Court Date for claim for repossession Friday 19 September 2008

[lihi]

I am writing on behalf of my partners parents in the hope that I can help with the help of CAG.

 

The house was bought in summer 2004 on a mortgage with Kensington over 17 years due to their age and when the mortgage was up for renewal it was taken with GE Money and some equity was released due to the increase of value from works carried out on the property. When they ran into difficulty with other bills they took an additional mortgage with Kensington on top of GE Money to release the equity to pay off other debts in 2006. The house was put on the market early 2007 with pretty much every estate agent in the area and since then though there have been lots of viewings and interest no offers have been made, the main earner of the house is self-employed which is the reason for the sporadic income. They started to run into difficulties with the GE Money mortgage early 2007 which resulted in a notice for repossession issued to the court, when the case was heard at the court it was agreed that the arrears of £200pcm would be paid on top of the mortgage. This worked well until work slowed down and they ran into difficulties with the second mortgage with Kensington for the smaller amount who then issued a claim for repossession in February of this year, the court date was given for April 2008 and when they attended court legal support was made available to them and it was allowed at the court for them to be allowed a longer period to prepare a defence when this time expired an N244 form was submitted asking for more time in the hope the property would sell, no such luck. The court date has now been confirmed as Friday 19 September 2008 at 1pm.

 

Because of all the issues they have had previously with the first mortgage last year in a panic and expecting to be issued an eviction notice they ceased all payments to both companies since around February 2008 as the main earner was in and out of work and so that they would have enough money to set themselves up again following an eviction.

 

As my partner and I are in a position to help being in rented accommodation we gave notice on our home and moved in last month (with my young daughter aged 5 who attends a local school) and wrote a letter offering £1200 per calendar month towards the mortgage payments including any arrears.

 

We desperately need help any advice on preparing a defence for the 19th.

 

Thanks

[lihi]

The arrears for each mortgage are around;

 

GE Money £13,690.34

Kensington £5610.25

[Bona]

Ellen will be able to help what are the repayments can you pay them and what can you repay on the arreas

[OLIVE.FAMILY]

Hi there. I am so very sorry to hear of your situation. In my opinion as you and your family have moved in and given up your rental property i feel you have a good chance.

 

Somebody else will be along soon to advice you better though.

 

Good luck

olives (anouther Kensington customer) xx

[OLIVE.FAMILY]

Sorry forgot to say, you will need to do an income and expenditure

 

xxx

[Ell-enn]

Hi there, I can help with a statement for them to take to court. Obviously your partner's parents will have to attend and your partner could go with them for support as he is contributing.

 

You should get them to complete a budget sheet (affixed) showing their total income (including what you contribute), this will show how you arrive at the amount you are able to pay towards the arrears.

 

I will start to draft a statement in the morning

 

Kind Regards

 

Ell-enn

Budget Sheet.xls

[lihi]

Many thanks for your responses already, the repayments are;

-GE £1,599.14 plus the £200 arrears payment previously agreed at court

-Kensington £675.72

 

I've already got an expenditure form but the formula has gone from the priority debt cells so am on the hunt for a new one.

 

Thanks again xx

[lihi]

Hi there, I can help with a statement for them to take to court. Obviously your partner's parents will have to attend and your partner could go with them for support as he is contributing.

 

You should get them to complete a budget sheet (affixed) showing their total income (including what you contribute), this will show how you arrive at the amount you are able to pay towards the arrears.

 

I will start to draft a statement in the morning

 

Kind Regards

 

Ell-enn

 

Thanks for the budget sheet, I will get them to start inputting the figures and many thanks for helping with the statement, your help and everyone elses support is much appreciated.

[lihi]

I've never been involved in this sort of experience before and carrying out as much research as I can I'm sick with worry as I see that some judges have ordered repossession the same day as the court date.

 

Is this likely to happen in our case? Can someone please talk us through what we can expect?

[Ell-enn]

Lihi, every case (and judge) is different so you shouldn't base your fears on what has happened to others. You c an only put up the best defence you can and we will help you with that.

