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  1. My son was evicted on Wednesday 25th Aug. It came as as surprise. He hadn't been aware of any proceedings against him. He works too hard, is often away, and admits doesn't always read his mail properly. He'd been overpaying regularly from the start of the mortgage in June 05 until May 08. Then he'd not pay anything for months and then the odd thousand. So he did know he was in arrears. In May 2010 he negotiated with the bank's solicitors to pay £1,000/mnth. He paid £2,000 in May, £1,000 end of May and end July with another £1,000 going out 27th Aug. On the 26th he managed to speak to HSBC, who said their records say they were expecting £1,000 in addition to the mortgage repayment of £460/mnth (i.e. £1460 ), considered he had broken the terms of the agreement so got an eviction order. We got some paperwork from the court which shows they got a possession order in Sept 2008. They say he had arrears of £5,605. He was unaware of tall of thiis, can't remember getting letters & so wasn't at the hearing. (He was back and forth to the States a lot that year & it may well have all got buried in pile of mail.) There have been numerous errors and corrections by HSBC on his mortgage account. The solicitor's statement submitted for the possession order says his last payment was March 08, when in fact it was May 08 but the bank 'reversed' the payments made in April and May and so these have not been credited to his account. We put in a N244 on Friday 27th requesting access to the property, and that the possession order be set aside. We'd like help in how to put our case to the judge at this hearing so he can get the house back. He now has his parents on board. We'll help financially and help him organise his finances. He works freelance in the Motorsport industry, often forgets to invoice for work done, has a fluctuating income, but should be able to make £2,5000/mnth if he puts in the invoices properly and gets paid. His expenses are around £614/mnth. How can we persuade the judge that things are different now and he won't default again? So far our plan is- -I ( his mother) am prepared to act as his secretary to raise invoices. -His parents will pay for a book-keeper for him. -I've suggest he & I open a joint bank account for the mortgage repayments, so the money is ring fenced. He + parents put money in, and I have oversight of that account. -All bank correspondence, and letters from their solicitor, come to me. Should we make an offer to the bank at the hearing? Or do we just give the judge information about income and expenditure ( which we did send with the n244) and leave it to them to decide? We're awaiting a date of the hearing. No-one has told us about what happens to the debt, does he still have to pay the bank money regardless of all this? Thanks for help. Zaq
  2. My son was evicted on Wednesday 25th Aug. It came as as surprise. He hadn't been aware of any proceedings against him. He works too hard, is often away, and admits doesn't always read his mail properly. He'd been overpaying regularly from the start of the mortgage in June 05 until May 08. Then he'd not pay anything for months and then the odd thousand. So he did know he was in arrears. In May 2010 he negotiated with the bank's solicitors to pay £1,000/mnth. He paid £2,000 in May, £1,000 end of May and end July with another £1,000 going out 27th Aug. On the 26th he managed to speak to HSBC, who said their records say they were expecting £1,000 in addition to the mortgage repayment of £460/mnth (i.e. £1460 ), considered he had broken the terms of the agreement so got an eviction order. We got some paperwork from the court which shows they got a possession order in Sept 2008. They say he had arrears of £5,605. He was unaware of tall of thiis, can't remember getting letters & so wasn't at the hearing. (He was back and forth to the States a lot that year & it may well have all got buried in pile of mail.) There have been numerous errors and corrections by HSBC on his mortgage account. The solicitor's statement submitted for the possession order says his last payment was March 08, when in fact it was May 08 but the bank 'reversed' the payments made in April and May and so these have not been credited to his account. We put in a N244 on Friday 27th requesting access to the property, and that the possession order be set aside. We'd like help in how to put our case to the judge at this hearing so he can get the house back. He now has his parents on board. We'll help financially and help him organise his finances. He works freelance in the Motorsport industry, often forgets to invoice for work done, has a fluctuating income, but should be able to make £2,5000/mnth if he puts in the invoices properly and gets paid. His expenses are around £614/mnth. How can we persuade the judge that things are different now and he won't default again? So far our plan is- -I ( his mother) am prepared to act as his secretary to raise invoices. -His parents will pay for a book-keeper for him. -I've suggest he & I open a joint bank account for the mortgage repayments, so the money is ring fenced. He + parents put money in, and I have oversight of that account. -All bank correspondence, and letters from their solicitor, come to me. Should we make an offer to the bank at the hearing? Or do we just give the judge information about income and expenditure ( which we did send with the n244) and leave it to them to decide? We're awaiting a date of the hearing. No-one has told us about what happens to the debt, does he still have to pay the bank money regardless of all this? Thanks for help. Zaq
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