last payments and amounts - again you will need to affix bank statement or receipts

You can send me the info by PM if you want to keep amounts private

Try not to worry, when you phone the court you may well find that it has been cancelled but Barclays just haven't told their solicitors which is why the witness statement has arrived

Kind Regards

Ell-enn

[mizzizb]

I will send you a pm . I will however have to go to the bank first thing Monday and ask them to print me a statement of payments made , will that be acceptable ?

[Ell-enn]

yes that will be fine.

[sillygirl1]

Just in case be prepared to go to the court with evidence that is has been paid and ask the courts for a Notice of Discontinuation, that will stop the mortgage company going ahead with reposession immediately should you fall into arrears again - they will have to start from 'square one' again instead of 'square three....'

[Bona]

Also tell the Judge that they said it would be cancelled and ask that they not be allowed to put the costs on your account and that you have your costs. dont forget otherwise you will have another £300-£700 added to your account

[mizzizb]

oops

[mizzizb]

Thanks for this info . I have checked this morning to see if it is still listed and it is . I have a statement that Ell- enn has prepared but basically I am like jelly .
Barclays have been pretty horrendous to deal with as each person you speak to says something completely different to the last one . I really dont trust them at all.

[mizzizb]

Well the good news is that I still have my home , but I dont think that the judgement went entirely in my favour as the judge awarded a suspended possession for 12 months . I was also not awarded costs .
To be honest everything went so quickly that I didnt have time to be be either nervous or THINK!:o

[Bona]

Brilliant why did he suspend it wernt all the arreas cleared it will be interested in the Judgement If you dont owe anything were they awarded costs

[Ell-enn]

I'm sorry you didn't get the result you deserve, I think you have been very unlucky with the judge you had on the case. If there are no arrears there should have been no order. Wait until you get the written order from the court and we'll take it from there. A complaint to the FSA may be in order.

Kind Regards

Ell-enn

[mizzizb]

Yes all of the arrears were paid off . As Ell-enn says I will wait until I get the written judgement through and then go forward . I am just relieved so much . I may be able to sleep tonight .
Thanks to all for the support.

[Ell-enn]

You're welcome Mizzizb, I'm sure you will sleep well tonight, and tomorrow night and the night after etc etc.

Let us know when you get confirmation of what happened at the hearing.

Kind Regards

Ell-enn