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Repo court date 15th Jan


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Hi all,

 

I am new to this site and have found some really useful information on here already.

 

My partner was dealing with this (with some help from here I think) although his admin is terrible and we need to get this right so I am going to take over.

 

Situation is that we owe £4k in mortgage arrears to Abbey who are taking us to court for repossession. Partner left work in May after a dispute then our little one came early in August and one thing led to another and we are now behind payments in a lot of areas.

 

He has recently started his new job and we will be in a position to offer Abbey a lump sum then additional money each month till the arrears are cleared.

 

The questions from the court seem clear as I am not disputing the arrears and have a settlement to offer.

 

In your experiences is there anything I should be especially aware of when we go to court and should I make the payment now or wait to see the judge ??

 

Hopefully once we get there and come to an arrangement we can move our lives forward.

 

Any help is appreciated.

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Do you have a date for the court hearing?

 

Have you told Abbey that you are now in a position to pay your MP plus an additional amount to clear the arrears?

 

 

Please ensure you only offer what you can afford as it would look worse if you made an arrangement and the do not keep to it.

 

You may be able to write and make the offer and ask if they will avoid the court hearing ( will save you costs)

 

Try and keep everything in writing and by recorded mail - or email if you have a contact.

 

there is at the top of the possessions forum a "sticky" thread which explains the new protocol the lender must adhere to.

 

If Abbey insist on going ahead with the case please make sure you attend and ask for any help with forms etc at that stage .And it may be a good idea to start making payments now to show the court you mean business.

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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Thanks Jansus,

 

Date is the 15th and have held off trying to speak with Abbey as do not want to do/say the wrong thing on the phone.

 

I am happy to call them and make a payment, although in the back of my mind wanted to hold the money as if the judge ruled repo to Abbey at least would have some money for rental deposit (real worst case scenario)

 

If we feel it would look better and repo unlikely will pay today.

 

On the form I was going to do it electronically today as the court wants it as early as possible and I think I have all of the information they require.

 

Would be grateful for any further advice..

 

Thanks again...

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You need one of Ell-ens letters with the offer of payment I suspect she will be along to help

 

Abbey has to follow guidelines know to help so you will need to do a budget sheet and a letter you have alittle time

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Thanks Bona, will have a look through a few other threads and see if I can locate a letter offering payment, presumably trying to offer a lump sum and agree a repayment schedule.

 

Thanks for your time.

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Hi there, firstly - don't sent the defence form electronically. You need to either take it by hand or send it by special delivery post. It has been known for the online forms to go missing and never arrive at court which would put you in an awkward position.

 

The most important part of the form is Q.27 the statement and I can help you with the text for that.

 

As you have an income and can make payments towards the arrears each month you will have no problem getting a suspended possession. There is case law we can use in your statement to support this.

 

Make any payment you can in the meantime as this will show the judge you are committed to reducing the arrears.

 

I will need some info for your statement:

 

Is the mortgage in joint names?

How much can you offer each month towards the arrears in addition to your normal monthly payment?

How many children do you have & how old are they?

 

Kind Regards

 

Ell-enn

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

 

 

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Firstly thanks for your concern and Ell-enn for your support.

 

The mortgage is just in my partners name since he bought the house in 2001 and I moved in, in approx 2003.

 

We only have 1 little one who is just approaching 5 months old.

 

Thanks to Gordon Brown and his boys our mortgage payment has dropped to £420 and in addition to this we would now be able to afford to pay an additional £180 a month comfortably and upto £300 at a real stretch.

 

I am grateful for your advice and have completed a budget sheet which I got from another thread you posted and this backs up my offer.

 

Thanks again

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Hi there, you will be OK with your offer of payment towards the arrears:)

 

Do you want me to write a statement for Q.27 of the defence form? there is some case law we can use to support your offer of payment towards the arrears.

 

Ell

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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Q27 help would be greatly appreciated thanks Ell-enn.

 

I do not also know whether to give detail on the following and would welcome your advice.

 

Presently on the budget sheet my income is showing as £400 stat maternity, although I am due to go back in August 09.

 

I am currently going through a period of potential redundancy (forget the exact title) consideration I think ! and I would be paid in Feb 3 months notice, redundancy and outstanding maternity pay which should amount to nearly £12k and I would clear arrears

 

If I am not made redundant I would be back taking home £1500 per month (subject to some childcare deductions) and this would also dramatically improve our family income position.

 

Would welcome your guidance and help wit the statement.

 

Thanks so much again

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Hi Ell-enn

 

Have got our little "monster" with her grandparents tomorrow so I can really attacj this with vigour.

 

I would really be grateful if you could give your opinion on my questions in last post and any advice for the Question 27 would also be great.

 

I was hoping to complete tomorrow and then take to courts so they have time.

 

Thanks so much !

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Hi there, I will make a start this evening. I need to know:

 

When did you last make a payment and how much?

