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

[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

[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

[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

[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

[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

[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

[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

[Ell-enn]

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

 

Ell-enn

[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

[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

[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

[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

[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

[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

[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

[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

[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

[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.

[Ell-enn]

Hi there, I take it that this is the mortgage that is in your wife's name?

What were the bank charges for and when was the direct debit taken out?

 

Kind Regards

 

Ell-enn

[Ell-enn]

You could ring the bank and ask them to recall the DD as it was taken early? Do you have 24 hour telephone banking?

[Ell-enn]

Hi there, huh, your bank is really helpful NOT it's real bad luck that you are in this position.

 

Oh well, we'll just have to draft a statement for you to put into the N11M (I assume that's the form you've got?) stating that the arrears will be paid on the 16th. As the loan is in your wife's name she will have to go to the hearing but you can go with her and speak for her.

 

I have to go out for an hour or so, but will get onto drafting the statement when I get back.

 

Kind Regards

 

Ell-enn

[Ell-enn]

Hi, sorry it took me so long to come back to you - I've been a bit busy at work today. I have drafted a statement for you to put in Q.27 of the N11M.

If you make payment on the 16th by telephone before the hearing, you could then take a statement to court confirming that the arrears have been cleared. If you have internet banking you can print of the statement and show that in court.

 

 

The defendant respectfully asks the court to consider the following when hearing the claim for possession:

 

 

• The property at xxxxxxx is valued at £XXX and has outstanding mortgages of £20,000 and £32,000
  

 

• The arrears arose as a result of the defendant being unable to work for 8 weeks due to being diagnosed with depression. The condition was brought about due to stress following the defendant’s husband, Mr XXX undergoing heart surgery which resulted in him being unable to work for a period of time also. On Mr XX’s return to work, a contract he had relied upon was cancelled and he found himself unemployed.
  

 

• The situation has now improved - both the defendant and Mr XXX have secured permanent employment and are able to make payment to clear the arrears on the 16th of July 2008.
  

Kind Regards

 

Ell-enn