What should i expect from court hearing about a house repossession

[Micana]

Hello.

I've read few threads about repossession. I've got similar situation here. We are two months behind of our mortgage payments which is £1600. Two months ago we agreed (on the phone) with mortgage company that we pay £300 extra on top of our monthly payment which is £900 to clear our arrears. Still the mortgage company is taking us to court. The hearing will be held on 11/11/2008. So I dont know what to expect from the hearing. Will be our house repossessed even we are paying more and who is gonna pay court's fees.

It's very hard to clear the arrears becouse the mortgage company charging us every month for payment delay or for sending letter to us.

Thank you.

[OLIVE.FAMILY]

Hi there Micana.

 

You have come to the right place. Please do not worry. If you carry on paying your montly payments and a bit on top you will be fine I am sure. Can you afforrd £300 a month extra. If they are taking you to court anyway you can lower that amount.

 

Ell-enn will be around soon and she will help you writ a letter to your morgage comapany. At least then you will have refusal in writing which you can show to the judge.

 

Even if you offer £100 a month that will only take 16months to clear which really is nothing. For example I have £6000 worth of arrears and I pay only £100 a month.

 

Who is your mortgage comapny?

 

When you do go to court you will be in the Judges chambers which is just anouther word for his office. There will be you, the judge ans a representative from the mortagage comapny. The judge will ask you both idvidualy as to what you want and an expalnation from yourself as to how the arrears happened. The judge will want to see a income and expenditure form so he/she can see that you maintain payments and that you will kep the arrangement.

 

Please do not worry like I said you have come to the right place for help and support.

 

olives

 

xx

[OLIVE.FAMILY]

Sorry forgot say that all the fees will be added to the mortage balance so what you are paying is clearing the arrears and not going to fees.

 

olives xx

[Micana]

Thank you for your support. You are very kind. I'm feeling a lot better now.

[Micana]

I forgot my mortgage company is Advantage (Morgan Stanley Bank International LTD).

[OLIVE.FAMILY]

Have you filled in your forms yet to defend yet??

 

olives xx

[Micana]

We just got the claim form on friday. We have'not filled the defence form yet.

[OLIVE.FAMILY]

OK If you hang on in there Ell-enn can give you a hand with Q27 if you want. She is FAB at that

 

olives xx

[Micana]

Thanks. I'll wait.XXX

[Ell-enn]

Hi Micana, sorry for the delay. Let me know when you're ready to fill in the forms and I'll guide you through it - especially Q.27 which is the most important.

 

 

Ell-enn

[Micana]

Hello Ell-enn. Thank you for helping me. But I'm not sure what Q27 is.We received: Claim form

Particulars of claim for possession

Defence form and that' s it.

What is this form and where i can get one? Thank you

[Ell-enn]

Hi. you should have received an N11M Defence Form (number will be on the bottom left of the defence form pages) there are 27 parts to be answered on it.

 

Ell-enn

[Micana]

Yes i've got it

[Ell-enn]

OK, that's fine. Take a photocopy of the income and expenditure section and "practice" getting your sums right before completing the final copy. Make sure you allow for increases in utilities etc and emergencies, and ensure the amount left over each month is what you want to pay towards the arrears. Don't overstretch yourself, better to offer £100 per month that is affordable and 16 months is absolutely fine to pay off arrears.

 

If you can't get a photocopy you can download a copy of the form here: Her Majesty's Courts Service - Home select forms and guidance from the menu on the left hand side and put N11M in the box, you will then be taken to the page where you can download and print out the form.

 

You have plenty of time to get the forms into court (up to two weeks before the hearing date).

 

Please try not to worry too much, there is no way a judge will order possession to the lender at the first time of asking, especially if you are able to prove you can maintain payments going forward. You will be fine, honestly:)

 

Ell-enn

[Micana]

Thanks a lot. I'll do that.

[Micana]

Hello again. I'm filling the defence form and I dont how know to answer these 2 questions:

-Do you want the court to consider whether or not the terms of your original loan agreement are fair? Yes or NO

-Do you intend to apply to the court for an order changing the terms of your loan agreement (A time order). Yes or No.

 

Of course i would preffer lower rate of our mortgage and no fee for late payment etc. But will it work? Thank you

[Ell-enn]

Hello again. I'm filling the defence form and I dont how know to answer these 2 questions:

-Do you want the court to consider whether or not the terms of your original loan agreement are fair? Yes or NO NO

-Do you intend to apply to the court for an order changing the terms of your loan agreement (A time order). Yes or No. NO

 

 

What date is your hearing?

Have you put anything in Q.27 yet?, if not I can help you with the correct wording for that.

 

Ell-enn

[Micana]

I have not filled the form yet. And the hearing is on 11/11/2008

[Ell-enn]

OK, plenty of time before you need to hand in the defence (up to 14 days before the hearing).

 

Ell-enn

[megthemog]

Sorry forgot say that all the fees will be added to the mortage balance so what you are paying is clearing the arrears and not going to fees.

 

olives xx

 

Hi Olives,

 

I am very much in the same boat and have a court hearing on the 29th!! Very worried!

3 months mortgage in arrears which occcured when my partner and i split up. We had the arrears suspended for 3 months whilst we tried to sell the house, but current market being what it is. No sale went through.

I decided to remove the house from the market and subsequently stay in the property myself.

I am managing to pay the mortgage each month and have done so for the last 5 months. But now the review ended and the lender has put in a court order for the 3 outstanding payments.

My question is. If my mortgage is for example, 20 years, can the 3 months arrears be added to the length of the mortgage, so it's now 20 yrs and 3 months?

I cannot afford more momey per month as i am also tied into an iva and money is very tight, with every pound/pence counted for.

 

Please help.

 

Kind regards.

[Ell-enn]

Hi there, can you start a new thread in the Repossessions Forum - as soon as I see your thread I will be able to help you with this.

 

Kind Regards

 

Ell-enn

[megthemog]

Thanks Ell-enn,

Not sure how to start a new thread, but will try and work it out asap.

 

Thanks again.

[megthemog]

Hi Ell-enn,

the new thread is called ""Repossession - court hearing 29th October"

 

Thanks very much.