Repossession Hearing - please help!!

[golden_uk]

Thank u so much. If it wasnt for you and this site I would not know what to do. You are a star!

hope it all goes well tomorrow, I'll let you know

[golden_uk]

Hi there, Iam back after a long day and a sleepless night!

 

My initial thoughts for today where positive but know Im not sure. So this is what happened:

 

I had a chat with their solicitor and explained I had not received anything from the court and gave her the statement you kindly prepared for me. I asled her why is Ft not hounouring our agreement and that I will ask the judge that. She did not know much about the case and said she will call FT to see if my proposed payment plan is accepted. I told her that it wasnt as simple as I need to know why they took back the agreement and read her from the document the bit that says do not call us back and should you wish to accept your account will be brought up to date. No response again.

 

the judge was very polite and not scary at all. She had the paperwork from the court that were sent to me as they were ereturned to the court. The address was a mess and a mixture of my home and property adress. She said that only by lack and my trying to find whats going on I went there and suggested that If I wanted the case would be adjourned. I said that maybe it is of best interest to carry on as I do not think we should be there anyway since an agreement was signed. as she did but said she will adjurn if she sees that of the best itnerest.

 

She read my statement and the agreement and she also read outloud the bit I mentioned above. She asked the solicitor why but the solicitor had no response, she said she was not informed. The we went to the figures of the arrears where they added February so I disputed that and said a payment was made on the 13th. The solicitor then said that the payment was declined! There I lost it a bit as I specifically requested a reference no for the payment and was refused. I said that that cannot be possibly true unless they did not ask for the money. The judge was then getting nervous as to where this was going. The number the solcitors were giving where not matching the numbers from statements I had with me from Future Mortgages. There she decided to adjourn. She said Ft had better respond as to why the agreement is not hounoured. She also said to me that I need to have proof that the payments were and are made and the worse she sees is a suspended reposession.

 

Now I called my bank who confirmed that noone asked for a transaction on that day and that no transaction was declined and confirmed that the funds where there. However, they would not put that in writing. Can you recommend something? They lied in the court!

 

Also why did the judge adjurn? Why should I care if their solicitor came unprepared and her response to all questions was I do not know?? Next time they will come prepared, posiibly bring someone more senior and I do not know if it is going to be the same judge. If it was me saying I do not know would they accept that??

 

I am a bit puzzled. Apologied for the lengthy text I know you are very busy. Any suggestions on the above? This is not the end I have to go through it again will probably end up in sleeping pills and do not see the end of the tunnel. I want to try and get them to hounour the agreement and would not want a suspended repossession.

 

What should my next step be?

 

and of course, THANK YOU, THANK YOU. your statement was SO valuable

[jansus]

If you do not trust them could you change from a DD to a standing order - then you will have full control.

 

If the DD had been called and then declined it would show on your bank statement and you would have been charged- so that would be your proof.Also you can show the balance in your account on a statement.

 

Sounds like they may have cancelled the DD - can you check with your bank about that?

[golden_uk]

It was not a DD, due to arrears it was a payment made with a debit card.

 

Thanks for the advice

[jansus]

So did you authorise them to use your DR card on a regular basis then?

[golden_uk]

Ell-En can u help?

 

Im close to a nervous bresak down! Can you help me with the claim forms? The date has been reset for the 23rd March

 

In the meantime I am having SO MUCH trouble paying. I have tried paying three times using my credit card, two times the did not even ask for the money and the third time they quoted my debit card as issue zero! Such a ting does not exist as all cards start with issue No 1. Im trying to pay from the 13th of Feb!

 

I suspect they want to prove to the court that I am unable to pay, but that is not the case. I want to enforce the agreement that we made but still (have sent two letters since court) they do not want to aswer as to why the agreement was pulled out. Any suggestions?

[Ell-enn]

Hi best thing you can do is to get a bankers draft from the bank for the amount you have missed paying. Write your name, address and mortgage account number on the back and then take a photocopy of both sides. Send it with a covering letter by special delivery and keep the receipt for posting so you can print off the signature receipt from the Royalmail website in a few days.

 

If you ring the bank in the morning you should be able to pick the draft up a few hours later. Then send it the same afternoon. That way you will be able to show the court that you have taken action to make the payment as they have made it too difficult for you to pay by card.

 

When you go to court we will write another statement and include a request that Future give you their bank details so you can make payments manually by standing order.

 

You need to get that payment to them straight away so it shows up before the hearing.

 

Ell-enn

[golden_uk]

Thanks for the advise, I will do just that.

 

I am getting really scared now I have not across anyone else that is not willing to take money of a client!

 

Will I need to return the defence form? I yes will you help me with this? I guess I should get a solicitor to help me but they cost so much! Do you think I should try and get the money and get one?

 

thanks!

[Ell-enn]

What defence form do you have? should have a number on it at the top.

[golden_uk]

it says N11M, this time I received it

[Ell-enn]

OK, wait until you have sent the bankers draft and you have a photocopy of it and of the signature receipt from royal mail as that will have to go with the claim form as evidence you have paid.

