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

[whiteknight]

Thank you you are an absolute star. I will fill in and take to the court tomorrow.

 

Ill Keep in touch.

 

I cant thank you enough.

 

Take care

 

Chris

[jannercobbler]

Mortgage Repossessions

 

Both freehold and leasehold owner occupation can, and frequently will, be subject to a mortgage. The mortgage deeds contain a variety of terms which usually states that when the occupier falls into arrears with the repayments that the lender has the right to evict the occupier and sell the property.

 

Demand for Arrears

 

Before legal proceedings are started, the lender will normally issue a formal demand for all the arrears to be paid. They are not obliged by law to do this, but in practice the Court will not look kindly upon a lender who has not given the occupier a chance to bring their arrears up to date.

 

The lender cannot evict the occupier without an Order for possession from the County Court. The Court is not obliged to grant the possession immediately and has the power to grant a suspended order for possession on condition that the occupier continues to pay current instalments and a fixed amount off the arrears.

 

Suspended Possession Orders - Homeowners

 

The Court will only exercise this discretion if it is of the view that the arrears can be cleared in a reasonable time. (Administration of Justice Act 1970, s.36; Town & Country Building Society v Julien, 1991). If it does not think this can be done, then the order will be final. This will usually be suspended for at least 28 days to give the occupier time to make alternative arrangements.

 

Reasonable Time to Clear the Arrears

 

There is no formal definition of reasonable time. Until recently, the courts had normally considered one year a reasonable time in which to clear the arrears (Cheltenham & Gloucester B.S v Grant, 1994). It has now been said that the Court should take as its starting point the full period of the mortgage. In most cases individuals would probably only need to spread their arrears over one to two years which the Courts are likely to consider as reasonable.

 

Need for Consent

 

It is really important that an occupier experiencing difficulties informs the lender . Work out how much you can afford to pay towards your arrears and put your proposals in writing to the mortgage company. The clearer the proposals, the greater the chances of success. The larger, more reputable companies do not as a matter of course, want to see occupiers evicted and the properties sold. Their money comes, after all, from keeping mortgages in existence and receiving interest on them.

 

I have personally helped a Friend use the above in Court (on the Day before the Balliffs were due) The Judge was going to refuse but we mentioned that we would appeal, and the Judge finally agreed to suspend possession for 3 months so my friend could sell, although they had to make some payments during that time.

 

regards

 

JC

[whiteknight]

I have just received court paperwork from Halifax (via mother in law again. Have sent letter to drydens telling them of wrong address. Can I use the text in the other paperwork and do I write anything about the money in my business account which halifax wont let me transfer to the mortgage account.

 

Thanks

 

Chris

[whiteknight]

I have just received a letter from Halifax appologising for freezing my business account and saying that they will unfreeze it if i make a payment arrangement with eversheds (DCA) for the current account. This will mean I would be able to pay off the mortgage arrears with the Halifax. They did not however say how long it will take to unfreeze the account and I have to file the defence forms. What should I put in the defence papers for court?.

 

Thanks

 

Chris

[Ell-enn]

Hi there, what date is the hearing for Halifax case? I think you need to get the Endeavour one out of the way first (25th june - this week?). Once you get a monthly payment towards the arrears in place (and I'm, positive the court will grant it) with them we can concentrate on what to do with the funds the Halifax will release.

 

If the Halifax mortgage is in your wife's name she will have to go to the the hearing - but if you can get the funds released to pay the arrears in full on that mortgage you may be able to get the hearing cancelled.

 

Ring Eversheds on monday and see what they want as a payment arrangement for the current account.

 

Kind Regards

 

Ell-enn

Edited June 21, 2008 by Ell-enn

[whiteknight]

Hi everyone, well in court tomorrow, can anyone tell me of any do's or dont's during the hearing, i dont want to mess it up.

 

Thanks

 

Chris

[Ell-enn]

Hi there, firstly - try not to worry too much - the hearing will be conducted in a private room with just you, the judge and the other side. You will find that the judge will guide you - as it is Endeavour bringing the action, the will speak first and then the judge will speak about your defence. Make sure you have a copy of everything you have sent to the court so you can refer to it if questioned.

 

If you have made any payments recently, make a list and take a copy with you for the judge.

 

I'm sure it will be fine and you'll get a suspended possession.

 

Kind Regards

 

Ell-enn

[whiteknight]

Thanks, should i call the judge, your honour, sir, madam, maam or what.

 

Thanks

 

Chris

[Ell-enn]

You probably won't need to address him/her as anything really, but if the situation arises Sir (or Madam) will do.

 

Try to speak slowly and calmly. Also, if the other side's representative approaches you before the hearing just tell him calmly that you wish to wait for the hearing to discuss your offer. They very often try to intimidate you into thinking you have no chance - ignore them, it's just their job and they're usually wet behind the ears recently qualified law students trying to impress the judge (it doesn't usually work though!)

 

There might be a CAB rep in attendance at the court, if there is ask them to accompany you into the hearing, they can be invaluable.

 

Good Luck and stay positive.

