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Repossession hearing next month - please advise


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Previously posted in 'Debt Collection Industry' Forum

 

Link " http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/209499-repossession-hearing-next-month.html "

 

On my arrears of £2500 fluctuating (£2000 or less at the beginning of month and ~£2500 at the end)

 

In summary, due to unforeseen circumstances I built up these arrears. Talking to ME is like talking to a brick wall.

 

They insist of harassing me to clear these. I wrote to them in Dec,08/Jan09 to say that we would be able to start paying our monthly premium from March onwards and that we shall pay whatever extra we can to clear arrears. Thsi promise has been kept and we have paid between £15 and £65 more than the monthly premium since March.

 

There was no change in their attitude and then yesterday I had this letter from HL Interactive and this morning I get court papers telling me that my hearing date is 13th Aug, 2009.

 

We have credit card debts of ~£50K, ~ 6K in overdrafts, no other major arrears and house is in negative equity.

 

I am out of work but have started with my limited company. Income is in drips and drabs but enough to keep my promises to ME so far. My partner is in full time employment.

 

Where do we stand and what shall we do?

Attached Files pdf.gifme_poss.pdf (702.8 KB, 11 views)

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Answers to response by Smarterchick:

 

What you need to do for us Shanidev is give us a breakdown of your mortgage with ME.

 

1) When did it begin?-

 

>> Dec 2006

 

2) When you took out the mtg - did you use a broker?

 

>> Yes

 

3) Have you had any further advances or loans since with ME on top of the original mtg but added to the mortgage?

 

>> No

 

4) When you took out this mtg was it the First Charge mortgage or 2nd Charge?

 

>> First Charge

5) Did you have any loans paid off or other bills paid by ME when you took this out?

 

>> Only the previous mortgage because it would not transfer (still reeling >> from high settlement fees)

 

6) Did you receive any cash at the time as part of the Mtg deal?

 

>> No

 

Start there and we can see what comes out from there...

 

SC

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Previously posted in 'Debt Collection Industry' Forum

 

Link " http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/209499-repossession-hearing-next-month.html "

 

On my arrears of £2500 fluctuating (£2000 or less at the beginning of month and ~£2500 at the end)

 

In summary, due to unforeseen circumstances I built up these arrears. Talking to ME is like talking to a brick wall.

 

you mean u get to talk to them wow - i ususally get put on hold for 20 mins + then cut off!!

They insist of harassing me to clear these. I wrote to them in Dec,08/Jan09 to say that we would be able to start paying our monthly premium from March onwards and that we shall pay whatever extra we can to clear arrears. Thsi promise has been kept and we have paid between £15 and £65 more than the monthly premium since March.

 

There was no change in their attitude and then yesterday I had this letter from HL Interactive and this morning I get court papers telling me that my hearing date is 13th Aug, 2009.

 

We have credit card debts of ~£50K, ~ 6K in overdrafts, no other major arrears and house is in negative equity.

 

I am out of work but have started with my limited company. Income is in drips and drabs but enough to keep my promises to ME so far. My partner is in full time employment.

 

Where do we stand and what shall we do?

Attached Files pdf.gifme_poss.pdf (702.8 KB, 11 views)

 

On a more serious note (although the being put on hold things no joke really it's seriously what's happenede to me on numerous occasions)....

 

I'm hoping Ell-enn's gonna pick up on this thread soon because she's probably the best person to help you but as a BTW in the meantime please read the thread I've linked

 

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/195648-new-homeowner-mortgage-support.html

 

does this help you at all? cos ME are 1 of the lenders detailed - hang in there someone'll pick this up soon........;)

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

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It is well worth checking out the Consumer Credit Counselling Service, they are very good at helping people to negotiate with the banks to get a reduced payment plan put together. Also if you go to court with a proposal to clear the arrears within 48 months then there is a good chance you will get a suspended order.

Working to help set people free from debt.

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Case law Cheltenham & Gloucester Building Society v Christina Norgan

Court of Appeal 5 December 1995

States that when considering what is a reasonable period of time to clear your arrears, the Court should consider the remaining term of your loan to be a reasonable period.

Its best for you to clear your arrears as quickly as possible. Saying you will pay what you can when you can is not good enough for the lender, and not for the Court. Consider your finances and offer to pay a fixed sum (as much as you can) every month towards your arrears. As long as this clears the arrears within the term of your loan, the Court should consider this.

Don't be afraid of the Court Hearing, its mor like an office meeting with a few people present. If it gets to that, complete and income and expenditure form (which you should be able to find on Google) to show you are offering as much as you can, and the Judge should give you the oppotunity to pay this.

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From what I have read about ME it is veryimportant that you are prepared with very good paperwork about your dealings with them .

 

So have a file ready with all your letters you have sent - records of your payments made and your future proposals as it may be that their records are not as good as yours:)

 

Have they been charging you for just being in arrears and are these charges included in the amount of arrears they are chasing.

 

You should get some help on here with the N244 form you will have to complete together with and Income and expenditure form.

