Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Your post is headed 'possession claim' so is this a claim for a charging order on your home? If so, have you already got a CCJ for the debt?
If you can post a few more details regarding the debt (eg loan, credit card, overdraft etc & the sum involved) & also a copy of the POC sent to you (remove your personal details before posting) it would help CAGers to offer advice.
The form title sent is Claim for possession of property.
They have a legal charge on the property. I am unsure of the type of mortgage as in some places it just says mortgage and others it says an overdraft secured by mortgage. I will start to scan the POC now but there are a few pages so may take a while.
We have no CCJ for any debt regarding this.
The amounts involved are in excess of £390,000. If you require the exact amount i can PM you with this.
Do you need the contracts that are attached to the POC as well??
I have also noticed under grounds for possesion it is stated as other and is "failure to pay sums due under a legal charge when demanded".
The form title sent is Claim for possession of property.
They have a legal charge on the property. I am unsure of the type of mortgage as in some places it just says mortgage and others it says an overdraft secured by mortgage. I will start to scan the POC now but there are a few pages so may take a while.
We have no CCJ for any debt regarding this.
The amounts involved are in excess of £390,000. If you require the exact amount i can PM you with this.
Do you need the contracts that are attached to the POC as well??
Don't need exact amount, don't need contract docs. but would help if you could give a bit of background info eg. is this just mortgage arrears, was the legal charge in respect of overdraft etc?
Judging from the documentation, you are in arrears with the mortgage and the lender has taken you to court to secure a possession order for those arrears.
First things first, a possession order does not mean eviction straight away, it is an order for possession of the property but it can be suspended in different ways.
Secondly, can you pay the mortgage? what is the reason for the arrears and is there a likelihood that you can pay them?
The reason for the arrears is that i used the mortgage to purchase a development plot. The agreement with Yorkshire Bank was to provide an overdraft facility for 12 months in which the interest would roll up. after the purchasing the development property there were complications regarding an indemnity policy for a covenant, & in which i found out i do not have cover, nor can i get it. Which in turn prevented the finance for development with Natwest. As this was going to be my employment i had no work, and could not make payments to the account. The legal issues regarding the land is currently in dispute between solicitors.
I have just started a contract last week(as i am self emplolyed) Which will pay me enough to cover the interest on the account & proberly about £50 - £70 towards the arrears.
I did write to the solicitors and explain when they demanded the full amount that i was unemployed and could only pay a tiny amount and i would contact them when i found employment. The court papers obv arrived before i had chance to inform them.
The property has been on the market since the beginning of the agreement & is priced to sell. I also noticed in the POC in section 5(b)(v) it states "the bridging facility was for a period of 4 months and the defendants agreed to repay the total amount outstanding under the facility following the sale of the property" The property has not sold as of yet.
The POC are also not truly honest, The origional offer was not taken out and the agreement started in November. The increases in the facility were not requested by myself but were done by yorkshire bank to allow the interest to be rolled up as agreed. The overdraft was for £375,000 in november the ammount borrowed was 360,000 which allowed 15,000 for interest. Yet they stated in 12 months i would need to repay £405,232 - there for the limit they set would never cover the interest for 12 months. Yorkshire banks response to this was they did this & reviewed the account every three months to increase the limit. This is where the increases in the account occured.
If there is anything else you would like to know please ask.
Can i request that the person who set the agreement up, be present in court. As he is obviously mis informing his solicitors & they do not know the what they are writing.
Can i request that the person who set the agreement up, be present in court. As he is obviously mis informing his solicitors & they do not know the what they are writing.
Hmm, unlikely, unless you are actually disputing the terms of the possession order.
Given you are making a proposition to pay the interest and an amount from the arrears the judge is likely to look favourably on this and also that you are trying to sell the land, he will want to know why Yorkshire Bank wants to repo?
It may be that they don't but just want an order to strengthen their position with you.
When did you make the offer and have they refused it and said why?
As to the person who set up the agreement, the possession hearing is not that type of hearing, they'll send a representative, probably not even a solicitor, you will need to attend.
If you choose to defend the action, you will need to lodge a defence, careful as this can be costly if you lose as you could find yourself out of pocket for Yorkshires cost as well.
The particulars of claim you say are wrong, do you have the paperwork to back that up? Whats the date of the signed mortgage deed and the offer that went with it.
You could dispute it but be aware this is a technicality and often viewed as a stalling tactic.
The important bit to me is your proposal, if you are covering the interest and offering to decrease the arrears until sale, there isn't really any reason for them to enforce the order, more likely they will agree an SPO (suspended possession order) on this basis. That means you will keep paying on the proposition you've put forward until either the debt is paid or you sell, depending on what you put forward.
You must keep up those payments though, if you fail, they have the right to enforce the order, which means they don't need to go to court again, they just apply for a warrant from the bailiff to reposess. You can try to get that held off with an application but unless at that stage you look to reduce the arrears substantially, most companies won't listen.
All told I would suggest contacting them with the proposition and seeing what they say.
Ok i am filling in the defence form, and am stuck on question 6.
"Do you intend to apply to the court for an order changing the terms of your loan agreement (a time order)?"
There is no repayment plan agreed between the parties when the nil payments ended so i don't know how to answer.
The short answer is no you are not applying for a time order, that's a very specific piece of legislation which alters the terms of the contract so you agree to repay over a fixed period or give up the security, carry on with the rest of the form.
Simply filing a defence often gives companies time to pause and pass you to the defended litigation team who may listen a tad more than the normal collection peeps.
Urgent: Recieved Possesion Claim
. The hearing is on 27 July 2009.
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Originally Posted by themonster
