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  1. I contacted the court today and apparently they want to adjourn because we have agreed a repayment plan. I have not spoken to them since I got the court summons.
  2. Does anyone think I should agree to adjourn? I would like to go to court and try and convince the judge that I shouldn't be liable for solicitors costs because I was paying £150 per week which they didn't agree to, they sent me a court summons but now they want to adjourn because they have decided to except the £150per week. I have to contact court tomorrow so would welcome any advice on wether I should agree to adjournment or not.
  3. Hi All Some advice please if you would, but first a quick recap: I got into arrears on my mortgage ( £1500), i offered to pay them £150 per week ( my mortgage is £483 per month). They sent me a letter turning down my offer but I kept on paying £150 per week and still am. Meanwhile i received a court summons for a repossession order from their solicitors. Yesterday i received a letter from their solicitors stating that they written to the courts asking that the claim be adjourned with permission to restore and would i please contact court to give my consent to this. They also sent a copy of an invoice stating that the £48 that it cost them to adjourn would be added to my mortgage. Also the mortgage company sent me a letter stating my arrears where now £2000!, I have worked out that my arrears should be roughly £900-£1000. I am assuming they have added charges and solicitors fees to my arrears. I am going to contact courts an say that i am NOT giving permission to adjourn. I don`t want to agree to adjourment because i feel that if i do then i would be agreeing to all the charges. Bearing in mind that i offered to pay £150.00 per week which they refused, then they sent me a court summons and now want to adjourn because they have now accepted my offer of £150.00 per week, could someone please give me advice on what they would do next.
  4. Ok thank you, and I would like to apologise for something I said in an earlier post. I,ve realised that some of you that are giving me advise are probably in the Legal Profession and giving your advice in your own time and for free. When I used the phrase " Legal Leeches " I was a tad angry and I apologise for that stupid statement.
  5. Yes I will be back for the hearing, it`s not until 9th july.
  6. Hi Ell-enn I can only reply to the claim online, i,m out off the country (working not holiday) from tomorrow morning until 15th June and i,m under the impression that I only have 14days to reply to the summons. Also the court involves a 50mile round trip and I have no car. I phoned the court earlier today and was told that treat the summons as seperate ( we have each been sent a seperate username and password to fill in the online defence and budget forms.). She said if we don`t both do separate defence and budget forms then the Judge will assume that one of us wants the house repossessed. I did find that strange because we are both named on summons i.e Giveusyourhouse Mortgages v Mr. NoIwont 1st defendent and Mrs. NoIwont 2nd defendent. I,m just checking because I don`t want to make mistakes.
  7. Hi I have just been looking to fill in my defence and budget form online, my wife and I have got a summons each but we are both named on summons. Bit confused, do I fill in both budget forms with our combined incomings and outgoings ?
  8. Thank You Lea_HTH Yes of course your right, I was abit angry about being treated like this after 9 years of paying my mortgageon time every month. After a weekend of reading other threads I have calmed down. I need to seperate the mortgage arrears from the solicitors and lenders fees ( i was annoyed because the fees were putting me further in debt). I can sort the fees at a later date in another court on another day if need be. I can`t change my payment terms, it is the norm for the industry I work in. I,ve already had to drop my rates to compete, which means i,m earning less now then I was ten years ago. I,m rambling again sorry. Thanks for your help, and I will report back early July with the outcome of my court appearence.
  9. Sorry I didn,t notice your reply, I was reading other threads on the subject. I suppose technically i was 3 months behind, my payments were: January 1st i missed payment Amount Due = £489.91 = arrears £489.91 February 1st I paid £500 Amount Due = £484.25 = arrears £474.16 March 1st I missed payment Amount Due = £484.25 = arrears £958.41 April 1st I paid £400 Amount Due = £483.90 = arrears £1042.31 May 1st I missed payment Amount due = £483.90 = arrears £1526.21 May 17th paid £150.00 arrears £1376.21 May 24th paid £150.00 arrears £1226.21 May 31st paid £150.00 arrears £1076.21 June 1st missed payment. The current monthly instalment is £483.90 15yrs 5mths left on mortgage No other Loans secured on property Yes this is my main and only mortgage. I have recently found out that my original mortgage lender has sold my mortgage to I think J P MORGAN but my original lender is still servicing the mortgage I.E collecting the payments. The claiment on my summons is the original lender and not J P Morgan, is that ok? I checked Land Registry and original lender is still named. I have managed to secure some work this month and will be able to pay a large chunk of the arrears if not all, but the terms of my invoices are " payment due within 30 days " and in this climate i,m finding that most firms are taking 30 days to pay. So it will mean I won`t be paid before the Court day. To be honest I get the feeling when talking to them that they are not interested in me getting back on track with my mortgage. I may be getting cynical in my old age but I think they are more interested in getting my home, so that they can balance their books?
