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

[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

[whiteknight]

The bank charges were classed as "arrangement fees" for going overdrawn and the direct debit was taken yesterday for a loan which is due on friday, we hoped to get the money out before the dd was due.

[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?

[whiteknight]

I tried that today and they said that they wouldnt be able to reverse it for 48 hours by which time the loan will be due and they will then take it again for the loan.

 

We will be able to pay on the 16 but that is the court date.

[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

[whiteknight]

thanks

[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

[whiteknight]

Thanks for your help I will let you iknow how we get on.

 

Regards

 

Chris

[Ell-enn]

Good Luck - I'm sure it will be fine

 

Ell x

[whiteknight]

Hi All,

 

Drydens are amazing (not), I have just managed to speak to them and informed them that a payment will be made on the 16th for the full arrears before the case is due to be heard. They have said that if I get the cashier to phone them, they will inform their rep at site to adjourn the case. I asked why adjurn the case as with no arrears the case should be cancelled, they informed me that it was to save us money should the arrears ever reoccour (they wont charge us legal costs again). They must think im stupid, surley this means that if one payment is as much as a day later they can spped it through to court again (am I right or wrong?). How can Iensure that this is thrown out and no records are carried on for the future?. I dont antisipate any problems in the future but I dont want to make it easy for them if anything should happen.

 

Thanks

 

Chris

[Bona]

Go to the court with your payment and ask for the case to be dismissed also note these telephone call and tell the judge that they were informed of the payment and that they should not have their costs

[whiteknight]

Sorry forgot to mention that Drydens have said that they wouldnt be able to put this in writing as I have requested it and not my wife even though she has signed a dat protection form in my favour. She cant phone during their working hours so I have no proof of the conversation we had.

[Ell-enn]

Precisely why I tell people never to believe them when they say "you don't need to attend court - we will cancel the hearing". In many cases they don't cancel at all and get their rep to ask for an adjournement - and you won't know until after the event.

 

My advice to you would be to go to the hearing with the receipt for the payment made and get the case dismissed as there are no arrears. You can take a brief statment to court explaining the circumstances and showing payment made that morning.

 

Kind Regards

 

Ell-enn

[Bona]

And dont forget to ask to have there costs not allowed for the hearing as to attend when they new is was cleared was unreasonable

[whiteknight]

Hi All,

 

The sga continues, I have just received the suspended possession order from the court and they have got the dates wrong, the judge ordered the first payment for the 8th August and they have put on the 8th July. Well its the 10th today so no chance of paying before the 8th then. I have tried to phone the court but they say their computers are down, should I contact endeavour or wait till the courts computers are up and runing again.

 

Thanks

 

Chris

[Ell-enn]

Hi, I should wait until the court's are up and running and ask for a new order to be sent to you with the correct details.

 

What's happening with the Halifax case - I assume you are going to attend court on 16th? If you don't they will ask for an adjournment with leave to restore and if you have any problems paying in the future they can "fast-track" a possession hearing. If you have paid all the arrears before the hearing, you must attend and get the case dismissed due to no arrears.

 

 

Ell

[whiteknight]

yes going to court on 16th my wife is going too even though she is a nervous wreck. Im not worried about the hearing just whether they can get a leave to restore judgement. Drydens are stating that this would be better for us because we wont incour costs if we fall behind again (they must think im stupid). Thanks to your help and others advice I am certainly more clued up. Will let you know what happens

 

Regards

 

Chris

[Ell-enn]

Yeah right - you would still incur costs - they would charge you for their representative attending again!

 

Did you return the N11M form to the court?

 

Ell

[whiteknight]

Hi Ell,

Just spoke to the court and they admitted they had made a mistake and are sending new order out. Yes sent defence forms back.

 

Thanks

 

Chris

[whiteknight]

Hi everyone, just an update, had court hearing and the judge threw the case out of court. Halifax and Drydens were told that they had acted inappropriatly on bringing the action and although they virtually begged for their costs, no costs were to be charged or awarded. So all this work and they get NOTHING. Thanks for all your help.

 

Chris

[Bona]

Great news

bona

[Ell-enn]

That's brilliant, well done:) I was wondering how you'd got on.

 

Ell-enn

[whiteknight]

Just when I thought it was all over the Halifax (sorry I mean Lloyds TSB HBOS) or whatever they are now called, have written to me and advised us that £843.76 has been debited to our mortgage account for legal fees. Is this correct the court order says no award for costs. Does this order only mean for the day in court or for the whole action??????.

 

I have a feeling that halifax are trying it on again, and they nicely told me that interest is accruing daily so we may preffer to send them a cheque for the amount.

 

Does anyone know whether this is correct or not and what should I do.

 

Thanks

 

Chris

[OLIVE.FAMILY]

I amsure somebody with a bit more expertise then me will be along soon, but mortgage comapnies usually have a clause called an Indemnity which means you will always have to pay costs even if you take them to court and win.

 

I think i read in anouther thread you can challenge the costs as justifiable to actual costs. EG Solicitor cost £200 they charge you £250 but i believe that takes some doing.

 

olives xx

[whiteknight]

thanks for the info.

 

Chris