urgent help needed to fill in repo defence forms PLEASE!!!!!!

[whiteknight]

I have been away helping a sick relative and have just got home to find a court summons for repossession. The court date is 25 June and I need to fill the forms in. Im not sure what to say so help would be appreciated.

 

The arrears are smallist £1400 and my wife and I are both working but wont be able to clear arrears by the 25th.

 

My wife is on antidepressants and this isnt helping.

 

Please Help.

 

Thanks

 

Chris

[Ell-enn]

Hi there, I can help you to fill in the forms. At this stage you need to take them to the court this week.

 

Q27 on the form is the most important part, this is where you advise the court of your proposal to clear the arrears, and any other important information that you want the court to consider.

 

I am on line until late tonight so if you let me know when you are ready to start filling in the forms, I will walk you through. I will need to ask a few questions re your statement for Q27.

 

Kind Regards

 

 

Ell-enn

[whiteknight]

Hi thanks im here all night

[Ell-enn]

Hi. OK,

 

what is your proposal to pay the arrears i.e. how much per month can you afford to pay in addition to your normal monthly mortgage payment?

 

What was the reason for the arrears?

 

Do you have any young children living at home?

 

Who is your lender?

 

Ell-enn

[whiteknight]

This is where it gets messy. I owned my own business and had a heart problem spring up which meant i had to wait in hospital for 3 weeks for a heart operation. During this time my wife who finds it hard to cope with the pressures of life was diagnosed with depression and was off work also for about 8 weeks. I returned to work (a building company) and found that due to the smoking ban (most of my work was with a chain of bingo halls) our contract was stopped. Therefore no money in at all. I did the usuall bury the head in the sand routine and hoped it would all go away. I have now been working for a local authority for about 7 weeks now and is a perminant job. My wife has started with a new company 3 weeks ago and this is also perminant. We received a letter about 3 weeks ago from lightfoots threatening repossession and I phoned them offering to pay all my wifes wages (£1000.00) on the 17th (today) but the company has now changed its payment dates and she only got paid 350.00. We just had a knock on the door from welcome finance to repossess the car and so we had to give them 250.00 otherwise we wouldnt be able to get to work and then not pay any bills. We share the car and we have a 200 mile round trip to get to work and back. The company is Endeavour Personal Finance and the arrears are about 1400 with this months mortgage included. We have calculated our expenditure and we could afford about 500 per month on top of the existing mortgage payments. We owe 52000 (32000 Endeavour and 20000 Halifax) and the house is currently valued at 85000. We dont have any children.

 

Chris

[Ell-enn]

Hi there, £500 on top of your normal monthly payment is an awful lot - are you sure you can keep that up for the next 3 months? what if you have an unexpected car repair bill or have to pay Welcome again to keep the car? you should never offer more than you can reasonably afford. If you offered half of that amount £250 it would still only take 6 months to clear the arrears and this would be more than acceptable to the court (it is the court's decision, not Endeavour's, to accept your offer).

 

When you fill in the income and expenditure part of the form (I assume it's the N11M form?), make sure you build in to each of the categories enough money to give you a safety net if you have something urgent turn up. The natural reaction is to play down expenditure and offer a high amount to the lender in the hope that it will help it to be accepted, but it is much better to inflate expenses slightly just to give you that leaway. If you offer a high amount each month and then find you cannot keep it up, you will end up in the same position, and the repossession process will be much quicker next time.

 

I will draft a statement for Part 27 based on what you have told me so far.

 

Are you OK with other parts of the form?

 

Kind Regards

 

Ell-enn

[whiteknight]

I think the rest is pretty clear. You are right about offering less but im worried this may not be acceptable and I will have to tell my wife we have to move out, I think this could finish her off. I do have another another matter regarding the Halifax but not wanting to confuse the matter should I ask this later.

 

Thanks

 

Chris

[Ell-enn]

I can assure you that 6 months to clear the arrears will be more than acceptable to the court. I have been involved in helping people with significantly higher arrears than yours and they have been allowed to repay them at a great deal less per month, so you have nothing to worry about on that score.

 

What is the problem with the Halifax?

 

Kind Regards

 

Ell-enn

[whiteknight]

I have a current account and a business acount with them and the halifax account (in my wifes name). During our illnesses upon returning to work I used a cheque cashing place to advance some money. Due to the lack of income this sent the account into an unauthorised overdraft (about 800). They have since put charges onto the account so the balance is now 1800. We are in arrears with the mortgage of about 1400 but a payment was made into my limited business account of 1400 so this would clear the mortgage arrears off. Due to thebalance of the current account they have frozen all access to any account and have told me that ther money can only be used for to pay off the current account. They are now starting proceedings and their solicitors are Drydens. I have complained to the FOS but this could take months. All corrispondance is being sent to my mother in laws address (about 200 miles away from us) and she is having to forward it to us, which is awkward because we didnt want her to know our situation because we were living there before we moved to this address. My question is that with the delay in the post that may occour what happens if we dont receive the paperwork before the court date.

 

Sorry very muddled message i know but a nightmare situation.

 

Thanks

 

Chris

[whiteknight]

sorry meant halifax mortgage which is my wifes name

[Ell-enn]

Hi, is the Endeavour mortgage in joint names?

