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40something

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  1. Just an update... Obtained a suspension thanks in no small part to the help and acvice received as always here.. Many thanks again to Ell-en. Time to start afresh and get back on track...
  2. Last end of June next end of this month Does the N244 look OK?. What are your thoughts on > success... very stressed now! > > If in the very worse case scenario, and it is rejected is there any > comeback at all?.. We have absolubtly no plans in place we have only just > settled back into the house fully so to even contemplate trying to move
  3. Many thanks for this. Did you get my email with the budget Sheet and the N244?. Did they look OK to you?. Based on what I have to present, do you think I will have a decent chance?
  4. I have drafted a Witness Statement. Any advice would be greatly appreciated Claim No: In the Kings Lynn County Court Between HSBC (Claimant) And Mr xxxxxxx and Mrs (Defendants) STATEMENT We are the defendants in this case and respectfully requestthe court to consider the following information when hearing our application: · The arrears arose as a result of severalredundancies over a period of 4 years during 2007 to 2012, at which time westruggled to maintain the full mortgage payments, although the Claimant wasinformed at every opportunity as the situations arose. · We also had to move out of the property betweenJuly 2012 and December 2013 due to major subsidence works needing to be carriedout at the property, when we had to also contribute towards alternativeaccommodation whilst maintaining security at the property, this resulted insome missed payments (agreed by the Claimant at the time) · We also had to fund essential repairs when movedback into the property, costs of which we are due to claim from our insurers Despite keeping the Claimant advised of the situation andmaking an offer to repay the arrears, they have refused to negotiate anddemanded the full arrears to be paid in order to stop eviction. However, my/our situation has improved as I have returned towork in a far more stable employment and I am now confident that I can maintainpayments of £500 per month towards the arrears in addition to the normalmonthly payment. Please see affixed income and expenditure statement – Appendix1 Also attached copies of wageslips for XXXX and XXXX– Appendix 2 This will clear the arrears in 114 months with a remainingterm of 144 months. Therefore I respectfully ask the court to take into accountthe case of Cheltenham and Gloucester v Norgan when considering my offer ofpayment and also s.36 of the Administration of Justice Act 1970. There are 2 dependent children resident in the We assure the court that I am/we are committed to clearingthe arrears and respectfully ask that eviction is suspended in order to avoidthe expensive and unnecessary costs which would undoubtedly arise followingrepossession in the current property climate. We believe the above to be true and factual. Signed.......................................................................................Date............................................ Signed.......................................................................................Date............................................
  5. I also contacted several 'organisations' for help and they wanted up to 1000 up front to help..! At the end of my tether now and desperate to get things moving.
  6. Hi I have posted before a few years ago when I received gret advice and i obtained a SPO from HSBC back in 2008. The situation now is that I now have an Eviction date of 27 August. I have arrears now of 57000 and a property worth 350000. I have completed an income/ expenditure and N244 as per the forms/ advice here. The affordability to pay 500 per month extra would clear the arrears in 114 momths with a remaining term of 144 months as my lender tells me, however they have now said point blank that they want full arrears or eviction. The arrears increased over the years partly due to being made redundant 4 times in 4 years and a period of unemployment spaning around 14 months. I was under the impression that the bank had agreed a hold on payments during these times, however transpires were jusy increasing the arrears. A further element is that we had to move out for a period of 15 months due to major subsidence wirks (Insurance claim) where we had to find a proportion of rental money up front which made it fifficult to maintain payments Original SPO in July 08 was 250 extra per month and arrears then were approx 15000. Is it sufficient now to prove affordability and the arrears will be paid over the remaining term?. I have collated wage slips and the budget sheet.... just need the Witness Statement now. I would idealy like to take this to the court today to get a hearing asap... I could not bear the thought od leaving longer! What do you think are my chances?. I now have a very secure job having just passed a probationary period. My wife has worked for the council for years on a good salary also. We have 2 young children at the property also. Can you help please? Many thanks in advance
  7. Just to report that I had a really good experience today at the court. A very helpful and reassuring CAB lady did all the talking for me and the very friendly Judge was non judgemental and understanding, then talked me through what a SPO meant.... and that was it.. total 5 mins and huge weight lifted. I just could not believe the stories of how many people just don't show up and get a possession order granted in their absence... there were about 18 hearings listed today... scary stuff. So just to reassure those going through the same thing... please take the advise and reassurances of these wonderful people on this site and fight for your right to stay in your home (if that's what you want!) Very special thanks to Ell-enn... what a help and most importantly reassuring and kind words... can't thank you enough
  8. Just to report that I had a really good experience today at the court. A very helpful and reassuring CAB lady did all the talking for me and the very friendly Judge was non judgemental and understanding, then talked me through what a SPO meant.... and that was it.. total 5 mins and huge weight lifted. I just could not believe the stories of how many people just don't show up and get a possession order granted in their absence... there were about 18 hearings listed today... scary stuff. So just to reassure those going through the same thing... please take the advise and reassurances of these wonderful people on this site and fight for your right to stay in your home (if that's what you want!) Very special thanks to Ell-enn... what a help and most importantly reassuring and kind words... can't thank you enough
  9. And their reply edited. Hope this makes some sense!. Many thanks for your time! sols reply1070708edit.doc solsreply2edit.doc
  10. And their reply edited. Hope this makes some sense!. Many thanks for your time! sols reply1070708edit.doc solsreply2edit.doc
  11. Hi again I've edited out personal details and attached. Hope thats OK? SS040708edit.doc
  12. Hi again I've edited out personal details and attached. Hope thats OK? SS040708edit.doc
  13. Hi there Yes it is in joint names with my Wife. I do have the copies. I have received a reply just now via email from the solicitors agreeing to an offer of 250 in addition to the standard payments and first payment to commence on 30 August and on that basis thaey will apply for a suspended order. I have asked for final confirmation that I can recommence payments from Aug 30th on that basis. Thanks again. Do you want me to PM those copies?
