First Plus / Eversheds Court 12th August

[Nearly Here]

In short: Been runnimg my own Ltd company, but due to slow payers etc got into trouble. First Mortgae with GE hit 6K in arrears, Loan with First Plus hit a similar figure.

Just started now working full time for another company and get paid a good sum at the end of the month, wife is also now earning. GE arrears now down to £200, will be zero at the end of the month
Been talking to Eversheds about situation and asked for a copy of the signed loan agreement as I have the option to bundle the 2 loans together. I wanted the agreement as I need to know about any settlement clause.
This morning we each had a defence claim form Eversheds and I'm in court Tuesday for a repossion hearing. In the paperwork, they have not got any signed paperwork by us. The figures quoted say that a setlemnt figure of 0ver £100K will be reduced by £30K, leaving a figure of £74K. We borrowed £56K 7 years ago on a 15 year deal. For 6 years we had a faultless repayment history. From the end of the month I can start paying First Plus the full amount plus £100. At the end of September it will be £300 on top of the basic.

I've had nothing from the court what so ever.
1/ Wat the hell do I do?
2/ How long will it be from a court hearing to eviction? (We have 2 children, 4 and 6 years old?

[Ell-enn]

Hi there, firstly, don't panic. What exactly is the defence form you have (there should be a number on the top N11 or similar). We can do a defence for you to take to court with you and hand to the judge. If you have an income and can prove you can maintain payments towards the arrears going forward then there is no way the lender will get possession, so try not to worry too much.

Kind Regards

Ell-enn

[Nearly Here]

Thanks Ell-enn..

No number, the cover letter is titled as a witness statement. Attached is the pariculars of claim, copy of land registry title, un-signed terms and conditions, and a copy of a default notice dated December 2007.

I am now in full time employment, and have 2 pay slips. The wife is also now earning and can prove that income going forward.

For the wifes (and mine) peace of mind, if the worst happened how long would we have before the big eviction?

[Ell-enn]

Hi there, I don't think you have anything to worry about regarding eviction. There is no way a judge will grant possession to the lender at the first time of asking - especially as you are both working and can maintain payments going forward. I have been involved in possession cases where the situation is much much worse than yours and they have kept their homes.

I am concerned that you have not received the court claim papers though - they are normally issued approx 6 weeks before the hearing. However, no matter - we can get a defence together for Tuesday. There is case law we can use to support your defence and as you also have young children in the home this will make a difference.

I will start to draft one for you this afternoon - as I am using my home PC I will need to use Open Office for the document as my Microsoft Word isn't working for some uknown reason - but you will be able to open the document using Word.

OK, some information I will need for the defence:

What is your normal monthly payment?
How much can you afford towards the arrears each month on top of the normal payment?
When and how much was your last payment?
When will the next payment be?
How old are your children
Do you have contracts/offer letters from both you and you're wife's employers to confirm you are employed?

Please try to stay positive - you will not be evicted!

Kind Regards

Ell-enn

[Nearly Here]

Normal payment is £731, of which we can pay £100 more.
Last payment was £450 in March.
£831 will be paid at the end of the Month and Monthly after.
Children are 4 and 6 years old.
I have a contract letter of employment.
Wife has confirmed bookings through to June 2009. (we host foreign langage students)
My Ltd company is owed over £10,000. I don't hold much hope of recieveing this but if I did then after tax etc, balance woud be paid direct to First Plus
Arrears to GE mortgage are almost cleared which will reduce my payment to them by £286 per month. I don't want to promise this in addition to £100 in case of rate rises etc, but would consider this. To be fair to GE they were very understanding in my problems and although they commenced court proceedings these were quickly halted.

Just to add, First Plus have not confirmed how much I orignaly borrowed, I have not got a signed form from them and the figures within the Witness statement do look open to question.
Thanks Ell-enn

[Ell-enn]

OK, that's great. While I'm working on the defence can you gather together all these documents :

Your contract letter of employment
Your wife's list of bookings
A summary of what the business is owed

Can you also download and complete a budget sheet from here: National Debtline England & Wales | Personal Budget Sheet
(it's best to do a draft first to make sure you get your figures right before printing off the final copy). You should include the extra you are paying to GE in the monthly payment you show on the budget sheet, as you say - if interest rates increase then you may not have that amount spare. However, if things stay the same there is nothing to stop you making additional payments to First Plus as and when you can after we have the offer you are making confirmed in court.

Be back later this afternoon with your defence.

You will be ok, honestly

Kind Regards

Ell-enn

[Nearly Here]

Hi Ell-enn.
Items 1 to 3 are on my desk, budget sheet being filled in.
Thank You

[Ell-enn]

Excellent, I will be back later this afternoon with your defence. (Need to go shopping!)

Please stay positive - you have every chance of success with this case and I am confident the outcome will be in your favour

Have a read around the repossessions forum at previous cases and you will see that you are in a favourable position in comparison to some.

Ell-enn

[Ell-enn]

Hi, affixed is the defence statement for court. You just have to fill in the information where I have indicated either in brackets (remember to delete the brackets) or where I have put XXX's.

Where I have referred to Appendices, you need to write the claim number on the top left hand corner and the Appendix number on the top right hand corner of each corresponding document.

Once you have the papers in order, you will need to photocopy three sets, one for yourselves, one for the judge and one for the other side.

If you have any further queries, just shout.

Kind Regards

Ell-enn

[Ell-enn]

Affixed is the information on the Norgan case law which I have used in your defence. You should read this and take a copy with you in case you need to refer to it.

Ell-enn

[Nearly Here]

Ell-enn.

From all my family, a big thank you. I will keep you updated.

[Ell-enn]

You're very welcome, I'm happy to help. Let me know if there's anything else you're unsure about.

Just to let you know what to expect at the hearing: the case will be heard in a private room with just yourselves, the judge and a representative for the other side. There is no public admittance. You will find that the judge will understand that you have no experience and will guide you through the process which should take no longer than 5 - 10 minutes. When addressing the judge it should be Sir or Madam. Try to remain calm and speak slowly and clearly when asked a question.

You will probably find that there will be several cases scheduled for the same time, as a lot of people don't show up to defend! (). The other side's representative (usually a cocky just-qualified junior!) may approach you to discuss the case - it's your choice if you speak to them or not, but it's best to say you'd rather wait for the hearing and let the judge decide.

Don't forget to post your good news as soon as you can

Kind Regards

Ell-enn

[Nearly Here]

Will do,again, Thank you

[Nearly Here]

Do you think I should mention about the fact that I've requested a copy of the laon agreement but that they are unable to produce it?

[Ell-enn]

The judge will ask their representative if they have the deed (different to the agreement) you signed to secure the loan on the property. They need to have that in court - if they don't you can let the judge know you have asked for the agreement. If they have a copy of the deed then as far as the court is concerned you owe the money.

Ell-enn

[Nearly Here]

Hi All
Quite painless. 28 days suspsended order.
Eversheds rep spoke to me be before the case, Norgen case was taken "as read" by him in that my offer of £100 would pay off the arrears within the mortgage term.
Judge also agreed with this but made provision for a review in 6 months. Judge also gave a first payment date at the end of September to allow me some breathing space.
Again, thanks ell-enn