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HSBC Mortgage possession proceedings?


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Hi, did you send back the N11M defence form to the court?

 

Ell-enn

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Hi after a while,no form came attached from shoosmiths or court,so i called into court and they gave me a blank defense forn of which i filled one of them in and returned on saturday

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OK, you'll need to take a statement to court with you to hand to the judge. I can draft one for you if you want, but will need some info first.

 

Is the mortgage in joint names?

How many months arrears are there?

When was the last payment? - did this include anything towards the arrears?

How do you propose to reduce the arrears? monthly payments or lump sum payments?

Have you had any reply to your offer of payment to HSBC?

 

By the way, how were you notified of the hearing on the 21st if you had no claim form from the solicitors?

 

Kind Regards

 

Ell-enn

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Hi

Mortgage in joint names myself and wife

10 months on one two one other with 3rd one up to date [this is the one the reduced when standard life paid small endownment direct to them

total arrears 5146

paid this months on 5th no arrears

offered 25 per month but was refused by bank

endowment due nov. £12000 will reduce payment by 25% and clear arrears,sent copy to bank when making offer along with income and expenditure form

shoosmiths wrote and told me the date of hearing

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Are these all separate claims? Did the court give you a copy of the claim for possession?

 

Apologies for all the questions but I am trying to understand the claim :confused:

 

Ell-enn

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Hi sorry i am not making it very clear the bank sent me a letter demanding full payment of mortgage 53000 shoosmith/county court sent two claimform for possessions one to me one to my wife,although under defendants was both our names but at bottom of form it only states my name on one form with only my wifes name on the other but same claim number,of which i have filled the defence form in my name back to court

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hi the three seperate seperate mortages of which two are in arrears the other up to date [and 4200 in advance re standard life payment]they are stating just the two which are in arrears

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Hi, is the 53,000 made up of 3 separate mortgage loans?

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HI thats correct but it is not 53000 now because of 4200 payment re standard life and recent payment but have added interest so = about 50000 now

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Sorry, both posted at the same time. I've got the picture now, thanks.

 

So, what are your proposals for payment for each of the mortgages in arrears? I understand you will be paying monies from an endowment due in November - will this clear the arrears, and do you have proof of this endowment that you can show to the court?

 

I will draft a statement in the morning and post on here once you have answered the above.

 

Ell-enn

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hi ihave statement from standard life [of which i posted a copy to hsbc] but they have not as yet replied to my letter,the policy is on the same terms as i paid to them direct in may,i have contacted standard life who confirm payment will be made to hsbc on or about the 21st nov 2008 approx 12000 plus any bonus,i could if required cash in endownment but this seems silly,in the worst case i could borrow from my four sons the arrears of 5000 if you think this would be my best way out,but will take your advice thanks so much

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Hi, obviously the best scenario is to pay off all the arrears before the hearing. However, if you are able to make the normal monthly payments plus something towards the arrears you should get a suspended possession - you can then pay the arrears with the Standard Life payment. It's up to you how you want to play it.

 

Ell-enn

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Hi,have just recieved from shoosmiths,by way of serviceupon you is a copy of the witness statement and exhibit.the three accounts total 48965.04

total arrears = 6283.37 if i could manage to pay the arrears would this stop the court case?will you be posting a letter that i can give to judge at hearing?would it be an advantage if my wife attended as well,sorry about so many questions,thanks trevor

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Hi there, if you paid off all the arrears it would probably not stop the case at this late stage - but HSBC would not be able to get a possession order - if there are no arrears. If that were the case I would advise yo to still attend the hearing and tell the judge that the arrears are completely paid off and ask for the claim to be dismissed.

 

Although HSBC would tell you that you didn't need to attend - they would attend and likely ask for an adjournement with leave to restore. This means that should you ever get into arrears again they would be able to "fast track" the hearing.

 

I have drafted a statement for you to take to court, but was just waiting to see what you decided to do before posting it on here for you.

 

If you let me know if you are going to pay the arrears off I will amend the statement for you to hand to the judge.

 

Kind Regards

 

Ell-enn

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Hi,can you assume that i will not be paying all the arrears,need to contact 4 sons,could well be a bit tight for time,thanks

trevor

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Hi, OK will do... how much are you going to offer to pay towards the arrears each month on each of the two accounts?

 

i.e.

account 1 - normal monthly payment £xxx payment towards arrears £xxx

account 2 - " " " " " " " "

 

(nearly there:))

 

Ell-enn

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hi

accountxxxxx25 = £414.00 plus £25 per month arrears

account xxxxx05 =£339.63 plus £25 per month arrears

account xxxxxxxx = £79.34 no arrears [was £111.00 per month but took standard life cheque of £4222.39 of total thus reduced payments,although cannt understand why the never used this amount to reduce arrears]

this is a prob as i cannot realisticaly offer much more because of other payments i have to make,do you think this would be a prob,should i offer a little bit more,knowing that come november[4 payments] arrears will not be a prob

thanks trevor

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Hi there, you should never offer more than you can afford. If you have filled in the defence form for court showing your income and expenditure and that shows you can only afford £25.00 extra on each of the two accounts, then that is what you should stick with.

 

Just one more question, what was the reason for the arrears? the judge will probably ask you if you don't offer an explanation on the statement.

 

I am almost ready to post the statement, just need the reason for arrears and we're done:)

 

Kind Regards

 

Ell-enn

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Hi,i am 62 wife 61

15yrs ago my company i worked for was involved in management buyout.with reult that when company floated on stock market the value of my shares was worth over 100k,rather than sale shares[major mistake in hindsight] i borrowed extra on mortage and credit cards,for extention to house ,hols.help youngest thru uni etc,always with the thought that when the time came i would sell shares,pay off debts and have a small lump sum on retiring.Company got involved in `irregular accounting` shares fell freefall,then suspended. got about £2500 in the end.

i have contacted my unsecured creditors and come to an imformal arrangement with all of them,thus i only have a limited amount left in my monthly pot.

should have concentrated on my secure debts first ie mortgage,easy to say now,still like they say never to old to learn

thanks trevor

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Hi sorry forgot to mention

account xxxx25 ends 1n 36 months

account xxxxx05 ends 43months

account xxxxxx13 no arrears one ends in 14 months

thanks

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still like they say never to old to learn

thanks trevor

 

As my old dad used to say "every day's a school day" :)

 

Are you and your wife still in employment or retired? (last question!)

 

Ell-enn

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Hi,i am in full time employment carpet estimator with allied 27 yrs

my wife is not employed gets oap pension of £179 per month

both have bus passes!!!!

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OK, here's the statement affixed (bottom of post).

 

Obviously where I've put XXX's you need to put the info in. When you print it out make sure it all stays on one page (sadly, judges can lose interest if the statement goes on too long!)

 

Where I have indicated appendices are affixed you need to write the claim number on the top left hand corner and the Appendix number on the top right hand corner of the corresponding document.

 

Once you have got everything together and in order, take 2 photocopies of everything. You will need to take 3 sets with you to court, one for the judge, one for yourself and one for the other side.

 

If it's any consolation to you, I helped an employee where I work last year who had £9,000 worth of arrears, hadn't made a payment for a year and his offer of payment was to cash in an endowment. All this was put to a judge the day before he was due to be evicted (he didn't bother turning up at the 1st possession hearing!) - he won! and he's still in his home.

You have nothing to worry about:)

 

Any questions, just shout.

 

Kind Regards

 

Ell-enn

Muckup Statement for Court.doc

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