Are Halifax taking you to court for the mortgage arrears?

Do you have another bank account for your salaries?

Ell-enn

[whiteknight]

Endeavour is in joint names but the Halifax in just my wifes name. I am just filling N11m in and my wife is on a 6 week training course so i will got to court should I put her income on the same form? I have a form for her but shes not here to fill it in.

 

Thanks

 

Chris

[Ell-enn]

Hi, you can fill in one form for both of you - in the Name of Defendent box (top right, first page) where it has your name, write her name underneath and in Q 1. Put both your names, then fill in the income and expenditure part using joint figures.

 

Are you both able to attend the hearing?

 

What are Halifax taking you to court for?

 

Other bank account for your salaries?

 

Ell-enn

[whiteknight]

it says i can fill in form n11m and it says i can submit online is this advisable?

 

Thanks

Chris

[whiteknight]

Our wages are being paid into my wifes account we both have same initials so are getting away with it. My wife cant attend due to training course. If she misses any time she will have to start from scratch and she is due a payrise when she finishes it and it may jeapodise her job. Halifax after a repo order for 1400 arrears

 

Thanks

 

Chris

[whiteknight]

Sorry i know everything seems to be 1400 but thats life

[whiteknight]

The defence form already has both our names on the top right corner

 

Thanks

 

Chris

[Ell-enn]

OK, fill in using joint figures. DO NOT submit the form on-line, it's too near the hearing date and paperwork has been known to go astray when filed on line. The last thing you need is to turn up in court and find the judge hasn't got your defence beforehand. Take it by hand to the court.

 

Have you had a court claim form for the Halifax mortgage yet? If not, you might be able to do a deal with Drydens to avoid court proceedings.

 

If Halifax do issue a claim you will have to do the same paperwork again for them - with another offer of payment towards the arrears, so you need to be sure you can afford both lots of arrears payments. If in any doubt reduce the offer on this claim to £150 and offer Halifax the same. Courts will happily accept arrears paid over 12 months (and even much longer). If you offer too much to both you could find yourself struggling a few months.

 

Ell-enn

[whiteknight]

We received a letter sent via the mother in law with a date but no court paperwork and the mother in law hasnt mentioned it. 14 July.

 

Thanks

 

Chris

[whiteknight]

They wont talk to me because the account is in wifes name. Received a data protection mandate which wife has to sign and i will email back to them and then hopefully they will talk to me. Are there any issues which may help us because they are sending the paperwork to an address which we havnt lived at for seven years?

Thanks

 

Chris

[Ell-enn]

Is the Halifax mortgage on the property you are living in now? if so, why have they got another address

 

Ell-enn

[whiteknight]

sorry didnt realise we were on page 2 already. The mortgage was arranged at my wifes mothers house because that was where she was living before we bought our current house. We moved in 7 years ago and all halifax corrispondence was sent to our house (the one we are living in and the mortgage is on) but for some reason drydens are sending the paperwork to my mother in laws not the house we live in and have a mortgage on.

[Ell-enn]

You should write to Drydens (by recorded delivery) advising them they are sending mail to the wrong address. This could be crucial if they use the that address for the court papers and you don't get them in time. It will also come in handy for your defence if you can show the court some of the letters Drydens have written to the wrong address!

 

Anyway, below is the text for Q.27.

If you go to Her Majesty's Courts Service - Home and choose Forms and Guidance from the menu on the left hand side, enter N11M in the box and download the form. You can then go to the page with Q.27 on it and copy the text I've posted into the form and then print it out. Replace that page in your pack and staple back together. There is not much room in the form for the text, if it won't fit in the space write "see affixed sheet" and then print on a separate page (write the claim number top left hand corner and your names at the top right hand corner) and staple securely.

 

 

 

We respectfully ask the court to consider the following when hearing the claim for possession:

 

• The property at xxxxxxx is valued at £85,000 and has outstanding mortgages of £32,000 (second charge) and £20,000 (first charge). Endeavour is the second charge on the property.
  
  

 

• The arrears arose as a result of Mr XXX, being unable to work for a period of time following heart surgery, he was self employed at that time.
  

On his return to work, the contract he had relied upon was cancelled and he found himself unemployed.

Mrs XXX suffered under the stress of their situation and was diagnosed with depression resulting in her being unable to work for 8 weeks.

· The situation has now improved - both Mr and Mrs XXX have secured permanent employment and are able to offer payment of £150.00 per month in addition to the normal monthly payment.

We respectfully ask the court to take into account the case of Cheltenham and Gloucester v Norgan when considering the above offer of payment.

 

Any questions, just shout:)

 

Kind Regards

 

Ell-enn

[Ell-enn]

Chris, the text has moved about when copied into the post.

 

The two paragraphs starting "On his return to work....." and " The situation has now improved......." have moved to the left and should be under the bullet point above them where we talk about how the arrears arose.

 

Also the next para starting "we respectfully ask the court to take into account....." should have a bullet point of it's own.

 

Ell-enn

[Ell-enn]

PS. you need to put your address where there are xxxxx's (stating the obvious, I know:))

 

Thanks for the rep, it's no problem, I'm happy to help.

 

Let me know when you get anything re the Halifax and we'll deal with that.

 

Kind Regards

 

Ell-enn