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Can i clarify something regarding re-possesion?


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I am in a position where i am due in Court for the repossesion hearing in about 10 days.

I have had the place on market and had a buyer, who pulled out about a week ago, which was a real blow as the solicitors had said only proof of exchange would stop proceedings.

 

As an aside the flat is on market and even current climate, should sell quickly. I had a viewer saturday, who is coming again tonight. I have a reasonable (15%) deposit on the property.

 

I guess, what i am trying to see is if there is anyway i can get the lender (abbey) to postpone the hearing...maybe with a re-payment plan?

 

I am just trying to buy time as i think that very quickly i can get postive action regarding a sale (this is not wishful thinking)

 

Needless to say, i am extremely stressed

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Hi there,

 

Sometimes you can get the lender to accept a paymant proposal. If you write to them with an income and expenditure for enclosed as well they may accept it. If they dont then you can show the judge at the hearing that you have made an attempt to come to an arrangement and the bank is being awkward.

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Hi there, jut a few questions so we can advise you further:

 

are you in a position to make a payment arrangement?

have you been making any payments recently?

how many months arrears are there?

did you return the defence papers to the court?

 

Kind Regards

 

Ell-enn

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I am about 3 - 4 months overdue. I received a letter from Eversheds about 3 weeks ago dated April that they had applied to the court. The following day, i received another letter dated correctly with a court date (next week). I have not recieved anything from Court which i thought was odd.

I can afford a repayment plan. I have the property up for sale and had an offer that was close to exchange until she pulled out last week. I naively thought if i had an offer on table, the proceedings would be stopped.

 

The solicitor who was going to deal with conveyancing initially wrote to eversheds about sale. They replied that they would only cancel if we exchanged contracts.

 

The closer this gets the more nervous i am. The biggets issue with the property is not losing it (its up for sale as mentioned) its more that the deposit and equity (there is still some) is basically my short term future. Without dragging on, i have been forced to pay my mothers mortgage on top of mine for about 16 months and its been hell. I've had to put hers before mine as how can you let your 72 year old mothers house be at risk?

 

I work and am reasonably well paid.

 

Do these websites that say "We stop repossesions" actually work? I see there is some of these that arent lenders

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Hi there, you will get all the help and advice you need to fight the repossession on this site, without having to pay a fee to, or undersell your home to, one of these "stop repossessions" companies.

 

If you are able to show that you have an income which will support your monthly payment + an amount towards the arrears while the house is being sold you should have no problem in getting a suspended possession and theer is some case law we can use for your particular situation. I have been involved in helping people in much worse situations than yourself - even on the day evicition was due to take place - and they have kept their homes.

 

Did you return the defence papers to the court? If not we will need to work fast to get them completed and into court asap as they should normally be filed at the court at least 14 days before the hearing. DO NOT FILE ON LINE as it is too late to trust that system. You need to take them to the court. I can help you fill them in, just let me know when you are ready to start and I will draft yo a statement for Part 27 of the form which is the important part the judge will use to decide on the outcome.

 

Kind Regards

 

Ell-enn

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Hi, in that case you need to telephone the court ASAP and ask them if they have a possession hearing listed for you for that date. Did Eversheds give you the name of the court?

 

It has been known for court papers not to be delivered, although it is unusual.

 

Ell

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OK, once we know what we're dealing with we can make a start on defending it.

 

Ell

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OK, i have the forms back. I have to say that as the time gets near (its actually next wednesday) I am getting more and more jittery. Not had stomach feelings like this since i was at school)

 

My solicitor dealing with potential conveyancing has supposedly written to lender requesting payment plan. However, she has not responded to my mails for about a week, so not sure if she has done and/or got a response. I am clinging to hope i can avoid morning in court.

 

I guess i need to get this form back asap?

 

Any tips?

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Hi there, you need to get the form to court asap. Do you have a repayment plan in mind? i.e. how much can you afford to pay towards the arrears on top of the normal monthly payment? What payments have you made recently?

