Desperately worried - Court date received - Really need help!!

[jessie15]

Hi, please can someone help us!! We had arrears on a secured loan this time last year of approx £3,000 we were being taken to court for repossesion but we managed to lend the money off hubbys mum we then received a letter from the court stating that "it is ordered that the matter be adjourned generally and that the claim be struck out if no request to restore is received by 10 June 2009". We have since fallen behind with payments but have been in touch with lender who have been very good and they arranged for us to pay the arrears off by paying a little more each month for the rest of the term of the loan, we even set up a direct debit to help us not to fall behind anyfurther. However, today just got in to find a load of letters from lenders solicitors and court to say we have a court hearing for 10th August for repossesion!! Tried calling lender who say our account is blocked and so they could not help and the solicitors have now closed for the day!! Called the bank to check that this months payment has been paid which it had (so nothing to do with that). Two of the letters are from the court (one to me and one to hubby)- "Notice of Adjourned Hearing", the other was from the solicitor addressed to the Occupier it states that it is a CPR 55.10 (2). Two others are telling us of a change of claimants solicitor (one each to me and hubby). I have no idea how these things work, can anyone please help as I am desperately worried!! I obviously intend to call the solicitors tomorrow just wanted to be forwarned.

[Ell-enn]

Hi there, in the first instance you need to write to the lender outlining your shock at receiving a claim for possession when you have an arrangement in place which you have adhered to. If you need help with the letter let me know and I'll draft one for you. They have not acted in accordance with the pre-action protocols in that they should not persue possession when there is an agreed repayment plan in place.

 

There is no need to respond to the court just yet, we have plenty of time to try to get the hearing cancelled.

 

Don't worry too much - I'm sure we can help you sort this out

[jessie15]

Hi Ell-enn, I was hoping you would read my post. After getting into our recent arrears I spoke to the lender many times who were very helpful, but it was done on the phone, very little in letter form, apart from one letter received earlier this month referring to my recent conversation, stating our arrears and the fact that they were willing to allow us to pay this off over the remaining term, which we needed to sign and return to them. Not sure if I remember properaly but I think the lady I spoke to said I had to pay the agreed amount for 3 months without any problems then they would put me on the new payment plan. As I have said this months payment has gone out of our account so no problem there. I am so confused here, I really appreciate your help!!!

[Ell-enn]

No problem I'll draft you a letter and post on here shortly.

 

Just need to know the following:

 

Is the loan in joint names?

When did you make the arrangement with them and how many payments have you made under this arrangement?

 

Ell

[jessie15]

Hi again,

Its is in joint names.

After discussing this on the phone with lender we made one payment via payment book through the bank in May and then one payment via direct debit (which has since been set up)paid out in June.

I cant thank you enough for this xx

[Ell-enn]

Just one more thing - do you have a copy of the letter you received from them that you had to sign and return?

[jessie15]

yes I do

[Ell-enn]

Excellent! you will need a photocopy of that letter and also of the letter from solicitor and court to go with the letter I have affixed.

 

You need to enter the name of the court where I have put XXX's and also the dates of the two payments you have made under the arrangement. When you print it out make sure your printer is set of A4 paper (not letter size) so it all stays on one page.

 

You should also send a copy of the letter to the solicitors and page 2 of the document affixed is the letter to them.

 

Send both by recorded delivery, keep copies of all of it and also of the proof of posting. Check on the Royalmail website in a few days to print off the signature receipts. Keep all safe together in a file in case we need it for your defence if it proceeds to court.

 

Lets hope they see sense and cancel the claim.

 

Any questions, just shout:)

Jessie15 Letter.doc

[jessie15]

Ell-enn you are a star! Do you think we have need to worry? Have you heard of this happening before?

 

Do you think I should call them tomorrow just to see if I can gather anything else?

[Ell-enn]

No point in ringing them as you can never prove what is said or agreed on the phone. Lets just wait and see what response you get to the letter. If you send it tomorrow recorded they will get it on Friday and you should get a reply early next week - just be patient (difficult, I know) and don't speak to them.

 

I can understand you are feeling anxious in this situation, it must be very stressful for you, but there is no way you are going to lose your home when you have an agreed payment plan in place and you are adhering to it. If they are daft enough to take this to a court hearing, the judge is not going to be pleased with them! they will realise their mistake when they read the letter;)

 

Try to stay positive and await a reply:)

[jessie15]

Ok. Letter will be sent tomorrow first thing, let you know how we go on, thank you!!!

[Ell-enn]

You're welcome keep us updated.

[jessie15]

Hello again!

We received a letter from the lenders solicitors today saying the following:

 

"We write further to your letter dated 17th. We confirm that we have today written to the Court requesting the forthcoming hearing is adjourned generally with liberty to restore." it goes on to say if there are arrears on the account then to contact the lender to arrange a way to clear it (which we have already in place.

 

I assume from this that they have backed down without admitiing that one department has not communicated with another, unless I am missunderstanding it! What do you think?

 

Do we need to do anything else, such as call the court to make sure the hearing has been cancelled?

[Ell-enn]

Sounds like they've accepted your proposal - however, I would definitely ring the court and ask if the hearing has been adjourned. You need to keep to the payment arrangement as they have asked for the hearing to be adjourned with liberty to restore, that means they can bring the case back to court at short notice (you can still defend it, but it's something you can do without).

 

Glad to hear you got a positive response - well done, hope you can relax a bit now

[jessie15]

Thats great! I really cant thank you enough for your help you have been brilliant!!!

 

Many many thanks!!

[Ell-enn]

You're very welcome