 

If you read some threads on here and particularly posts by Ell-enn ( use search button across top of page) you should get some idea of the proceedure.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Call your Local Authority, ask for the Money Advisor or Homeless Prevention Team. Ask about the Court Desk duty officer. The Local Authority may be in court very regularly and their officers should be known to the judges. This service is free and they can represent/support you in court.

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Hi Shan,

 

How's it going wiv u? any progress/updates?

 

DeH's x

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

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I spoke to my local Authority and they did not have a clue. Suggested I spoke to CAB who may have such a position. Is this wise to do! I have never had much intelligence out of CAB. I am already speaking to CCCS re this.

 

Thanks in advance.

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Is this your 1st repo hearing?

 

i.e. is the date you've been given a hearing date or an eviction date?

 

Have you received a Claim Form for your Defence?? - it should include a Defence Form (N11M)

 

or is this already a suspended eviction?

 

with regards to getting help, I also drew a blank (& that's being polite!) at my local CAB have you tried shelter Shelter, the housing and homelessness charity - choose your location they might be a better starting point.

 

(I thought shelter were for homeless people but 1 of their main functions is prevention of homelessness especially families)

 

however all the help you need you defo can get here too....

 

if your uncomfortable representing yourself are you entitled to legal aid??

 

try here as a starting point http://www.communitylegaladvice.org.uk/en/legalaid/index.jsp#types

 

although your wifes works you may still qualify

 

hope this helps

 

DeH's

Edited by dehowletts
wrong link

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

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This is first hearing and I have N11M which I can complete. There is an option to do it online. I have around 10 months of correspondence with them. If I do it on line there is lot of scanning and if I do it on paper - do I post it to them or take them with me!

 

I think I can put up a case together but I don't know how good a job I will do. Logically speaking I think my case is good in that I have been paying something to them every month and for the last 5 months I have been paying more than the usually monthly premium but with ME and courts you can never tell. I will contact Shelter.

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Hi

 

It sounds a whole heap better than my case SH so take some comfort from that.....

 

Someone (who knows what they are doing & how to word things more than me!!) will be along to help with your defence form soon I'm sure so hang tight ok?

 

In the meantime have a look at this thread

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/188004-capstone-sppl-repossession-hearing.html

and the documents attached by Ell-enn on the 7th & 8th March

 

& this one

http://www.consumeractiongroup.co.uk/forum/repossessions/201755-why-ring-me-before.html

and the entry on 4th June

 

If like me you need a starting point it'll give you some idea (if you need it that is!!??)

 

DeH's x

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

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Hi there, I would advise you not to send your defence online - they have a habit of not getting there! It's best to post (by recorded delivery) or hand deliver to the court.

 

I can help you with the N11M defence forms and the statement for Q.27 which is the most important part.

 

If you are able to make the monthly payment plus a little towards the arrears you won't lose your home.

 

Work out what you can afford to pay towards the arrears each month and fill in the financial questions on the N11M (do it in pencil first in case you make a mistake).

 

It will be OK to put in your defence at the end of this week - most courts will accept it up to a week before the hearing.

 

Do you have a statement from ME showing the arrears and charges? I suspect the amount they are saying is arrears has charges included, and cannot be used in the possession case.

 

Ell-enn

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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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Thank you very much Ell-enn. I have never been in court in any capacity. Hence, the nerves. I have had letters from ME when they have levied charges but no statement. I get monthly statement of outstanding amount and what I need to pay to clear the mortgage. I have asked for statement showing any charges, penalties etc and they sent me statement showing what I should have paid and what I did pay. I have repeated my request but so far nothing. This is major problem with ME - no continuity. Either they have high staff turnover or they are running like chickens without heads.

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Hi Shanidev, I'm working on your statement - do you have a copy of the letter you sent them Dec08/Jan09 ?

 

Have you filled in the financial questions on the N11M yet?

 

Also, does the amount they are claiming in the court papers include the arrears charges?

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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Hi there, that's great. When you fill in the financial questions on the N11M make sure the extra amount you are offering to pay each month is the amount left over after everything else has been accounted for.

 

I have affixed the statement - in the box at Q.27 write "please see affixed statement".

 

On the affixed statement you will need to enter the information where I have put XX's

 

On the copy letter write the claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

Do the same on the mortgage statement but write Appendix 2.

 

Affix these securely to the N11M.

 

Take a photocopy of the form and the Appendices before you hand it in to the court. You will need to take one with you on the day.

You should arrive at the court in plenty of time. If there are any free legal representatives there, approach them and ask for their advice. They can accompany you into the hearing if you wish. Sometimes the representative for the other side will ask to speak to you, it is up to you whether you do or not. If you do, and you feel intimidated at any time, just end the conversation by saying you would rather wait for the judge to decide.

The hearing will take place in a private room with just the judge, you and a representative from the other side. It is usually conducted around a table, like a meeting. The public are not admitted. The judge will know that you are nervous and they are usually very good at guiding you through the process. If you have to address the judge it should be Sir or Madam – and don't interrupt them!. The whole procedure should take no more than 5 or 10 minutes.

