Our Day in court

[TimeToStandUp]

Ok I have read many articles about repo and people say don’t worry the judge is nice etc.. but what really happens… This is a step by step of my day at court, to help those that are going through this as well, and to give them the confidence to turn up, because believe me a lot of people don’t have the bottle to turn up……..

Background:- I am in arrears with Accord Mortgages, for around £2900, which is one complete missed payment and several part payments. Anyway for the details check out my other thread, that’s why I done this one….

Right I faxed over a statement to the court today courtesy of Ell-enn, I have also sent a defence to the court.

My hearing was at 11:30, so I arrived for 11am plenty of time for traffic and parking, my wife attended with me as we went united, anyway as we walked in the first thing that hit me was the amount of people there, and the people in suits all stared at us, however I didn’t know why, I made my way to a grubby desk in a corner, whilst my wife headed to the loo, being very nervous. As I approached the desk the lady, who was so miserable words cant described grunted “can I help you”, being nervous I said “I have a 11:30 hearing” I then saw my name on her sheet TimetoStandup v Accord, and I pointed to it, she then wrote my name by it, and grunted “is it just you” to which I politely replied “my wife is here too”, that’s when I noticed another name Mrs Coldheart, well that’s not her name but she acted like it.

“Mrs Coldheart, TimetoStandup is here” grunted the Usher, then a woman approached me and introduced herself “Hi I am Mrs Coldheart, and I am here to represent Accord, can we have a quick chat”

“No we can speak in the judges chamber” I replied

“Well the judge would of expected us to of had a quick chat out here” she slimed

At that point I remembered I had a statement to pass to her, and I replied “ I will speak when my wife arrivcs”

At that point my wife arrived, and she introduced herself to my wife, and again asked her if we can chat, again my wife said “No not really”

I then with my wife in attendance passed her the statement to which she read.

I had originally switched from repayment to interest which meant I agreed with Accord to pay £77 a month arrears, however in 6 months time it would revert back, so I wrote in the statement that I then wanted to pay £30 a month off the arrears.

She read it and said “ I will have to object to that, but you can apply to the court for a reassessment, but it will cost you additional solicitors fees”

She then said “excuse me I got to see another client” so guys do you get my drift, all these slimey solicitors do this all day, they are local and where representing loads of different companies.

As we was seating down, Mrs Coldheart 5 mins later approached us and said “I see in your defence you are disputing your arrears”

“Yes”

“Why is that” Coldheart said

“Our letters from Accord & Cobbetts (their solicitors) contradict each other”

“Why that” Coldheart said

“Letters say so” at this point she seemed to panic and said she would ring the office,

The witness statement said we owed £3.4K……….

Then the grouch in the corner piped up “TimetoStandup v Accord” we got up and started to head to the desk, then Mrs Coldheart on her phone shouted, its not 11:30 yet and I am on the phone, so its not time !!!!

To that we had to sit down, then stone us several other poor souls went in, and then she went in with a different client, then came out then went back in, then at 12:10 we was called in, as I walked in I past the desk I noticed my faxed statement on the Grouches desk.. strange I thought.

To be honest, at this stage our hearts where in our mouth as we made our way to a room, the room, was light and had several rows of chairs, and it was me, my wife & Mrs Coldheart.

The judge was a lady around 45 – 50, and smiled at us and asked us to take a seat,

The judge spoke to Mrs Coldheart first, asking for the details, Mrs Coldheart fluffed around with her paperwork, not really knowing what she was doing and then the judge turned to us and very nicely asked “ do you know what I am being asked to do”

To which we replied “yes”

So she wrote the figures down stating we are to pay £77 a month etc……

Then I asked the judge had she received my fax…. “No” she replied

So I gave her a copy, she asked Mrs Coldheart had she seen it to which she replied “yes”

Mrs Coldheart said she has to object and like she explained to us outside we could apply at a later time, as who knows what could happen.

This actually got the judges back up, and she then criticised the mortgage company and there protocol, asking why cant the repayment just be put on the back of the term, and that its about time mortgage companies sorted themselves out..

You could tell the judge was annoyed and had sympathy for us, she knew the companies could do more to help, but was powerless…

With that she said we was on a suspended repossession as long as we pay the payments with £77 additional we would be ok, she also stated that it was obvious we had legal advice but would have to seek more to avert more problems within 6 months.

With that we said thankyou, and Mrs Coldheart went into the waiting room for the next poor soul….

[saintly_1]

What an excellent account

[PGH7447]

Same thing happened to me with my mortgage provider, their slimeball legal junior tried to pin me in a room and admit defeat before we even got into see the judge.

 

The judge although a hard hearted old codger, (gave me a dressing down for being so foolish as to get in this predicament) ripped the banana to shreds and informed him that he would be writing to his client and his firm with a letter of complaint about his conduct. and that due to his misrepresentation I had a week to come back with proof I could make the extra payments I was offering.

 

A week later another legal eagle turns up, much nicer and agreed straight away that the client was prepared to accept my offer. We had a different judge and she said warned me about missing payments etc and that was that.

 

The whole experience was not half as bad as we thought it would be.

 

again like T2SU there were loads of people in there waiting their turn, and this was 3years ago before the credit crunch.

[Ell-enn]

Thanks for telling your story TTSU - well done for being so brave:) I know how anxious you were about the hearing and you must be very relieved that it is over.

 

Ellx

[Bona]

I think you post says it all it was certainly like that for me at the begining

 

you just have to stay positive:grin:

[TimeToStandUp]

I think the key thing with this forum, is that you can be open and honest, and no one judges you. We all in the same boat together, and in a way it is comforting, and does give you the strength.

 

Yesterday there must of been 15 repo hearings in the time I was there, and I would say 50% of them did not represent themselves.

[Ell-enn]

Hi, when you say 50% did not represent themselves - do you mean they didn't turn up? or they had a legal rep.

[TimeToStandUp]

The defendants did not show, when called the solicitor got up and went in on there own. Made me mad that all the solicitors where sitting with each other.

[PGH7447]

Probably from the same firms as well, all lineing their pockets on other peoples misery

[Ell-enn]

The defendants did not show.

 

That is so sad a lot of those people probably didn't know how to get help and were too afraid to show up...........

[Bona]

We need to put posters in all the courts

[TimeToStandUp]

Totally agree or leaflets on the tables... I think something like that would help lots other people

[Ell-enn]

By the time they've got to court it's too late - people need the advice when the court papers come through their letterbox.............

[OLIVE.FAMILY]

Well done TTSU. That is a fantastic account and I think will really help put people at ease. I used to be one of those people that didnt turn up. I didnt go to two possesion order hearings and that is how I got my suspenede repos. Admittedlty I didnt think I had to go as I had come to an arrangement with my lender and they told me I didnt need to attend. Saying that though I had offered far too much and deeper in debt because of it.

 

It so very sad to think that all those people just feel that they have to give up.

 

Well done to you TTSU

 

Olives xx

[jansus]

Yes thanks for that account . I am sure it will help a lot of people to know what to expect.