  14. Hi there Yes it is in joint names with my Wife. I do have the copies. I have received a reply just now via email from the solicitors agreeing to an offer of 250 in addition to the standard payments and first payment to commence on 30 August and on that basis thaey will apply for a suspended order. I have asked for final confirmation that I can recommence payments from Aug 30th on that basis. Thanks again. Do you want me to PM those copies?
  15. Hi Ell-enn I wrote on the forums a while back regarding action by HSBC (cant find my posts now!). I have the hearing date on 21st July. I thought I would be 'OK' filling in the forms (esp Q27) but I am having a case of the 'panics' and wondered if you would be so kind to help me for this one?... I dont know quite how to put down my history of the situation to look favourably for a suspended possession... Situation is: Arrears amounted due to redundancy 2 years ago then paid for a year by insurance, then struggled to maintain payments due to self employment income fluctuating, culminating in no payments since Feb11th. However the bank were kept fully informed of the situation and agreed to an exra amount of £200 on top which they say would start in May (although no written confirmation). I did not start my new job in May as planned, so again payments missed, however I HAVE now started a new full time position and I have sent revised proposals to their solicitors for £250 extra per month starting end of July on top of the resumed std payments, again starting end July (I have sent full inc/exp plus proof of job). This is affordable with my new salary. My wife has also secured a permanent position and we have sorted childcare to cover her working too (we have 4 children, 4 yr old twins and 12/13 yr olds. Twins start local school Sept - do I mention all this?). The arrears are now at about 12500. Mtg of 235000. no equity. So sorry if this is all long winded, but I really have a pounding head and beginning to really get worried, as the bank now have said they want full possession unless I pay 4500 immediately (I cant) Do you think that the judge will accept our reasons and look 'favourably' now that I have secured a permanent income?. I would so appreciate some help with wording if at all possible!. Many many thanks
  16. Hi Ell-enn I wrote on the forums a while back regarding action by HSBC (cant find my posts now!). I have the hearing date on 21st July. I thought I would be 'OK' filling in the forms (esp Q27) but I am having a case of the 'panics' and wondered if you would be so kind to help me for this one?... I dont know quite how to put down my history of the situation to look favourably for a suspended possession... Situation is: Arrears amounted due to redundancy 2 years ago then paid for a year by insurance, then struggled to maintain payments due to self employment income fluctuating, culminating in no payments since Feb11th. However the bank were kept fully informed of the situation and agreed to an exra amount of £200 on top which they say would start in May (although no written confirmation). I did not start my new job in May as planned, so again payments missed, however I HAVE now started a new full time position and I have sent revised proposals to their solicitors for £250 extra per month starting end of July on top of the resumed std payments, again starting end July (I have sent full inc/exp plus proof of job). This is affordable with my new salary. My wife has also secured a permanent position and we have sorted childcare to cover her working too (we have 4 children, 4 yr old twins and 12/13 yr olds. Twins start local school Sept - do I mention all this?). The arrears are now at about 12500. Mtg of 235000. no equity. So sorry if this is all long winded, but I really have a pounding head and beginning to really get worried, as the bank now have said they want full possession unless I pay 4500 immediately (I cant) Do you think that the judge will accept our reasons and look 'favourably' now that I have secured a permanent income?. I would so appreciate some help with wording if at all possible!. Many many thanks
  17. When one person in a joint mortgage has sole responsibility for it (maybe through choice) and the other just 'assumes' everything is ok, it can mean that it was completely unknown. I am the 'guilty party' in my case and have always fought to try and sort the mess out myself and keep my wife unawares and hope I can get back on track.. but my time has now run out and I know I have been a complete fool and this could mean the end of everything... and I mean everything for me.. and I have to 'confess all' over the next few days and I can't bear it frankly. I think a lot of the cases we read about regarding husbands taking their lives with big debt problems is that they love their families so much they just cannot admit the failure and risk they have put them under and simply collapse mentally from the strain of taking all the burden themselves whilst acting that everything is 'OK'.... just touched a very 'active' nerve.. sorry
  18. Does anyone know.... If the lender has told you that they will be applying for a suspended possession only (and in writing), is the paperwork the same anyway?.. ie would the N5 still say 'possession'. Further worried as the last letter promising suspended is dated prior to the issuing date of the paperwork Anyone help on this please. It would be a little bit more reassuring if the outcome of the hearing was known in advance (assuming the lender 'keeps to their word') Many thanks
  19. Does anyone know.... If the lender has told you that they will be applying for a suspended possession only (and in writing), is the paperwork the same anyway?.. ie would the N5 still say 'possession'. Further worried as the last letter promising suspended is dated prior to the issuing date of the paperwork Anyone help on this please. It would be a little bit more reassuring if the outcome of the hearing was known in advance (assuming the lender 'keeps to their word') Many thanks
  20. Hi. So pleased to hear from you. No date. I just got copy documents from the solicitor saying that the court would be in touch with a date (there's no date on the N5 Form). Is that normal?.
  21. Hi. So pleased to hear from you. No date. I just got copy documents from the solicitor saying that the court would be in touch with a date (there's no date on the N5 Form). Is that normal?.
  22. Hi. Just wondered what it says on your N5 form.. does it say 'possession' or 'suspended possession'. Just trying to compare with mine as my lender have said they would apply for suspended but the form doesn't mention the suspended bit, and wondered if they ever did?. Another thing you might have experienced.. did you get an N5 form first then another later with the date of the hearing?, and if so, how long between the 2?... many thanks
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