 

Looking forward to hearing your positive result:)

 

Ell-enn

[gni03349]

Just read the thread, and wanted to throw in a "good luck", so... GOOD LUCK!!!

[whiteknight]

Thanks to you all, especially Ell-enn, court went well, suspended order and only 150 per month on top of mortgage. Enderavours lawyer was a bit full on pushing for a repossession order but once the judge mentioned the Norgan case the solicitor backed down and agreed our proposal for the arrears. If you are in a similar position definatly mention the Norgan case in your defence, it works wonders.

 

Once again thanks to you all.

 

Chris

[Ell-enn]

That's brilliant news, I'm so pleased for you. Well done for being brave and standing up for yourself. You must be very relieved now, have a little tipple and relax.

 

Kind Regards

 

Ell-enn

[Ell-enn]

P.S. once you've had a little rest, we need to sort out the defence for the Halifax claim;)

 

Ell

[whiteknight]

Thanks. Im having a large tipple one for me and one for you. The Halifax is a little easier they eventually released the funds from my business account but charged me 300 for the privalige. still proceeding with FOS complaint but I therefore paid 1100 of the 1400 arrears. Due to the incompitance ie sending letters to the wrong address, the charges applied to the case for legals etc and the fact that I now only owe 2 months arrears should I pay the additional 300 before court or be pig headed and see them in court. I know it sounds strange but they have caused me a lot of trouble andf nearly put my wife in the looney bin and I would like some form of retribution or am I being silly.

 

What would you recommend.

 

Thanks

 

Chris

[Ell-enn]

How much is the monthly payment to the Halifax? that's the one in your wife's name isn't it? I think you have to take into consideration the fact that your wife will have to attend court and if you don't think she's up to it, you need to try and get rid of the arrears completely and then they should cancel the hearing.

 

Ell

[whiteknight]

the mortgage is 170 per month. Is there anyway she can sign authority over to me, so I can attend court? ie represent her?.

 

Thanks

 

Chris

[whiteknight]

I forgot to metion 50 of this monthy payment is for Halifax insurance which we have cancelled so new payments will be 120 per month.

 

Thanks

 

Chris

[Ell-enn]

Would you be in a position to clear the arrears completely? I'm just thinking if it's possible, it would be better not to have two suspended possessions if it's not really necessary. The trouble with sp's is that if you miss just one payment the lender can apply for eviction straight away - if you can avoid the stress of keeping two going it would be better for your wife.

When is the Halifax hearing ?

 

Ell

[whiteknight]

Yes we could clear the arrears and I think the hearing is the 9th (still havnt got original paperwork). What is the process with court if we do clear all arrears off?

 

Thanks

 

Chris

[Ell-enn]

Hi, the lender cannot ask for possession if there are no arrears on the account. If you were to clear the arrears this week, you could then take the defence papers to the court with proof of payment (I thought you already had the court papers? - your post on 19th June?). You would need to write to the Halifax also asking them for confirmation that the claim had been dropped and the hearing cancelled.

 

Ell

[whiteknight]

No sorry the post wasnt exactly correct, we had received a letter from the stating the court date.

[Ell-enn]

OK, in that case if you make the payment to clear the arrears over the phone if possible, and ask them to confirm in writing that the hearing has been cancelled. Follow it up with a letter by guaranteed next day delivery confirming your conversation and the payment made.

 

Once you have confirmation from them in writing you would need to phone the court and check the hearing has been cancelled (wouldn't be the first time a lender has promised this has been done only for the poor customer to find a week later that it had not!).

 

Ell

[whiteknight]

Hi everyone im back with the ongoing saga of HBOS. I have been waiting for my wages to be paid into my bank so I can pay Drydens the 300 needed to clear all the arrears, however the bank has taken 160 in charges and paid a Direct Debit early so the account is now nil. I received new paperwork (Via my mother in law again) enclosing witness statements from Drydens now saying that another months mortgage has been added to the account and the arrears are now 518.03. No chance of paying this before the 16 July so could I get some help with the defence to take to court.

 

The main points are:-

 

1. Halifax froze my business account for 5 months, thus not allowing me access to the funds which would have been able to clear the arrears before any legal action was needed.

 

2. All corrispondence is being sent to my mother in laws house rather than our property, thus ceating a delay. All being sent to mother in laws because this was the property where we were staying whilst this house was being purchased. All Halifax letters aout arrears were being sent to OUR house ok.

 

3. I have sent numerous Data Protection forms to them so that they will speak to them about this matter but they say they havnt received them and refuse to talk to me.

 

Lastly its nice to see that Ell-en is now part of the site team and im not sure whether its promotion or not but WELL DONE you deserve it.

 

Thanks

 

Chris

[whiteknight]

Sorry forgot to mention, with point 1, I was contracting through an agency and being paid as a contractor (ie no tax or NI taken from source), but due to the freeze on the business account had to go PAYE which halved my take home pay by half. I know I would have had a tax and NI liability still but this would have been a lot less due to allowances available to contractors.

[Ell-enn]

Hi there, I have to go to a meeting soon but will get back to you as soon as I can.

 

Ell

 

PS. I've been part of the team for a while but the title and colour has changed for us all.