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House repossesion - Court date tomorrow


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I'm going to read the other answers to questions here (I know how annoying it is when people keep asking the same questions) but I thought someone might be able to give me a few pointers or point me to relevant threads.

 

To get to the point, court date is tomorrow for the mortgage company (Abbey) to seek repossesion (no previous court dates). I have done the usual and stuck my head in the sand and ignored the letters etc. 4-5 months in arrears. Had the mortgage since 2001, first missed payment Dec 2008 and a couple of payments made in between.

 

The wife is working I'm not, but will have an income soon, so between us we should be in a position to pay the mortgage now. The in-laws are willing to give me £5K to cover the arrears, charges, fees etc. although I won't physically have the money in my hands until Wednesday.

 

What's the best course of action, talk to Abbey at the court before the case, just go in to the court and plead my case. What are the likely outcomes? Obviously I want to hold on to the property.

 

Thanks in advance for any advice given.

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Hi there, I can help you with a statement for court tomorrow but I am going out at 4.30 and won't be back until 9 or 10 this evening. You need to show the court how you are going to pay the arrears.

 

Let me know if you need assistance with a statement.

 

Ell-enn

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Hi there, I can help you with a statement for court tomorrow but I am going out at 4.30 and won't be back until 9 or 10 this evening. You need to show the court how you are going to pay the arrears.

 

Let me know if you need assistance with a statement.

 

Ell-enn

 

Hi,

 

I had to go out this afternoon, so I missed the chance to catch you before you went out.

 

Please could you let me know what I need to put in the report. What details are they after, what structure is required and what questions should I be ready to answer.

 

Thanks.

 

PS I'll be working on the computer/Internet a lot this evening/early morning, so even if you reply late I'll pick it up.

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Hi there, firstly - you say your inlaws are willing to give the money to clear the arrears? how is this being paid to you? is it cheque, bank transfer.....?

 

In your statement for court you will need to explain how you intend to clear the arrears.

 

If you can answer the following questions (and also how the money from the inlaws is to be paid) I can draft you a template statement.

 

What was the reason for the arrears arising?

Is the mortgage in joint names?

Do you have any children?

How will you maintain the payments in future?

 

You will also need to submit an income and expenditure statement to show the judge how you are able to maintain the monthly installments going forward. I have affixed the budget sheet we use.

 

You should get to the court early and ask the usher to put your statement in front of the judge before the hearing. If they can't do that then don't worry you can hand it to the judge yourself. The representative for Abbey may approach you in the waiting room (sometimes they are able to do a deal with you before the hearing, sometimes they can be intimidating) - if they do just hand them a copy of your statement and say you will wait for the judge to decide.

 

Also, if there are any free legal representatives at court (a lot of courts have them on possession hearing days) you should ask them to accompany you into the hearing.

 

Possession hearings are held in a private room, with just yourselves, the judge and a representative for Abbey - the public are not allowed in. You will sit around a table (or opposite each other) - the judge will understand that you are nervous and will guide you through the process. As Abbey are bringing the action the judge will address them first - do not interrupt or disagree with what is said by the other side. The judge will then come to you - at this point you can say "Sir/Madam - may I give you my statement" and hand it over. The judge will then read it and make his decision. The whole process will take approximately 5 - 10 minutes, there will not be a lot of discussion!

 

If you are able to clear the arrears you will not lose your home. The judge may order a suspended possession order pending receipt of payment of the arrears.

 

Ell-enn

Budget Sheet.xls

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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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Hi, I've got to log off soon. As you haven't replied I have affixed a template statement for you to complete with your information for the court.

 

I will be online again in the morning from around 8.30 am if you need to ask anything.

 

Ell-enn

Witness Statement Template.doc

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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please let us know how it went

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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