 

 

Any questions just shout:)

 

 

Ell

Shanidev N11M Q.27 Statement.doc

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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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  • 3 weeks later...

Hearing has come and gone. Odds were stacked in favour of ME. I had more sympathy out of ME's solicitor than the judge. There was no spirit of traditional 'innocent until proven guilty'. For judge ME's template 'we followed all procedure to the letter and spirit' was good enough.

 

Choice before the judge was a) grant possession on 28 days notice or b) I pay more - no body bothered to read my plea or statement. 5 mins later ordered to pay 40 quid more than the monthly instalment (same as what I had been offering since day 1). I had paid 120 more than the monthly instalment in July. I thought I was showing goodwill but with hindsight it was a bad move.

 

What can you do.

 

My learning - Moral, ethics, sins, gods, angels and whatever else padre has been telling me is just to keep the poor in their place. Reality is that Money is Power and Power is GOD. There is no sin as long as you know GOD. You can do whatever you want to do to increase your wealth, thus your power and Yes, you will get to nearer GOD, the more you have; it makes no difference as to how you attain it.

Edited by Shanidev
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  • 7 months later...

Sorry - originally posted in the wrong place

 

Hi, I am back in court next month. This time it's review. Last time I was in court, the judge granted suspended repossession and I was told to pay my normal monthly instalment plus an amount to clear the arrears in the remaining term of the mortgage (thanks to help given by dehowletts and Ell-enn).

 

When I went to make my August payment the guy and MX said, "Let's look at whet the court decided." He said, "the court has ordered my payment to start from 1st Sept and that as long as I pay before the end of the month this would be fine." And, since then I have been paying instalments required before the end of the month.

 

So my arrears are ~£2500 at the end of the month. Court review is 1st week in April at which time the arrears will be ~£3200. Also, the solicitors sent me a bill of £411 in Oct 2009 saying that I could pay before 14th Dec or their charges will form part of the arrears. Last time they even tried to get penalties on to arrears but the judge said this was not allowed.

 

Where do I stand and what I need to do or take with me to the court.

 

Also, one more thing as I left the court last time the judge said MX's behaviour/conduct was not in her jurisdiction and advised me to my case to OFT. But, MX's final response said if I was not satisfied with them, I should take my case to Financial Ombudsmanlink3.gif. Who should I take it to?

 

My main complaints are that:

 

  1. They never give full name (only give first or last name).
  2. General £!$$ you off by either cutting off or not coming back or refusing to take the payment for one reason or the other, like call later, he/she has had to go for a break or the systems are down. And if you call 40 mins or so before closing time, the phone is repeatedly cut off and then 'sorry we are closed'.
  3. Any promise or agreement they make on the phone is denied later and you cannot even speak to the original person - any excuse.
  4. Repossession proceedings were rushed through - I was told that I had to clear arrears within six months and if I could not the case would be sent to HO for decision. I phoned and wrote asking for case to be referred to HO. I never received any reply to that - usual conduct with MX (the trails die down and others are started). and when I phoned to asked why the repossession proceeding if I am still awaiting their response to my request. the guy just said, "They could not get hold of me on the phone" - one call!! I was called the day before the court hearing ...the guy gave his first name and when I called back, I was told there is no such person in the company.
  5. Plus general arrogance and harrasment when calling to pay.

Thanks for your help in advance.

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Hi there, you will need to take an up to date statment to court with you (I can help you with that if you need me to), showing the payments you have made since the last hearing and also explaining how they have calculated your arrears at the beginning of the month - and how they are adding solicitors fees to the arrears.

 

Write (by recorded delivery) and ask them for an up to date statement so we can see what they're up to. Keep a copy of the letter and postal receipt so you can check on the royalmail website to print off the signature receipt - jeep that safe with your copy of the letter. (if you need help with the letter let me know).

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Thanks Ell-enn for you quick response. I am OK with the letter ...have requested statement. Hopefully, they will send the right. Recorded letters they claim never to receive ... usual lie through their teeth.

 

With this temporarily out of the way. Who should I take my case to. OFT that the judge mentioned or the Financial Ombudsman.

 

Thanks once again for your help.

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  • 2 weeks later...

MX called yesterday to say that last agreement finished end of March. amazing!!

 

Court order was to pay fixed additional sum to clear arrears in line with mortgage length term with a review after 6 months. Are MX right in saying that agreement ended in March? ...even thought I have kept up with the payments?

 

Now they are asking me to do an Inc & Exp sheet for them to review and enter into another agreement. This they say would avoid court hearing but I have already got the court date. Are MX upto something!! ...I can't think they are keen to be good samaritans.

 

Any thoughts!!

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Well I asked for statement and they said fine and cost would be £25. When pushed said OK- it's free but £25 for a duplicate. Then someone called saying it is not free. I am given to understand that it should be free. Any one know of any pointers (preferably B&W) to some ruling/guideline/fair practice that says it is free?

 

Thanks and Regards, Shan

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