 

I suggest you write a letter to go with the draft along these lines:

 

...............................................................................Your address

 

 

Date

 

Their address

 

 

 

 

Dear Sirs,

 

MORTGAGE ACCOUNT NO:xxxxx

 

Please find affixed bankers draft for £XXXX in respect of payment towards the above account.

 

On several occasions I have tried to make payment over the telephone by credit or debit card and on each of the occasions, while all the details have been taken by your operator, no funds have been claimed from the accounts. I have checked with my bank and they confirm that no attempt has been made by yourselves to request funds.

 

As this account has now become the subject of court proceedings, I will be reporting to the court that Future Mortgages have frustrated my attempts to make payment, thus placing me in an increasing arrears situation. This action by Future is in direct contravention of the recommendations contained within the Mortgage Arrears Protocols issued by the government.

 

Please forward relevant bank details in order for me to set up a Standing Order (NOT direct debit) so that I can make payment to my account, as it is apparent you are not willing to accept card payments by telephone.

 

A copy of this letter and the bankers draft will be included in my defence statement for the court hearing.

 

Yours faithfully,

 

 

 

XXXX

 

Enc.

 

 

Ell-enn

[golden_uk]

Ell Enn

 

Your letter worked so today I received confirmation that the bankers draft was delivered. Thanks!

 

Now my next payment is next week, the hearing is on the 23rd. When is the latest I can return the N11 forms to the court?

[Ell-enn]

You would probably be OK the week before the hearing, most court's are OK with that. We can also do an up to date statement to take on the day as you should have a receipt for next week's payment by then.

 

I can help you with the Q.27 of the N11M if you need me to.

 

Ell

[golden_uk]

Yes please I will need help with that section.

 

Overall, Can I "despute" that I am in arrears by saying the arrears should have been capitalised and there has been no correspondance or communication as to why this was withdrawn?

 

There are a number of questions at the beggining of the form that say If agree with the arrears. What do you think?

[Ell-enn]

Did they send you a standing order form, or bank details as you requested in your letter? If not you will have to send a draft again with a covering letter:

 

......................... ......................... ......................... ....Your address

 

 

Date

 

Their address

 

 

 

 

Dear Sirs,

 

MORTGAGE ACCOUNT NO xxxx

 

Please find affixed bankers draft for £XXXX in respect of payment towards the above account.

 

Despite requesting that you forward bank details for me to set up a standing order to make payments going forward I have not received this (please see my letter of (date), copy affixed). Can you please let me have this information as soon as possible.

 

Yours faithfully,

 

 

XXXX

 

Encs.

 

As before take a copy of the bankers draft (write your name, address and account no on the back) and the letter and send by special delivery. Enclose a copy of your previous letter also.

 

This will help to reinforce your defence when you go to court.

 

Rather than complete the N11M form (as you have already been to court with this claim), we will do an up to date statement for you to take to the hearing with you.

 

Ell

[golden_uk]

Thanks for your response

 

I now have their bank details but was thinking of sending a bankers draft anyway for this week as it may take some time to set up the standing order. I wish I could give u a gift when all this is over, you are great help!

 

If you think I do not need to sent the N11 form back, your help will again be appreciated possibly next weekend.

[Ell-enn]

Good idea to send the draft this week. Do you have internet banking? if so, when the standing order is set up, print off a copy of it and we'll use it in your defence.

 

We'll get to work on the statement next weekend. Hopefully you should have a receipt for your payment by then too.

 

Stay positive, you'll be ok

 

Ell

[golden_uk]

Ell

 

I have send a bankers draft for the March payment and they should receive in on Monday.

The letter from the first hearing that came through stated that I should have evidence for the payments I have made and for them to say why the agreement was not honoured. Since them I have written again asking for a response in terms of the agreement and received a response from their solicitors thst they have sked the question to FT but of course no response since then.

 

Can you help me with my defence for the court on the 23rd? I do not know if it possible to reinforce the agreement and not go for suspended repossession as I am sure that as soon as I miss a payment they will go for posession. Last time on my budget sheet I sain I can pay 150 per month but my monthly payment is already 3320 which is already a big amount for my in my current circumstances. what do you think?

 

thanks

[golden_uk]

Ell

 

Will you please help me with my defence statement for Monday?

thanks!

[Ell-enn]

Hi, I will get on to it

[golden_uk]

Thank you so much! You are my star!

[Ell-enn]

Can you gather together the evidence of payments you have made as per the instruction from the court after the last hearing. You will need to take photocopies of those.

[Ell-enn]

Hi, while I remember - you will need to take a copy of the statement (and attachments) you submitted at the last hearing, just in case the judge hasn't got his copy to refer to. You do still have that ?

 

Ell

[golden_uk]

I have copies of the bankers drafts Ive send for the payments, together with the letter to them asking why they where not asking for the payments and saying they were declined.

 

I have a copy of the previous statement I will take an extra copy with me. I hope its going to be the same judge!

[Ell-enn]

Hi there, statement is affixed. On the proof of payments you need to take you should write the claim number and Appendix 1 at the top. Also the letter you sent to them asking why the agreement had not been honoured - is Appendix 2.

 

As usual, you will need to take a photocopy of it all before you take it to court so you have one yourself. You will need to hand the statement to the judge.

 

Any questions, just shout.

 

Stay positive

 

Ell

Golden statement 2.doc