HSBC suspended repossession order

[rdm2006]

lets hope it gives me a chance then LOL

[rdm2006]

do i have to send a copy to shoosmiths?

[steven4064]

let them do their own homework.

 

If the case gets to court you will need to include it in your court bundle and then send it to shoosmiths.

[rdm2006]

court is due on the 18th

[steven4064]

As i said, a copy of the case should be included in your court bundle if you want to use it in court. Remember that it has no authority - you are suggesting it merely for guidance purposes.

[rdm2006]

sorry do i have to send a copy of m11 to shoosmiths

[steven4064]

m11?

[rdm2006]

GOBSMACKED

 

I have received a letter from Shoosmiths today (dated 7th November) to say that they have sent the following letter to the Court Manager.

 

Arrangements have been made for payments to this mortgage account and at the moment our client does not want to ask for an Order for Possession of the property.

 

We would therefore be obliged if you would place this letter on the Court file so that it can be considered by the District Judge at the Hearing and ask on our behalf for the case to be generally with liberty to restore, if the claim is not restored by 7th November 2009 the claim be struck out.

 

We will not be sending an agent to the hearing to repeat this request. No disrespect is intended to the Court. We are endeavouring to minimise the amount of legal costs incurred in these proceedings.

 

We have written to Mr & Mrs RDM2006 today stating that we will be asking for the case to be adjourned generally, rather than an Order for Possession

Bearing in mind that: -

 

• We originally asked them to hold off until the ombudsman complaint regarding mis-sold critical illness cover was sorted and were refused point blank
  
• We arranged repayment of the arrears and they insisted that this would only be accepted with a suspended repossession order to back it up.
  
• The month before last we did not pay the whole amount as we needed to tax & insure our car and got a snotty letter advising us that they were now going for repossession again
  
• Last month (due to the above snotty letter) we did not pay any of our mortgage (we thought sod it we might as well as they were going for it anyway)
  

What kind of tactic is this? Are they afraid that if we told the judge what they have been doing to us for the last 4 years he might just tell them to cough up some compensation and pay off the arrears and give them the remaining amount?

 

Any ideas/opinions?

 

Edit

 

Also does this mean that they no longer have to supply the info requested on the CPR?

Can I go to the hearing and ask the judge to force them to supply this info?

Can I add to the CPR (ask for more info)?

 

To me this is another case of abuse of the court system to scare us (well it didn't work the first time and it didn't work this time either)

Edited November 14, 2008 by rdm2006

[steven4064]

Did you send the letter in post #22?

[rdm2006]

Hi Steve

 

That was on the M11 which i sent to the court and a copy to the sols

[citizenB]

I would be suspicious of their claim that they have written to the court. It might be a good idea to phone the court and see if they have received anything.

 

Is there a date stamp on the envelope the letter came in ?

[rdm2006]

I will still be going to court to put my points across

[rdm2006]

sorry for side stepping but

 

I remember reading on here somewhere that a judge (scottish i think) had extended the statute barred time limit for damages, I think it was against a council

 

 

anyone know where it is?

[rdm2006]

not long to go now - any advice would be helpful

[citizenB]

Good luck for tomorrow rdm, if you need any further help before tomorrow. It might be a good idea to pm either or both 42man and stephen, just put a link to your thread and ask them to pop in.

[steven4064]

Good luck rdm

 

All I would say is write yourself a brief - just key headings of the argument you want to make - it will give you confidence

[rdm2006]

thank you both

 

anyone got any vallium?

[citizenB]

thank you both

 

anyone got any vallium?

 

For you or the other side ? Good luck

[rdm2006]

well it didnt take long, I was only in 10 mins

told the judge that we had had an on going battle with HSBC since they failed to pay us mortgage protection back in 2004 and that by doing this they had destroyed our credit file, how they failed to put our insurance right even after FOS complaint, how they had called us "habitual overspenders", that there was an ongoing complaint with FOS which (if ruled in our favour) would more than pay off any arrears etc etc.

 

Judge said that he could see that we had an ongoing struggle with them and that he would instruct them to give me all info i had asked for and allocate a longer time for the next hearing

[steven4064]

Well done.

 

The judge obviously took notice of what you were saying. To make an order like that may not seem a lot but it will really put HSBC on the back foot.

[citizenB]

Excellent news rdm.

[rdm2006]

just doesnt feel like that at the moment

[TUTTSI]

Hi RDM,

 

I think you did really well and HSBC will have to supply you all the info that you require. This should put you in a better position.

 

All the best

Tuttsi xx

[rdm2006]

received a letter from court today which says: -

 

On the XX XX XX Deputy District Judge XX at XXXXXXXX court

 

Upon HSBC Bank Plc not attending

and upon hearing Mr RDM2006 in person

and upon hearing Mrs RDM2006 in person

 

IT IS ORDERED THAT

 

1. The Claimant do reply to the Defendant's counterclaim and request for information by 4pm on 16th December 2008
   
2. The possession hearing is adjourned to:-
   

XX January 2008 at XX:XX pm at XXXXXXXXXXXX COURT

 

 

I wonder what they will do now

[citizenB]

-

 

 

 

 

I wonder what they will do now

 

With any luck they will jump in the hole they have dug and pull the soil in after them