Repossession hearing next month - please advise

[Ell-enn]

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

[Shanidev]

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.

[Ell-enn]

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?

[Shanidev]

Not filled the form but I have all the figures that I can fill.

 

Arrears do not include charges as far as I can see. And they don't specify anything.

MX_9.pdf

[Ell-enn]

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

[Shanidev]

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 March 21, 2010 by Shanidev

[Shanidev]

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 Ombudsman. 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.

[Shanidev]

Anybody out there wishing to have a go? any takers!

[Ell-enn]

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).

[Shanidev]

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.

[Shanidev]

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!!

[Shanidev]

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