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Court date received - some advice please.


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Hi all

 

I have received notification of a repo hearing, and I need a bit of help please.

 

Background:

 

Mortgage in arrears due to OH's unemployment.

OH now left - I have just claimed benefits.

2 children under 12.

 

I have no way of paying anything, and benefits towards mp would not start until after the repo hearing.

 

I am not going to fight the repo - don't have a leg to stand on really, but my main issue is this:

 

The hearing is a month before my son finishes primary school - is there any way I can ask to stay in the house until then? Or am I truly stuffed? It would just mean a great deal if he could finish school with the minimum of disruption, and give me a bit more time to get everything sorted and find somewhere else to live, or be rehoused by the council.

 

Thanks in advance x

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Anyone please?

 

N11M now received, and needs to be submitted by 12 May.

 

Thank you.

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First of all sorry to hear about your situation.

 

If you take my advice then you should ensure some time that you will need to stay in your house.

 

It is imperative that you contest the claim. Even if you do not have any money to pay towards the mortgage. Attend the court hearing and initially request the judge to adjourn the hearing for 6 weeks in which time you will actively look to seek employment/ source of income.

 

In most cases Judges are currently happy to honour these requests. You need to show that you are willing to pay off the arrears even though it may only be a token jesture. If your mortgage is not already on interest only terms request the mortgage provider/judge to consider the request.

 

This method will but you the time you need, if you dont respond then the judge will issue you with a 28 day possession order, so please please respond!

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Hi there, a few questions before we can advise further.

 

What is the date of the hearing?

Have you got confirmation of your claim for mortgage benefit? Lenders are supposed to suspend possession proceedings if you are awaiting payment of the mortgage benefit.

 

I can help you with the N11M but need to know the answers to the above.

 

Ell-enn

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Thank you both for your replies.

 

Ell-enn, in answer to your questions:

 

Hearing is 17th June.

 

Have an appointment this morning with DWP re claim - I filled in the claim online, and then had a telephone interview, so today should finalise it, but obviously the lender won't be aware of the claim until the paperwork is sent through.

 

I will update when I get back.

 

Thanks again for your help x

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Hi all

 

Sorry I didn't post yesterday - just as I left jobcentre the school called to say eldest was ill and being sent home, so have been dealing with a very sick - literally - child for 24 hours.

 

Anyway, claim is all verified, but mortgage benefit will not start until some time in July, so I really don't think that Derbysh1te will have any sympathy, or the Judge for that matter.:(

 

So I guess I just need to come up with a good statement that may sway them into letting me stay here until end of term.

 

Any advice/input gratefully received as always.

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Really sorry to be a pain, but I could do with some help drafting my Q27.

 

The letter from the Court specifically states 14 days, so my defence has to be in on Tuesday, and I am seriously worried about whether I will have a strong enough argument to let me stay until the end of term.

 

Thank you x

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Hi there, you said in an earlier post that the hearing was 17 JUNE ??

 

Can you confirm please.

 

Ell

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Yes Ell-enn, that is correct.

 

I know it seems like a long way off, but the paperwork specifically states that the defence should be returned within 14 days of receipt.

 

D'oh - just dawned on me "from date of receipt," so I actually have until next Friday, but it's still not long. I doubt if I will have any paperwork from DWP by then, so I am feeling a bit stranded.

 

Thanks x

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Hi there, usually your N11M has to be returned 14 days before the date of the hearing. Most courts will accept it up to 7 days before. Don't worry - you have plenty of time.

 

Ell

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  • 2 weeks later...

Hi there, any news on the DWP claim?

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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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Ell-enn, bless you for checking on me - with everything you do to help on here I really don't know how you keep up. I have nothing but admiration for you.

 

So, my claim for IS has been approved and will start to be paid this week, but the mortgage claim is a waiting game until the forms have been completed and returned by the mortgage co and secured loan co - although at least once they receive the paperwork that will go in my favour, and hopefully I will have something in writing ie proof of claim by the court date.

 

Thank you again for your support. xx

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Hi, don't forget that any paperwork you send to the lender must be sent by recorded delivery - you need to be able to prove to the court you have sent the DWP forms to them (take photocopies of the forms before sending them) keep the postal receipt with the photocopy - we may need to use them in your defence statement.

 

Ell

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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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