How much are you offering to pay each month towards the arrears in addition to the normal monthly payment?

 

Regarding the possibility of your redundancy, I would definitely not mention this - it could make your lender very "twitchy" and they may think you will encounter problems again in the future. Anyway, you have no way of knowing if it will happen or no. If you are made redundant then, as you say, you can pay the arrears off and look for another job. If you are not, then your income will sustain the monthly payments going forward.

 

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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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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Thanks Ell-enn

 

In answer to your questions :

 

We paid £900 in June (will check on mortgage statement the exact date) and paid another £1000 on Monday gone (as per previous post advice)

 

Our MP is now £440 and arrears of £3700 (-£1000 paid and not including Jan amount)

 

Our budget planner has the flexibility of affording £600 (additional £160) or can reduce some of the variable costs (housekeeping etc.) and potentially stretch ourselves to £700 if deemed necessary

 

Should I also mention that my maternity runs out in August and I will be returning to work as this will improve our position by £1000 per month net, subject to some childcare deductions although family will help...

 

Thanks

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Hi there, just finishing off your statement, will post here in a mo.....

 

Ell

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OK, I've affixed the statement for Q.27. You need to write in the box "please see affixed statement". You will also need to fill in the claim number and your partner's name at the top of the statement sheet. Then print out and affix to the defence form.

 

No need to mention about your returning to work in August, as the mortgage is only in your partner's name the statement has to be written concerning him only. Your income is a contribution to the household budget and it's best if you leave it as it is, that will give you some flexibility with your income when you do go back and it increases. It will be up to you then whether you make higher payments towards the arrears or not. If you inform the court that the income should increase in August you might find they will ask for an updated hearing in September to redetermine the payments.

 

If you need help with completing the rest of the form, just shout.

 

Kind Regards

 

Ell-enn

SK1979 Q.27.doc

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Ell-en you are a life saver thanks..

 

All absolutely straightforward and completed and delivered today.

 

Will maybe check a couple of bits before hearing and keep you all updated..

 

Truly grateful Ell-enn thanks so much !!

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OK, assume you have taken a copy of everything for yourself to take to court with you on the day?

 

We can go through the hearing process nearer the time.

 

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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Hi,

 

Yeah got copies for the day thanks..

 

Will post nearer the time with any questions..

 

Will sleep easier tonight thanks (aside from our angel wanting feeding that is !!)

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Hi all,

 

Got the date in my heading incorrect and court date is actually set for tomorrow at 3.00 - will update on outcome.

 

Update so far is that my partner spoke with Abbey again this week and the person he spoke to was unbelievably helpful. He was treated with respect and offered to pay £180 a month in addition to the monthly payment and the £900 we paid late last week.

 

She stated that they want to be fair and reasonable and would be happy with £100 per month and would tell the agent at the court this.

 

My partner is now going to court and I am full of optimism that we can stave off the repo and that Abbey being so reasonable and understanding giving us time to do the right thing.

 

Is there any last pieces of advice he may have to be aware of in court ??

 

Big thanks to Ell-enn for all your help too !!!

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Hi there, if Abbey have agreed the proposal for payment of the arrears then the hearing should be a piece of cake.

 

Make sure he arrives at court in plenty of time - if Abbey's agent at court asks to speak to him before the hearing there is no harm in it - as long as he makes sure that the agent is aware of what was arranged on the phone.

 

The hearing will be held in a private room with just your partner, the judge and the Abbey agent- they will be sat around a table or opposite each other (a bit like a meeting). When addressing the judge (probably wnon't need to) it should be Sir (or Madam).

 

He should be in and out of the hearing in 5 minutes:)

 

Looking forward to hearing your good news.

 

Ell

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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Other half just got back from court and the news is all good.

 

Ell-enn you are a genius and we are eternally grateful. When we get back near straight will donate what we can afford to ensure this great database of knowledge continues as a site.

 

Basically they suspended possession on assurance that we pay our MP and an additional £100 (we offered £170) from the 25th of Feb.

 

The process was not embarrassing by all accounts and he was treated with respect and humility. Although we will not be rushing to go through it again.

 

Thanks to Ell-enn once again and thanks to Abbey for doing the right thing..

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Brilliant News!

 

Tell your other half well done for being so brave and well done to you too for supporting him.

 

Hope you can relax now and enjoy your home now you know it is safe :)

  • Haha 1

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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Well done! More good news.

 

Hope this signals a fresh start for you and good that the court agreed to a lower figure than you offered.

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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WELL DONE FANTASTIC NEWS I do like a happy ending

 

Regards

 

Pompeyfaith

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

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OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

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Thanks for your kind words.. Had at least 1/2 a glass of wine to celebrate.

 

Just for clarity to be fair it was Abbey who said lower the payment to £100 per month so take nothing away from them. Albeit apparently the judge was very pleasant and "realistic"

 

Thanks again..

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