Thank you in advance to all who not only read this thread but to those who can help me navigate through court forms, lingo and Mortgage arrears to keep my family in our home.

My First contact with Ascent Legal was on the 28th December 2016, when I called them in a response to a letter they had sent regarding the above.

They informed that they had contacted the courts and was awaiting a court date.

No date had been set yet and I said I would call them back once I had received the paperwork,

the person I spoke to took my email address to send me a income and expenditure form.

Which he did send straight away.

Included in the letter dated the 22/12/16 was the following:

- A statement of my mortgage account which reads

'Thank you for your recent enquiry' dated 6/12/16

(I did not request a statement of my account)

- Letter stating they have issued possession proceedings

I received a court pack with a court date set for Tuesday 24th January 2017, on Thursday 5/1/17.

I called The courts on Friday 6/1/17 to query what date is this letter classed as served?

I was told the court have a date of the 21st December 2016

yet the court pack I received this week, the letter clearly states 23rd December 2016.

I was told it is classed as being served on the 25th/26th December,

yet we all know these dates are a public holiday and I am obviously not going to receive any post over those days given it was not printed until the 23rd December 2016.

I was told that the 14 days to complete the defence form ended on the 3rd January 2017. Yet I had still not even received the court pack on the 3rd January 2017.

I sent the above paragraph via email to the local court civil team and called today and was told they would refer it up as urgent but I should still expect to attend court on the 24/1/17

I also emailed Ascent Legal to ask what date they had put into the court on Friday 6/1/17,

they did not reply but sent me a letter dated 29/1/16 stating that a Hearing date had been set for 24/1/17 Which I received Saturday 7/1/17

The court papers state the following:

Particulars

- the claimant is claiming possession of my residential property including a claim for money

Grounds for Possession is Mortgage Arrears

The mortgage has been running since 2004

4. The agreement for the loan secured by the mortgage is not (or none of them is) a regulated consumer agreement.

5. The claimant is asking for possession on the following grounds:

- the defendant has not paid the agreed repayment of the loan and interest (details set out in payment history)

6.

A) Amount loaned £67k

B) Amount required to pay off in full is £33794.90,

c) Current repayment £437.54 pm,

d) the following additional payments are required under the terms of the mortgage,

e) of the payments the following is in arrears

F) n/a

G) instrest rates which have been applied to the mortgage

Gi) start 4.10%

Gii) before arrears accrued 4.74%

Giii) start of claim 4.49%

7. Following steps been taken to recover money secured by mortgage.

- the lender has compiled with the pre-action protocol

About defendent

8. To the best of the claimant knowledge the defendant is not in receipt of DWP assistance

9. No one else should be given notice of these proceedings because of a registered instrest in the property under Family law act 96, matrimonial homes act 83 or 67

Tenancy

10. A tenancy was entered into between the mortgagors and the mortgagee on. ( nothing written?)

- A notice was served on. (Nothing written?)

What the court is being asked to do

11. The claimant askes the court to order that the defendant

A. Gives the claimant possession of the premises

B. Pay to the claimant the total amount outstanding under the mortgage.

Payment History

12. The claimant has made the following requests for payments from the defendant

October 16 : Due £442.21. Payment made £550.00. Cumulative arrears £1165.61

November 16: Due £442.40 payment made £300.00. Cumulative arrears £1228.21

December 16. Due 442.29 payment made £0. (I did make a payment in Dec for £450.00 but it was over the Xmas period) Cumulative arrears £1671.17.

Apologies for writing out the whole court letter,

it's not an area I understand to be honest so any advice,

information would be appreciated.

As soon as possible as I am currently very worried about the situation and not sure what to do next.

Thank you in advance.

Hello and Welcome, Victorious today.

I've asked Site Team member Ell-enn to have a look at your thread when they can, they will help you.

Sorry there's nothing I can do to help at the moment as I don't really have a clue how you go about getting this sorted.

Regards,

Scott.

Hi, you can still enter your court papers after the 14 days so don't worry about that. Are you able to be on line in the morning ?

Thank you for pointing me in the direction of someone who may be able to help me.

Yes I can do that. Just not sure of what I have to write to be honest?

as a side issue

get an sar running to Santander

get all the statements

I bet there are heeps of penalty charges to reclaim here

[letter/phone/arrears/debt management] etc etc

and look at the mortgage agreement

and see if there are any unnecessary insurances included

as a side issue

 

 

get an sar running to Santander

get all the statements

 

 

I bet there are heeps of penalty charges to reclaim here

[letter/phone/arrears/debt management] etc etc

 

 

and look at the mortgage agreement

and see if there are any unnecessary insurances included

Thank you I will look into a SAR this evening I have not heard of this before so will read previous thread on a SAR.

Hi, you can still enter your court papers after the 14 days so don't worry about that. Are you able to be on line in the morning ?

Hi Ell-enn

I do have access to Internet is there any specific forms I should be completing with this and is there anything specific I should mention on form as I am not sure what to write.

Hi, the main thing you need to show the court is that you are able to make normal monthly payments going forward together with an amount to clear the arrears - are you able to do that?

I assume you have received a N11M defence form with the court papers ? please read my guide here http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession on page 4 are instructions for the defence form, page 10 has a template letter to send to the lender and page 13 is a template statement for Question 27 of the N11 M defence form which is the important part.

I should be online for most of the day so please post questions as they arise and I will answer as soon as I can.

Hi, the main thing you need to show the court is that you are able to make normal monthly payments going forward together with an amount to clear the arrears - are you able to do that?

Yes I can clear the arrears in full by the end of February 2017.

Hi, you will need to show the court how you are going to clear the arrears.

Yes I have a N11M form, reading your links and completing paperwork at moment. I will update you once I have completed it.

Thank you.

Hi Ell-enn

Thank you for the templates, budget which definitely simplified and made easier the letters I had to complete and write. I have since sent the letter to the lender and completed the N11M form as suggested for the courts.

Also your guide stated that NO arrear charges should be added into the total missed payment arrears amount. Does this include arrears fees?

Thank you in advance and I won't be able to respond until the evening.

all arrears and penalty fees should be a separate account

and should not form part of any sum of possession

post 5

all arrears and penalty fees should be a separate account

 

and should not form part of any sum of possession

 

 

post 5

Thank you

Hi Ell-enn

 

Thank you for the templates, budget which definitely simplified and made easier the letters I had to complete and write. I have since sent the letter to the lender and completed the N11M form as suggested for the courts.

Also your guide stated that NO arrear charges should be added into the total missed payment arrears amount. Does this include arrears fees?

 

Thank you in advance and I won't be able to respond until the evening.

I have managed to pay my mortgage to date and reduce the arrears to £800.00. Also My Bank has confirmed that the arrears total does include arrears fees, charges, instrest. I am still extremely worried about this forthcoming court case. Is there anything else I can do?

How many months payments does the £800 represent ?

Make sure you can print off confirmation of the payments you made to take to the court hearing. Have you handed in your N11M yet? (and remembered to take a copy beforehand)