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Repossession Hearing Advice - Abbey


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Hi,

 

After some advice please. We have a mortgage with Abbey and have a first repossession hearing next Monday.

 

Breifly, I lost my job about 2 years ago and then suffered with depression for c.18 months and couldn't work. At the time we owned a house in Florida which we managed to sell a few months later. We used the money we got back to live on so we were able to keep up the mortgage payments (amongst others) although we did reduce it to interest only at the time.

 

I started my own business in June and my income is still very limited as it's commission based - my wife now has 2 jobs. Since August/Sept this year we have struggled with the mortgage and we are now around 4 months in arrears in total.

 

I spoke to Abbeys solicitors last week and he says they will go for a "suspended order" only if we agree to pay something ongoing towards the arrears. With the recent decrease in interest rates I am hoping we can agree to pay about the same monthly amount to include a contribution to the arrears (although we've not yet heard anything from Abbey about any new rates etc.)

 

I did ask the solicitor over what period they would want the arrears paid but he said it is up to us to decide how much we can afford. He did also say if this had started now (i.e. the arrears) Abbey would no doubt have been more lenient with us!!

 

Incidentally, we've not filed any defence yet although we have got the N11M form - it looks like we can do it on line if need be.

 

I realise forum members are probably very busy with this subject nowadays but I would much appreciate any advice you can give me on the defence, any statement etc.

 

Many thanks

 

Fossie

PS. I should have said, our current monthly payment is c.£900 with about 10 years of the initial 25 left on the mortgage.

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Bumping you up for an answer

 

Ell-enn is the person you need

 

But basically if you can afford a payment above the normal mp - proved by an income and expenditure form they hopefully should consider that.

 

Whatever you do - do not offer an amount over that you can afford as the Susp Order wil be there to be used if you do not keep up the MP.

 

Keep posting and you should get some help

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi there, I assume you have received an N11M defence form? at this late stage I wouldn't advise filing it online, you need to hand deliver it to the court asap, and make a copy for yourself to take to court on the day.

 

Firstly you need to decide exactly how much you are going to offer towards the arrears each month. You can download a copy of the N11M 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, you will then be taken to the page to download the form. Print off the pages with the income and expenditure questions and "practise" on them in pencil until you get the figures right. Then complete the original form.

 

Once you have a definite figure to offer towards the arrears I can draft a statement for Q.27 of the form which is the most important part.

 

Kind Regards

 

Ell-enn

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi Ell-enn,

 

Thanks for your advice and offer of help. I had in mind £50 pm towards the arrears although at that rate it will take 8 years to pay off! Presumably they will only accept it over a much shorter period and/or until our situation improves?

 

Regards

 

Fossie

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Hi there, the court has the power to order payment over a long period of time if that is what you can afford (actually they can order payments over the lifetime of the mortgate, but it would need to be a significant sum).

 

I will post text on here this evening for Q.27 and then you must get the forms to court tomorrow.

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Thanks Ell-enn. The court is local so I'll make sure I get it there tomorrow.

 

Should I go back to Abbey's solicitors now and make the offer or wait till they have seen the defence and/or just wait to put the offer via the court next week?

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Hi there, apologies for delay - I got caught up in another case last night and am at work at the moment and have a meeting to go to - will be back on here just after 2pm and will have a look at your Q.27 text.

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi Fossie, nearly finished - just need to know - do you have any children?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Two grown up ones (22 and 26) both still at home. Son works (only recently started a new job so still in debt!), daughter is self employed and struggling at the moment (not surprisingly as she's in retail!)

 

Hope this helps

 

Regards

 

Fossie

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Hi there, affixed is the text for Q.27. In the box at Q.27 write "please see affixed sheet".

 

You need to enter the claim number and your names where I have indicated at the top of the sheet. You will also need to enter information where I have put XXX's (and obviously delete the XXX's lol).

 

When you have printed it out, make a copy of the N11M and the sheet before fixing securely together and hand delivering to the court. You will need to keep the copy of it all to take with you on the day.

 

Any questions, just shout.

 

Ell-enn

Fossie Q.27.doc

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Many thanks Ell-enn.

 

Just one question, as per my posting yesterday.

 

Should I go back to Abbey's solicitors now and make the offer or wait till they have seen the defence and/or just wait to put the offer via the court next week?

 

Regards

 

Fossie

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If your hearing is scheduled for Monday 15th you need to get those forms to court tomorrow! If you were to make an offer to the solicitors it is unlikely that you would get a reply before the hearing anyway as they would have to consult with Abbey to see if they would accept it.

 

Unless you can fax a letter to the solicitors tomorrow and ask for a reply by return fax, you might as well wait for the hearing.

 

Kind Regards

 

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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