 

Try to stay positive - if you are able to prove that monthly payments and extra towards the arrears can be maintained then you have every chance of getting the possession suspended.

 

Kind Regards

 

Ell-enn

[Ell-enn]

Hi lihi, let me know when you are ready to start the statement for Friday and I have made a draft but need some info to complete.

 

I am not able to get online at night at the moment until my internet is fixed.

 

Kind Regards

 

Ell-enn

[lihi]

Sorry Ell-enn I have not been able to get on the site for the last couple of days.

 

Please let me know what you require and I will provide, many thanks.

[Ell-enn]

Hi there, I'm back on line at home now, will be sending you the statement in the next hour or so.

 

Ell-enn

[Ell-enn]

Hi there, affixed is the statement for court - obviously you will need to fill in the information where I have put XXX's and also at the top of the page the claim number, names, court etc.... (remove the brackets afterwards)

 

You need to affix the budget sheet - write on the top left hand corner the case number and on the top right hand corner Appendix 1.

 

You will then need 3 copies of the statement and appendix, one for yourselves, one for the judge and one for the other side. When you arrive at court (in plenty of time) give one copy to the usher and ask for it to be given to the judge before your case is heard. If it cannot be done, wait until you are in the room and when the judge addresses you just ask if you can offer an up to date statement and hand it over to him/her.

 

I have also affixed the Norgan case law quoted in the statement so you can read it and understand why it has been used. Take a copy to the court for reference (not to be handed to the judge - he should know it!!)

 

Any further questions, just shout - I will be on line for the rest of the evening.

 

Ell-enn

Lihi Statement.doc

Cheltenham & Cloucester v Norgan.doc

[lihi]

Thank you so much, we're going to polish everything up tonight ready for tomorrow.

 

Am glad that the day has come so quickly, will be glad to get it over.

 

Thanks Ell-enn and will update you all tomorrow.

[Ell-enn]

Will be thinking about you tomorrow:)

 

Stay positive.

 

Ell-enn

[mich7k]

Good luck for tomorrow

[lihi]

Thank you, I actually got it wrong the case is at 10am not 1pm (good thing someone is thinking clear). Feel sick as a dog and looking forward to the outcome regardless so that we can all move on and look to a brighter future.

[OLIVE.FAMILY]

Good Luck. We are all thinking of you

 

olives xxx

[jaxads]

Best of luck - here's hoping it all works out for you xx

[lihi]

Good news people!!

 

I waited for them in the designated area, they recorded their arrival with the court and handed them the statement, income and expenditure form and another letter from myself and my partner confirming we had moved into the property, the usher commented how impressed he was with our bundle so that cheered us up. Young girl arrived representing Kensington, she was really pleasant and was honest about the procedure, there was nothing intimidating about her and nothing like what I was expecting. We gave her a copy she said she was going to contact Kensington and see if they still wanted to proceed, she confirmed they refused and was now at judges discretion.

 

They got called in and were in there about 10 minutes, they said he was very nice, was understanding about the current market situation and was clear in explaining if they defaulted on this agreement this was there last chance. They agreed on a £50pcm on top of paymet to clear arrears and £100pcm on top of first mortgage. As nice as the Kensington lady was she tried hard to push for the warrant but the judge was not interested and she left unhappy. When they came out she tried to get them to hand over their contact numbers which I said no to and stated that all communication was to remain in writing due to the aggressive nature of the people that have called previously.

 

I was nearly in tears waiting for them so I can't imagine how they felt, the energy in the waiting room was no negative you could have cut it with a bread knife and if felt like they were in there hours. I'm so pleased and now we have this out of the way I hope to help them get themselves in order with all the other debts so their future looks brighter.

 

A massive thank you to Ell-enn and everyone else for you well wishes

xxxx

[jaxads]

BRILLIANT NEWS - well done.

[mich7k]

congrats and well done hope they have a peaceful nights sleep

[GuidoT]

Pleased for you too.

[Ell-enn]

That's terrific news! Tell them well done for being so brave, and well done to you too for being so supportive. I hope you can all relax now. Open a bottle of wine tonight and celebrate your success.

 

Kind Regards

 

Ell-enn