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"Claim for possession of property" just got it


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I have to attend court on 30 Sept and I have arrears of about 3k - I've been through this once before about two years ago and I got it under control that time. I'm worried sick because this is the second time i'm being taken to court they will simply repossess my house. Any help would be wonderful.

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Hi there Cooperman & welcome to CAG. The short answer is NO, they won't just repossess your house.

 

I need a bit more info before I can start to help. When you say it's the second time you're being taken to court is this a new claim for possession or resurrection of the previous one?

 

Don't worry, there is always something we can do.

 

Kind Regards

 

Ell-enn

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Have you got an N11M defence form with the claim papers?

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Right it's a new claim then. Ok, are you able to make extra payments each month towards the arrears?

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We shouldn't have a problem with this then. If you can't pay all of the arrears your lender will get a suspended possession order and provided you stick to the payments you will be ok.

 

You need to get the N11M back to the court - Q.27 i the most important part and I will help you with the correct wording for that.

 

How much are you able to offer extra each month?

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OK, best thing to do is download another copy of the N11M from here: Her Majesty's Courts Service - Home Select Forms and Guidance from the menu on the left hand side and enter N11M in the box, this will take you to the page where you can download it. Print it off and use it to practice on - particularly the financial questions, you need to show how you arrive at having £150 extra left over each month to pay towards the arrears.

 

Now, the info I need for the text for Q.27:

 

Is the mortgage in joint names?

Do you have any children living at home?

What was the reason for the arrears (you'll need to give some explanation)

 

 

Ell

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So would you say that the arrears arose due to greater than budgeted expense in setting up a new business?

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Pretty much spot-on - I have receipts for £1500 for part of the biz, and another grand or so in unexpected purchaces, stock, utilities etc, all accounted for, receipted and less than the outstanding amount on the mortgage (before the legal costs of £500 were added)

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OK, I'll draft up the text. If you can make a start on the N11m and let me know when you've completed it, we can then finalise the Q.27.

 

Have you made any payments recently?

 

Ell-enn

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Hi, take your time completing the form, make sure you get your facts right, then copy it all onto the final version (or complete it on the PC and then print out when you have the text for Q.27 - you can just copy and paste what I send you).

 

Won't be long.

 

BTW - did you go to court last time? or was it sorted beforehand?

 

Ell

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Just one more thing - have you got a business sales forecast for the next 12 months, would be an idea to affix that to show you can make the payments you are proposing.

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It went to court. Shelter provided the solicitor and she was outstanding. The judge gave me a six month repayment plan then they added the outstanding arears to the capital. I met my obligations but then this business came up and it was too good to miss - I'm already making ok money and its improving weekly. Thank you so much for your help - I will have a good go at this form tonight. Thanks again, so much, for your help.

Chris.

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Sorry, another question - do you employ anyone in the shop?

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OK, thanks

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Hi, have you completed the form yet? I have the draft text for Q27 ready when you are.

 

Ell-enn

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