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Posts posted by Massamum

  1. Hi there im sorry,no in fact im gutted i have racked my brains trying to think of another soloution but you have made your decision and i respect that,but i just wish i could have done more.Under the circumstances your doing the right thing and as you say you will have the worry of this off your shoulders.


    Thanks newstarter, like I said above, you and Ell have helped me more than you will ever know, your support has been invaluable. I just want to fast-forward six months and have this horrible time behind me.

  2. Hi Ell, house has been on the market with two different estate agents since last June and I’ve had very little interest in that time, market is dead where I am. Interest and charges going forward would’ve made the whole debt so much bigger and after a long, hard think I realised it was time to walk away while I still can.


    You helped me more than you will know Ell (and Newstarter) and I can’t thank you enough for that.

  3. Hi newstarter, thanks very much for your reply. I really appreciate all your help but have decided to throw in the towel, I can’t take the stress anymore – ended up in hospital overnight last week with severe chest pains and have decided to sell to one of the quick home-buyer people. A huge loss but will just have to cut my losses and will hopefully break even with what I would’ve got if Abbey had sold (plus all their arrears and charges). Will now concentrate on finding somewhere to live, impossible when you’re on benefits so at least now I will have capital and can hopefully move on with my life and make full and finals to all my other creditors.


    I spoke for myself at the hearing, but like I said I feel the outcome was a foregone conclusion. I can barely remember what was said, still reeling from it all.

  4. You don't hand in the N11M defence form at all, most of the questions on it aren't relevant to your situation-


    just hand in the statement I drafted and all the appendices, that's all that's required.


    great, thanks very much for that, I just wanted to make sure I've got everything clear in my own head. You mentioned a budget sheet but I couldn't find it anywhere on your message.

  5. To be honest you don't need to fill in the N11M form, the statement and appendices tell the whole story (the court will accept this OK), the only thing you could add is a budget sheet to reflect your income and expenditure. I have affixed the one we normally use - it calculates automatically as you fill it in so you can adjust the figures until you get them right then just save it to your PC and print it off - label it Appendix 2 and it can go with the ESA document.



    When you have got everything together, you need to assemble as follows:


    Statement - signed

    Appendix 1 - death certificate

    Appendix 2 - ESA, budget sheet and doctor's letter

    Appendix 3 - DWP contribution letter

    Appendix 4 - Estate agents documents


    This now forms your pack for court - you need to ensure it is securely bound together, it may be too thick to staple so you might have to get a thin folder with a grip in the centre. Try and hand it in to the court on Monday if possible - while you are there ask if there are any free legal advisors in attendance on the day of your hearing - a lot of courts have them nowadays and they can accompany you into the hearing and speak on your behalf.


    That is good news Ell. I will follow your instructions exactly, and will also ask about the free legal adviser, thank you so much for all your help, although thank you seems so inadequate for all you've done.

    Can I just double-check on a couple of things:



    • Do I hand the printed N11M in as well as my pack?
    • Question 22 asks if I have any other credit debts (I have plenty) – do I have to answer that? I haven’t acknowledged any of my other debts for a long time and don’t really want to start now. Are they likely to bring this up during the hearing? Santander would know about it from my credit report.
    • Question 25 asks about priority debt arrears, I'm kind of up-to-date with all of those except gas and electricity.

  6. Hi there, how much is the normal monthly payment and how much are the DWP paying ? - do you have any documents showing the DWP payments ?

    Do you have estate agent documents proving the house is for sale?


    we will need photocopies of all the above to go with the defence forms.


    Also, if you have any proof you are unable to work due to medical reasons (could you get a letter from your doctor?) that would be useful too.


    There is some case law we can use to ask the judge to consider reduced payments until the property is sold - if you can answer my questions above I can finalise the statement.


    Hi Ell,


    The normal monthly payments are £493.93, the DWP pay £52 a month as the mortgage was for home improvements and debt consolidation (they used to pay £89pm until recent changes). I have all my correspondence from the DWP confirming all of this. I have also been making token monthly payments of £10 myself since about May-time.


    I have two different estate agents contracts, print-out from internet showing house for sale, local newspaper ad and an energy performance certificate which I had to pay for which I can photocopy.


    I keep all correspondence from the DWP and have several confirming that I am claiming Employment Support Allowance (work-related category), but I can also get a letter from my doctor if that would be more helpful?


    Please let me know if you need anything more.


    Many thanks once again



  7. You are ok for time - the court will accept your defence a week before the hearing. We just need to decide exactly what you are going to ask the judge to consider then I can draft your statement.


    Thanks very much for getting back to me on this and for your help. It is a relief to know there is more time. I can think of a few things to ask the judge to consider - should I PM you?

  8. OK, don't fill out anything on line - you need to fill the form in and hand it in to the court. We can do a statement to go with the N11M defence form, I'll get back to you after the weekend and we can work on the form.


    Hi Ell-enn, have received the other side's witness statement this morning which makes for interesting reading. The hearing is on the 18th Jan and with the bank holiday coming up and courts being closed Monday and Tuesday next week I'm getting a bit panicky about having to get the papers into court in time. Sorry to hassle you but was wondering what I should be doing now? Any help and advice most appreciated. Thank you.

  9. Likewise Laura. It certainly does sound a complete nightmare but you sound a very strong person and I’m sure your sister would be so proud of you looking after her sons’ interests and working so hard to make things right for them. Lets hope you get a break in all of this soon so that you can grieve. Life can be very cruel indeed.

  10. Thanks Laura. So sorry to hear of your loss, I hope you’re successful with the two year payment holiday - being up-to-date with payments will put you in good stead I’m sure and it will lift a huge weight from your shoulders if granted. Its hard enough dealing with grief without the added worry of repo as well.

  11. Hi Laura, thanks for that but I checked that one out a few months ago. I spoke to someone at Abbey who told me I should've been offered a "stay" on payments because a party to the mortgage had passed away - unfortunately when they checked they said I would have to clear the arrears before they could do it, I have absolutely no money so wasn't an option either :(

  12. Thanks for merging my threads Scott. Also Newstarter for the advice and reassurance, I’ve spoken to CAB about the mortgage rescue scheme and various other options but I don’t qualify for any of them. Abbey started proceedings a little while ago but withdrew them when I produced proof that the house has been on the market for the last few months, they then gave me a further six weeks to sell – that time has now run out which is why they’ve started proceedings again. I just feel that because there’s no way I can maintain payments on the mortgage and the Abbey have given me extra time in which to sell, that the judge will find in their favour. And yes, I am racking up interest and costs at an alarming rate!


    Thanks for the advice Ell, I’ll hold off on doing anything til I hear back from you.

    Hope you’re all having a nice time over Christmas and again many, many thanks for taking the time to reply at this busy time.

  13. Hi Ell

    Thanks for your response and reassurance. The possession hearing is on 18 Jan, I received the paperwork on 18 December and I’m really starting to panic. I have also received the defence form. I’m a bit concerned about acknowledging the claim and wasn’t sure how to do that. I’ve been online but its just bamboozled me! There doesn’t seem to be a specific place to acknowledge the claim, I wasn’t sure if I would have to fill out the whole thing or if I could go back and do it now and again???


    Thanks very much for taking the time out to respond to me so near Christmas.

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