Hello,

I am in court tomorrow, and really scared, have had no legal advise, had six months of family hell to deal with an this has resulted in me missing one payment in June, payments made since then and before, but GE taking me to court tomorrow, can afford 120 extra each month, can i get legal advice at court tomorrow..... it is a long story which is too long to go into now , but dont really want to lose my home, I am working, but am on my own with 2 kids

i know it is late but any words of reassurance would be helpful

Sure someone be along soon-dont go

Hi there, Please don't panic. Let's see what we can do to help.

Firstly are you telling me that GE are taking you to court for ONE missed payment? Secondly did you send your defence form into court?

Kind Regards

Ell-enn

Hi,

I don't think you can get any legal advice at court.

Have you looked at the national debt line site. thats pretty helpful.

I think if you were to post some details about how you have ended up in court you would get some valuable help.

I see you said its a long story, but being a bit more specific might get you some good advice.

Good luck for tomorrow!

kind regards Q.

Hi there, Please don't panic. Let's see what we can do to help.

 

Firstly are you telling me that GE are taking you to court for ONE missed payment? Secondly did you send your defence form into court?

 

Kind Regards

 

Ell-enn

good question-please answer Zeddybear-cant relax till u do

thanks for your reply

my arrears stand at £1600, 2 and a half months missed, the two month were from jan and feb 2007, i made agreement to pay 100 per month which i was doing, in feb 2008, my partner was arrested (wont go into details, but i am in birmingham , he is now in kent) , i have spent the last 6 months running up and down the country, and i missed the payment in june, trying to maintain a job, home, kids and my partner, i had not opened the mail for weeks, all mortgage payments have been made since then, but when i came home one day, noticed a letter, opend it and said i was in court tomorrow, have open all other letters, but nothing from the court, this week recieved the papers from GE legal team, that is the long and short of it.

I can make my payments and will offer the payment of 120 which will clear them in a year, also i can get additional work in January which will clear the rest. have considered selling the car, but need it for work as it is 12 miles away from my home)

Do you have a printer at home that you can use tonight?

yes printer is not a problem

OK, I'll make a start on a defence statement for you to take to court tomorrow - you need to hand it to the judge. In the meantime I need you to download a budget sheet from here: National Debtline England & Wales | Personal Budget Sheet

and complete it to show how you can afford the £120 extra per month towards the arrears.

Any questions while you are filling it in, just shout.

Try not to worry too much ( difficult, I know), it is very unlikely that a judge will order possession to GE at the first time of asking, especially if you have a regular income and can show you are able to make monthly payments towards the arrears.

Back soon.

Kind Regards

Ell-enn

Many Thanks for your help

I know i should have gone to the CAB or something, but at this point I have not even told my partner, as there is nothing that he can do , and it will add to the worry I already have.

Hi,

is the mortgage in joint names

what age are your children

is your partner working in birmingham and contributing or are you separated?

Ell

the house is only in my name, the kids are 14 and 15, my son has autistic specitrum disorder, and attends a special school in birmingham, my partner used to work all over the country, but their is no income from that side now, i took the mortgage on before we met, so it has always been my income that dealt with it

OK so what would you say the main cause of the arrears was? ( you'll need to give some explanation)

Do you have a recent payslip?

Sorry for all the questions, but want to get it right (nearly there now)

Ell

Basically, of my partners family I am the only one working, his mother is 76, with a heart condition and diabetes, to maintain, contact with my partner and his family, the main reason i missed the one payment was due to the travel from birmingham to kent each week, so the court hearing was in maidstone, so to be there meant paying for myself and his mother , as well as ensureing the kids were safe for the two weeks.

payslip not really a problem, worked for the same place for 5 years. bur dont have july and Aug, but can get print out of payments into bank

hi

on step 4 of the form, should i put the arrears as stated and then the off ?

also i have a HP argreement, for furniture do i put this in step 6

Ok have completed the Personal Budget Sheet, still not sure where to put HP stuff, as dont have arrears on it,

hi

 

on step 4 of the form, should i put the arrears as stated and then the off ? Yes

also i have a HP argreement, for furniture do i put this in step 6

No, put it under "other" in step 2

Affixed is your statement to take to court. On the second page I have included the Norgan case law I have quoted in the statement. DO NOT affix that to the statement - it is for you to read and understand what we are quoting, take a copy to court with you in case you need to refer to it. You will need to fill in the details at the top of the statement- the information will be on the court papers. (remember to remove the brackets)

On the top left hand corner of the budget sheet you need to write the claim number and on the top rigt hand corner write Appendix 1.

You will then need three copies (one for the judge, one for the other side and a copy for yourself)of the statement and budget sheet (and payslip if you have one) Make sure you staple each set together firmly.

When you get to court you may be approached by GE's representative, it's up to you whether you talk to them or not, but they can try to intimidate, so I usually advise not to talk to them, just say you'd rather wait for the judge to decide.

The hearing will be held in a private room with just you, the judge and the rep from the other side. The judge will know you are nervous and guide you through the process which should take no longer than 10 minutes. When you address the judge it should be Sir or Madam. When the judge asks you a question, speak slowly and calmly.

Make sure you get there in plenty of time and if there is a duty solicitor or representative from Citizen's Advice ask them to come into the room with you. Lots of courts have them in attendance these days and they can help support you.

Anything else you need to know?

Kind Regards

Ell-enn

Zeddybear Statement for court.doc

Hi,

I think you put the hp in the Other section for your out goings.

Make sure you have not left your self short, you need to be able to pay what you offer comfortably.

Also when you have to say what has lead to you to get into the arrears, lay it on thick, I would.

Wow Ellen, that was quick, what a brilliant helpful member of the site team you are.

You need to get a good nights sleep now Zeddybear, ready for tomorrow, at least you will be able to sleep now that Ellens sorted you out.

Good luck again, and post back with the outcome tomorrow if you can.

Zeddybear, can you let me know if there is anything else you need:) I have to go to bed as up at 6 in the morning......

Ell

Off to bed now... I'll be back on line around 8.30 in the morning if you need anything else

Ell

Many many thanks for your help tonight, it has certainly put me in a better position than i was a couple of hours ago, i will let you know the outcome tomorrow, thank you all again

Good luck tomorrow -have a nice cup of tea then rest-will watch for your news tomorrow-all the best tawny owl.

Off to bed now... I'll be back on line around 8.30 in the morning if you need anything else

 

Ell

Hi ZeddyBear

Just popped in to wish you luck for tomorrow.Ell you are star

Tilly