 

I can draft a statement for Q27, once I have a bit more info.

 

Kind Regards

 

 

Ell-enn

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I can afford to pay extra. It just takes better financial management on my behalf.

I receive a large chunk of my pay via bonuses from projects. I need to input the figures before I can put a figure.

The reason for current problem is that I have been forced to pay mothers mortgage on top of my own for about 18 months. I also pay maintenance for my two children.

I have a slight concern that as I am trying to sell and selling is my way out of this problem, it may be deemed that actually taking the property away is doing me a favour. The issue for me is that there is a reasonably hefty deposit and some equity in mortgage and being honest, that is my main concern for keeping property. This is as opposed to being homeless etc as moving into mothers home which I pay for is definitely the better option

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Hi, I have to go into a meeting now, I'll be back to you as soon as I can.

 

Ell-enn

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Keeping your property has to be the best option if they repossess you will be paying a shortfall for years sugest you keep trying to sell and we will try to advise you on the best plan to put to the court

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Hi, once you have a monthly figure you can afford towards the arrears let me know and I'll finalise the statement.

 

Kind Regards

 

Ell-enn

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Yes £150 pm sounds fine. I will draft you a statement later today and then you really need to take the forms to the court tomorrow.

 

Be back later.

 

Kind Regards

 

Ell-enn

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i will. Just to confirm my other point about having the place on the market. Is it not conceivable that it may seem to be doing me a favour by taking property back and selling at auction? (which it is obviously not!)

 

I'm just concerened about appearing to plead for time to sell property, may not be a good tactic

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OK, no need to ask for time to sell property. If you can show on the income and expenditure part of the court form that you can afford £150 per month on top of the normal mortgage payment, then that should be enough. We can use the Norgan case law in the statement.

 

I've known people with much larger arrears than you achieve payments of £150, so I don't think you should have much trouble.

 

Can you make any payment towards the arrears before the hearing?

 

Have you made a normal monthly payment recently?

 

I will try to get your statement done this afternoon, but I have a couple of meeting to attend. If not, it will be early evening - are you able to be on line then?

 

Kind Regards

 

Ell-enn

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I had a sale going through and was getting to exchange. I niavely thought exchange would happen before hearing...so, no i havent made a payment recently. I can probably get some money together pre-hearing.

 

Just to confirm...the sale fell through

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OK, I'll do the statement with the offer of £150.00 towards the arrears. If you can make a payment before the hearing (and get a receipt- printed bank statement etc) that will look even better for your case.

 

Is the mortgage only in your name?

 

Kind Regards

 

Ell-enn

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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OK, I'll get it done and post it on here this evening. You can download a copy of the form from Her Majesty's Courts Service - Home select Forms & Guidance from the menu on the left hand side and enter the N11M in the box. You can then download it and paste the text I am going to give you into the space at Q.27, then just print out that page and substitute for the one in the pack.

 

Try not to worry too much, I would be very surprised if a judge awarded possession to the lender at the very first time of asking - especially when you have an income and can make regular payments.

 

Back later

 

Ell-enn

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Hi there here is the text for Q27. You need to get those forms to the court tomorrow.

 

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

 

  • The arrears arose as a result of increased expenditure due to having to support my elderly mother who had experienced severe financial problems. Thankfully the situation has improved and my expenditure has returned to previous levels.

 

  • I am able to offer payments of £250 per month towards the arrears in addition to the normal monthly payment of £xxxx.

 

  • I respectfully ask the court to take into account the case of The Cheltenham & Gloucester V Norgan when considering my offer of payment towards the arrears.

· I assure the court that I am committed to reducing the arrears in order to remain in the property and thus avoid costly repossession charges.

 

 

 

Put the amount of your normal monthly payment where £xxxx

We will do an up to date statement for you to take to court showing what payment you have made.

 

Kind Regards

 

Ell-enn

 

 

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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