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Repossesion hearing questions.


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Hi guys,

 

wondering if you can shed some light on this issue?

 

A court date has been set for repossesion, notification of this was received by the solicitors acting for the bank but following this 2/3 of arrears were paid. No furher correspondance recieved and nothing ever received from the courts themselves.

 

At the back end of last week, particulars of claim received from solicitors stating this is which they would be relying on in court on the 29th March, but still no papers received from the court.

 

2 days later further confirmation latter from solicitors only this time the date of case is listed as the 20th (tomorrow).

 

Telephoned courts to ask about paper work from them, to which they state should have been received. The solicitors were somewhat terse when I pointed out their dates!

 

 

Is there any cause to get this stopped /postponed?

 

The most annoying bit is if the date were the 29th all arrears would actually be cleared prior to then but unable to do by the morning.

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Hi

 

I think if you go to court with proof of payments made and can show that the remainder will be paid by the end of the month the judge will go in your favour.

 

Good luck

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Hi Mizziwizzi....i'll move this to the repossession forum...hopefully you should get some more help/advice...

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Hi there, so is the court hearing actually tomorrow and not the 29th?

 

If so you should take a statement to court with you explaining the circumstances surrounding the mix up of dates/non receipt of defence form from the court and the payments you have made.

 

I can help you draft a statement if you need me to - please let me know asap as I will need quite a few details from you in order to proceed.

 

A further point - if your arrears are less than 2 months then they cannot get possession, nor should they be taking you to court!

 

Ell-enn

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Hi there, what are you going to offer by way of payment of the arrears? are you able to offer an amount each month in addition to the normal monthly payment?

 

Ell

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Hi there, what are you going to offer by way of payment of the arrears? are you able to offer an amount each month in addition to the normal monthly payment?

 

Ell

 

 

Yes most deffinatley able to offer, in fact able to pay whole amount but not until the 25th

amount outstanding is £2590, which is just over 3 months in arrears, can manage to pay £500 tonight.first thing in morning to bring it to just under 3b months, do you think there is any upshot of that at this point?

Edited by miziwizzi
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Just to confirm, you are able to clear the outstanding arrears in full on 25th March? will you be able to show the judge proof that you can do this?

 

Ell

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Just to confirm, you are able to clear the outstanding arrears in full on 25th March? will you be able to show the judge proof that you can do this?

 

Ell

 

 

would be able to show past pay slip to show income yes.

 

basically we have had a bit of a run of few things happening and have robbed peter to pay paul, nearly out of it, just this one left then totally straight again, its not an income thing as such just accumilation of rising costs plus hubby had car accident and has not recovered all expenses there as yet but had to purchase new car in order to work etc.

 

 

Last month we had far worse arrears and on the 12th feb paid £3500

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OK, last few questions - when you have answered I will attach the statement for you.

 

Is the mortgage in joint names?

Are there any children living at home?

Have you previously informed the claimant that you are able to clear the arrears on 25th March?

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OK, last few questions - when you have answered I will attach the statement for you.

 

Is the mortgage in joint names?

Are there any children living at home?

Have you previously informed the claimant that you are able to clear the arrears on 25th March?

 

 

 

Mortage is only in husbands name

 

yes 4 children

 

and yes only yesterday we told Hamlins had case been on 29th as their letter indicated it would of been cleared as able to do so on 25th, they however are not interested, its all now or nothing.

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Sorry, just one more question - when did you pay the £3500?

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just double checked that, no idea why but money left account on the 12th feb however instruction date was the 10th.

 

abbey account and abbey mortage so no idea why it was not instantly out of account, not that that matters?

 

Do you think theres any point in making £500 payment this evening or in morning?

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Hi there, I have affixed the statement. You will need to enter the information where I have put XXX's (obviously remove the XX's). When you print it out make sure your printer is set for A4 paper and that it all prints on one page.

 

On the letter your received stating the hearing would be on 29th, write the claim number on the top left hand corner and Appendix 1 on the top right hand corner. Print off a bank statement - circle the £3,500 payment - and then write the claim number and Appendix 2 at the top.

 

You should then assemble as follows:

 

Statement (signed)

Letter - appendix 1

Wage slips

Bank Statement - appendix 2

 

Take a photocopy of all of it as you will need one to refer to at the hearing - keep the originals as your copy though and give the photocopy at court.

 

You should get to the court early and ask the court usher to put your statement to the judge. If they refuse, you will have to hand it to the judge in the hearing. As it is the Claimant's action, the judge will speak to them first and then come to you - you should just say "Sir/Madam, may I give you my statement as I received no defence papers from the court".

 

Any questions, just shout - I will be going off line shortly as I have to be up early in the morning, but will be online from 8am if you have any last minute questions.

Mizziwizzi statement.doc

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I don't think making a payment at this stage will make much difference, to be honest but if you can afford it and can do it online and print out a statement to show it then it won't do any harm. You will have to add that into the statement I have affixed - in the same part where I have mentioned the £3,500 - just put "a further payment of £500 was made on 19th March).

 

Ell

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Have just found errors on their paperwork!

 

states they advanced us around £30,000 more than we borrowed.

 

W e did borrow further money to extend house but not at time of purchase as is claimed on their particulars.

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To be honest, I don't think the judge would take that into account - the outstanding mortgage amount will still be the same, as will the arrears.

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To be honest, I don't think the judge would take that into account - the outstanding mortgage amount will still be the same, as will the arrears.

 

 

Oh yes I agree, just thought it funny that a firm of solicitors have got errors on their paper work.

 

Thanks so much for your help will update around lunch time tomorrow.

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You're welcome - I'm confident it will go OK for you :)

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Hubby went along today, Hamlins representative ( not actual staff someone they hired in who was local) agreed their paper work was in poor order interms of 4 out of the 5 letters received had the wrong date of hearing on them and also the statement of amount advanced was wrong.

 

He told her he could pay full lot off on 25th, she stated she could not tell him what to do but alluded that £100 pcm on top of normal would be a fair offer and he decided to offer this instead of paying full amount and perhaps struggling for the month. They were talking so log she did not have time to put offer to Hamlins or Abbey prior to being called in and so when judge asked if they had excepted she stated she felt it was a fair offer and so it was agreed.

 

She did state under circumstances he could ask it to be thrown out (due to paper work) but that Hamlins would just reapply so he decided to offer the £100 and get a suspended.

 

Must thank El-enn for her great help late last night, and every one else for messages.

xx

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Excellent news! hope you can now relax and have a good weekend (and mothers day!) :)

 

 

Just for the record - if you'd asked for it to be thrown out - you would have paid all the arrears off by the time Hamlins re-applied and got another hearing date (as per your offer to pay on 25th) - in which case there would have been no hearing and no suspended possession order. If you can afford to pay more than £100 per month you should do so and then apply to have the suspension lifted.

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