Victorious today
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Hi Ell-enn Thank you for the templates, budget which definitely simplified and made easier the letters I had to complete and write. I have since sent the letter to the lender and completed the N11M form as suggested for the courts. Also your guide stated that NO arrear charges should be added into the total missed payment arrears amount. Does this include arrears fees? Thank you in advance and I won't be able to respond until the evening.
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Thank you in advance to all who not only read this thread but to those who can help me navigate through court forms, lingo and Mortgage arrears to keep my family in our home. My First contact with Ascent Legal was on the 28th December 2016, when I called them in a response to a letter they had sent regarding the above. They informed that they had contacted the courts and was awaiting a court date. No date had been set yet and I said I would call them back once I had received the paperwork, the person I spoke to took my email address to send me a income and expenditure form. Which he did send straight away. Included in the letter dated the 22/12/16 was the following: - A statement of my mortgage account which reads 'Thank you for your recent enquiry' dated 6/12/16 (I did not request a statement of my account) - Letter stating they have issued possession proceedings I received a court pack with a court date set for Tuesday 24th January 2017, on Thursday 5/1/17. I called The courts on Friday 6/1/17 to query what date is this letter classed as served? I was told the court have a date of the 21st December 2016 yet the court pack I received this week, the letter clearly states 23rd December 2016. I was told it is classed as being served on the 25th/26th December, yet we all know these dates are a public holiday and I am obviously not going to receive any post over those days given it was not printed until the 23rd December 2016. I was told that the 14 days to complete the defence form ended on the 3rd January 2017. Yet I had still not even received the court pack on the 3rd January 2017. I sent the above paragraph via email to the local court civil team and called today and was told they would refer it up as urgent but I should still expect to attend court on the 24/1/17 I also emailed Ascent Legal to ask what date they had put into the court on Friday 6/1/17, they did not reply but sent me a letter dated 29/1/16 stating that a Hearing date had been set for 24/1/17 Which I received Saturday 7/1/17 The court papers state the following: Particulars - the claimant is claiming possession of my residential property including a claim for money Grounds for Possession is Mortgage Arrears The mortgage has been running since 2004 4. The agreement for the loan secured by the mortgage is not (or none of them is) a regulated consumer agreement. 5. The claimant is asking for possession on the following grounds: - the defendant has not paid the agreed repayment of the loan and interest (details set out in payment history) 6. A) Amount loaned £67k B) Amount required to pay off in full is £33794.90, c) Current repayment £437.54 pm, d) the following additional payments are required under the terms of the mortgage, e) of the payments the following is in arrears F) n/a G) instrest rates which have been applied to the mortgage Gi) start 4.10% Gii) before arrears accrued 4.74% Giii) start of claim 4.49% 7. Following steps been taken to recover money secured by mortgage. - the lender has compiled with the pre-action protocol About defendent 8. To the best of the claimant knowledge the defendant is not in receipt of DWP assistance 9. No one else should be given notice of these proceedings because of a registered instrest in the property under Family law act 96, matrimonial homes act 83 or 67 Tenancy 10. A tenancy was entered into between the mortgagors and the mortgagee on. ( nothing written?) - A notice was served on. (Nothing written?) What the court is being asked to do 11. The claimant askes the court to order that the defendant A. Gives the claimant possession of the premises B. Pay to the claimant the total amount outstanding under the mortgage. Payment History 12. The claimant has made the following requests for payments from the defendant October 16 : Due £442.21. Payment made £550.00. Cumulative arrears £1165.61 November 16: Due £442.40 payment made £300.00. Cumulative arrears £1228.21 December 16. Due 442.29 payment made £0. (I did make a payment in Dec for £450.00 but it was over the Xmas period) Cumulative arrears £1671.17. Apologies for writing out the whole court letter, it's not an area I understand to be honest so any advice, information would be appreciated. As soon as possible as I am currently very worried about the situation and not sure what to do next. Thank you in advance.
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