CONGRATULATIONS!

Hope you are all well

congratulations to you and your family.

Did you get any further asking about MRS and rate change?

Let us know when you have had time to enjoy your little one:)

congratulations to you and your family.

Did you get any further asking about MRS and rate change?

Let us know when you have had time to enjoy your little one:)

We decided against the MRS as we can afford the repayments now.

However, still no joy with the rate change and I will once again bring it up when this gets reviewed in November by the same judge.

I shall be pointing out that it will be 4 payments made on time at the old rate which equates to £2400 extra they have had from me at the fixed CMP rate compared to their variable rate which now stands at 4.09%

Not missed a payment since court AND we now have Octobers AND Novembers safely banked, so fingers crossed.

Regards and thanks

We decided against the MRS as we can afford the repayments now.

However, still no joy with the rate change and I will once again bring it up when this gets reviewed in November by the same judge.

I shall be pointing out that it will be 4 payments made on time at the old rate which equates to £2400 extra they have had from me at the fixed CMP rate compared to their variable rate which now stands at 4.09%

Not missed a payment since court AND we now have Octobers AND Novembers safely banked, so fingers crossed.

Regards and thanks

Hi Guys

I will try and keep this brief as I am after a bit of guidance.

My mortgage company changed ownership last year and in February they sent us a notice that they were changing solicitors and as the property in subject to a SPO since Nov. 2009 they said it would need to be approved by the court.

I rang them well in advance to the date and they asked if I consented to the change, I confirmed this and they then instructed me that we did not need to attend.

After the court date I then received an adjournment notice to 16.04.15 (tomorrow) and shortly after I received a witness statement from the new solicitor.

Hidden in the 4th paragraph was the note that he had asked the judge to enforce the SPO due to my arrears not being reduced.

Here are the key facts and I would appreciate any advice...please note I have NOT been served with an eviction warrant to this date.

1. November 2009 court suspended the eviction and ordered me to pay £100 on top of my CMP.

2. At this date the arrears stood in excess of £12k

3. They now stand at £5.5k

4. The solicitor has stated that we last went to court in 2008, wrong.

5. The solicitor has stated that the arrears have only reduced by £178. Wrong, it is £6.5k (in line with the SPO)

My question is what should I say tomorrow.

I have a full breakdown of ALL payments made, the last being in line with the SPO on 10.04.15.

They have also added nearly £9k in additional charges to my account.

I await your advice as although and as the day is neigh I am now a tad stressed.

Thanks in advance.

UPDATE:

Just spoken to a solicitor and he mentioned that I should note to the courts that the original date was only a procedural hearing and state the conversation instructing me that no attendance was needed was recorded by them.

He also made a mention to the fees balance on the account (which are greater than the total arrears) may be unenforceable as a repayment plan was in place via the courts.

Does this all sound correct?

Thanks.

Hello there.

I'll try to get you some help. I've also amended the title of your thread to reflect the date of hearing.

HB

Hi, I think you should take a written statement to court detailing the payments made and that the arrears have reduced considerably. You should also state that the arrears added to the account should not be there as a payment plan was in place and being adhered to.

Page 13 of the guide here http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession shows how to set out a statement for court. You will need 3 copies, one for the judge, one for the other side's solicitors and one for yourself to refer to in the hearing.

If you need any help with the statement, please let me know.

Thank you for answering the SOS, Ell-enn.

HB

Thank you Ell-enn,

I shall crack on with that now.

I have done the maths and since the court date in '09 the arrears should have reduced by £6,500 but they have in fact reduced by £6,595.

Hope this can be resolved, absolute nightmare without any warning, I thought they were just changing their solicitor as per my telephone conversation with them.

Thanks again.

Hi Ell-enn

Almost finished, just a quickie, the arrears showing have been split on the statement and the rest are showing as fees and costs balance plus additional interest.

Is it those that should not be present on the statement?

Sorry to be a pain...

Hi, the arrears charges and costs cannot be classed as arrears and should be shown separately. The suspended possession order is for the arrears (which are missed monthly payments) to be repaid, not the charges and costs - these should be added to the outstanding mortgage account. These charges can be shown on an annual statement but cannot be included in the arrears.

Thanks Ell-enn

Finished draft 1, here is the meat, anything need to be added?

We did not attend the initial court hearing as I was informed by the claimant that the hearing set for the xx.xx.15 was procedural and after I granted my consent to them to change legal representation, they stated that no attendance by me was required. This conversation was recorded by the claimant.

The details contained within xxx witness statement are incorrect relating to the both the last court date appearance and the total of arrears being paid off.

The details contained within xxx witness statement relating to the date as xx March 2008 is inaccurate. The actual date of our last court hearing was xxx November 2009.

The arrears at the time of my last court appearance in November 2009 stood at £12k not £5k as stated in xxx witness statement.

The details contained within xx witness statement are incorrect relating to the total of arrears being paid off as being just £100. The total amount paid off in line with the suspended possession order is £6,595.00

The total arrears outstanding on this mortgage as of the court order in November 2009 would be due to be cleared in November 2019 not May 2011 as stated in xxx witness statement. This has in fact been reduced by 10 months to January 2019 since the last court appearance stated above.

The last payment made on this account was March 30th for £xxx which includes £100 as set out under the court order.

Some details tweaked for confidentiality but you get the gist...I hope.

Do I need to add the budget sheet (as it is not an eviction hearing as such) and the reasons for the original debt or will the judge want to see that too?

Thanks for all your help.

Hi Guys

Quick update, the Judge dismissed their claim completely and also told them that they were to pay all the costs for this hearing and not to add anything to our mortgage account.

He also gave them a hell of a roasting for incompetence and time wasting.

Happy days, thanks guys for all your assistance.

Brilliant ! well done

I love it when a judge gives lenders an ear bashing - really makes my day