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WA1306

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About WA1306

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  1. Just another question, I will try not to break the terms set in the order but in case if I do, will this mean lender can evict me by bailiffs without permission from court or any warning?
  2. I had hearing for eviction defence this more at 10am. I was in the court 9.30. Had consultation with on duty adviser. He asked me questions on my occupation, income, dependents, level and reason for arrears as well as how many years left on mortgage. He was like why you stopped paying judge will question and all that. Then applying the law he calculated £85 per month towards the arrears based on term left on mortgage. I already offered £200 on top of CML. He asked me to wait outside while he discussed my proposal with claimant. And came back saying claimant has accepted my offer and will not oppose in court room. Was called in the room bu judge. Legal duty adviser told Judge that claimant has accepted the offer but judge still asked balance on the mortgage, and remaining years so that offer satisfies the way case. In the end eviction has been suspended bases on I pay CML plus £200 every month towards arrears. I believe I will receive paperwork regarding this later in the post? Thank you Ell-enn and dx100uk for all your help and letters etc. Really appreciated.
  3. Thanks. I will be there well before the time. Do you think it's ok to mention to the judge how they have been behaving in the past and reason for arrears is mainly how they dealt with my account.
  4. I have the court hearing tomorrow morning. Very nervous and worried. Will update you guys with the outcome.
  5. I couldn't call them until this afternoon after 2and missed call from them. It was usual nonsense, all th hey wanted to know was that eviction date is on 26th at 10AM. Whether there are any changes in my circumstances. I mentioned t hgg at I am defending in the court and that o was waiting to hear back from the letter I sent. They said they stil want full arrears to be paid. I asked can I have arrears statement before the hearing? I thought to take it with me to the court to show the judge. They said this would take 7 to 10 working days so not before hearing.
  6. Thanks to both of you. After experiencing their behaviour so far I don't think their call was regarding court action. They must be calling to say they have acted reasonably and I need to pay full arrears. I understand dx100uk is suggesting not to call and I also don't want to take the stress of dealing with them but I will call them tomorrow morning so they can't say in the court they contacted but I didn't respond.
  7. Thank you Ell-enn. They are using suspended repossession order that was granted 10 years ago since then mortgage arrears were zero until recently. They asked for permission to execute that order in January last year. Did nothing about that unil 11 months later while the permission was about to expire. It makes sense if I had missed any m and mortgage payment during this time or not paid anything to reduce arrears. They want to keep that repossession order sword hanging on me forever. I am trying to pay arrears as soon as I can if I stay in the house and get remortgage somewhere e not se in a year or 2 years after being arrears free. They were most difficult lender and very unprofessional. They always made mistakes when I complained, it was upheld and asked me to take 200 or 100 compensation but never improved their service. Main reason for me being in arrears is because the way they handled my account. I always ended up on phone calls with them for hours at a time and being winded up by them.
  8. Just an update, I came to the court at booked appointment. Court office checked the paperwork and asked £50 fee to be paid. I paid the fee. Was told to wait outside while papers being processed for the hearing date. Just received update from the office that my application is to be reviewed by judge who will make decision on hearing. I didn't know that the judge will review the case before hearing while I am waiting for the date. Worried what if he decides my case is weaker and no need for hearing? Is this normal procedure for the hearing date?
  9. Sorry, I was confused with the witness section. Just came back from the court, they said submission of N244 is by appointment only. They have given me appointment for Thursday morning this week.
  10. Hi, How I complete the statement of truth section? Do I need to take this form to some solicitor? Can my wife not named as defendant and not on mortgage sign this?
  11. Many thanks Ell-enn. I really appreciate your help. I didn't get chance to complete the budget sheet and N244 yet due to wife being away I was babysitting children. Will complete everything tonight will take afternoon off from work tomorrow to go to the court in the afternoon. Hopefully they can give me the hearing date before the eviction date. If judge accepts any request will that give lender another suspended repossession order? As the permission to execute current order expired in January.
  12. When the initial repossession order was granted back in 2009, the term was to pay ongoing monthly payment plus 100 towards arrears every month. Since 2009 at some point arrears were capitalized and there were no arrears, I was just paying normal monthly payment. When in arrears again, BM applied to court to enforce the suspended representation order. Does this mean the original term to pay 100 towards the arrears becomes applicable? I can easily pay £200 towards the arrears going forward. Don't want to commit to 500 in case I struggle. Ofcourse if I can I will pay more every month to get out of arrears as soon as possible. I really need to defend this successfully as it will be very difficult situation to be homeless with 4 kids age from 3 to 7.
  13. Thanks Ell-enn. Please send me the statement for N244 so I can complete the form and print copies. Since January last year I was paying 500 every month but moving forward I offer to pay 200 every month towards arrears. Do you think if I offer 100 it will make my case any weaker?
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