  10. Thanks lea_HTH Can i ask one more question please: Last week I received 4 letters from their solicitors all on the same day, one addressed to me, one addressed to my wife, one addresed to " the Occupier" and one containing a copy of an invoice. The invoice included £300 for the 4 letters ( £50+ vat x 4) I understand the two letters for my wife and I, but the one addresed to " the occupier " and charging £60 for sending me a copy of an invoice. Is that normal practice? Also I have received another letter from solicitors which is confusing me. It say`s I can avoid the stress of court if i ring them and discuss a payment plan. Bearing in mind that I have already offered a payment plan which their clients have declined based on the fact that i cannot afford it, are they therefore expecting me to offer a lower payment plan or is it ( as I suspect) a generic letter sent by some who doesn,t know the facts of the case and has just boosted their coffers by another £60?
  11. Hi citizenB Thanks for your reply I,m not talking to them on the phone anymore, they have got the Legal leeches involved and I have a repossession court appearance early July. After reading other threads i,m quite confident they will not win. The thing i,m concerned about is when i send in my defence and payment offer £150 per week will be excepted. I am currently paying that anyway even though the lender has sent me a letter turning down my payment offer. The scenario I can see is me leaving the court paying no different from when i walked in but the solicitors firm £100`s richer ( so far their invoice is £511 which includes £300 for 5 letters ) and the lenders £1000`s of pounds richer ( my mortgage balance has risen £3000)
  12. Hi Again Ell-enn or anyone esle who might have answers ( I understand that Ell-enn does have a live outside C.A.G and may not see this for a while) I`ve been up all night reading other threads and I think I have the answer to my first question. I think i,m ok with doing a statement. It`s the budget sheet i,m having problems with. I do have other debts but they are being dealt with via C.A.B. I have got rid of my landline phone, Wi-Fi ( no arrears). I have declared my car as S.O.R.N and had prepayment meters installed for my gas and electric ( no arrears). The only regular money I have coming in is my wifes wages ( she works part time) + Tax Credits which amounts to £240.00 per week The mortgage company will not except my offer of paying £150.00 per week because they believe we can`t live on £90 per week even though we have been paying them that for the last 4 weeks plus 2 payments of £400 and 2 payments of £100 when I have managed to get some work. I want to put all that information on the statement but at the same time I don`t want the statement to start looking like a book. Will I be able to explain the above to the Judge on the court day instead?
  13. Hi Ell-enn I have a question if you don`t mind. 1. Is the Judge able ( if I can convince him that this should never have got to the court stage) to squash the solictors and lenders fees that have arisen from this summons. I am already paying a repayment plan, the lender wont except my offer stating that i cant afford it even though i have not missed a payment. 2. Can the lender charge me a EARLY SETTLEMENT FEE even though they are trying to force me to pay the mortgage early. I have reread the claim and it looks like the extra £3000 that has appeared is an Early settlement fee. 3. It looks like the solictors don`t want this to get to court, they have requested i ring them and arrange a repayment plan. i don,t want to speak to them because they are charging me £60 everytime they send me a letter and this is being added to my arrears. I first had contact with them 2 weeks ago and so far their bill to me is £511. If i ignore them and just deal with the court summons would it be frowned upon by the Judge bearing in mind that i am already paying the lender £150.00 per week. 4. Filling in the Budget form is problematic, as stated before i am self employed so do not have a regular income. I can fill in my wifes wages but then I end up with my outgoings being more then my incomings. Sorry if some of this doesnt make sense, i,m not very good at putting what im thinking into words. Left school at age 15 without exams ect. ect. !!!!
  14. Thank you, I have been having a look around the repossession forum and was hoping you notice my Bat sign in the sky and would pick up my post.
  15. Hi Again Sorry about the first post, I posted it last night in abit of a hurry. I`m after some help filling in the court summons. Brief outline is: In January 2013 I started having difficulty paying my mortgage. I rang my lender straight away and explained the situation. They wanted to tie me down to a payment agreement but i,m self employed and explained i couldn`t promise a weekly/mounthly payment plan because i couldn`t depend on my customers paying the invoices when they were due. I told them that i would pay the mortgage and/or arrears when i could. i have been making payments and admitedly they have been erattic, My arrears are at this moment are £1076.00 on May 17th i paid £150.00 on May 20th i received a letter from solicitors demanding that i pay the mortgage in full. on May 20th I rang mortgage company stating that i could now offer them a payment agreement of min of £150.00 per week, this would cover my mortgage plus £25 per week towards the arrears. on May 24th i paid £150.00 on May 25th i received a letter from them stating they were refusing my offer because i could not afford it. on May 30th i received four letters from solicitors stating that they had received a court date for repossession, but i could avoid the court appearance if i rang them and offered an acceptable repayment plan. those four letters plus the earlier one cost me £300, they even charged me £50 = vat for the letter containing the invoice. on May 31st i paid £150.00 I was hoping that someone could advise/help me with a letter to send with the court papers stating all the above and to tell the court that this should never have got to the court stage because i was already paying them weekly. I don`t know if its possible or indeed if the Judge is able to Quash the solicitors and lenders fee`s which have arisen because of this court claim which in my humble opinion is just an exercise for the lenders to apply more fees to my account ( my mortgage balance is now £3000 more then it was in November 2012) and an oppotunity for solicitors to jump on the gravy train.
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