Reached agreement with lender but can't attend court hearing...

[DH84]

Hi,

 

I am due for a repo hearing on thursday, over arrears of approx 800 on my mortgage. I have just got a new job and with the extra money have been able to call up the lenders solicitors and offer a repayment schedule that the lender has agreed to (£250 a month). I have received written confirmation of their acceptance of my offer and a statement that they will be applying for a suspended possession order on the terms agreed, they have also included a written statement for me to sign and return so they can present it to the court.

 

Unfortunately as part of this new job I HAVE to attend a non local training residency course which will prevent me from attending court on the due date.

 

 

Is there a written statement i could send in explaining my predicament and that i agree to the proposal that is set down in writing by the lender?

 

I don't want to jeapordise this new job that will allow me to pay my debts but likewise i don't want my non attendance to prevent the judge granting a suspended possession order.

[sam614]

did you complete n244

[DH84]

No, there's no possession order in place at the moment, the hearing is to grant a possession order and my lenders have agreed to go for a suspended possession which i will not contest so is the form relevant? also the link you provided is coming up as saying that my search did not match any documents?

[Ell-enn]

Hi there, did you fill in the N11M defence form that should have been sent with the court papers regarding the possession hearing? If not you can send in a statement with copies of the letters from the lender - I can help you write it if you wish. You would need to fax it to the court (or take it by hand) to ensure they get it before thursday.

 

Ell-enn

[sam614]

were they taking you to court for arrears to repo? before you offered to pay the arrears and they accepted did you not fill in the form asking to suspend

[DH84]

Hi there, did you fill in the N11M defence form that should have been sent with the court papers regarding the possession hearing? If not you can send in a statement with copies of the letters from the lender - I can help you write it if you wish. You would need to fax it to the court (or take it by hand) to ensure they get it before thursday.

 

Ell-enn

 

 

I have filled this in giving details of my agreed repayment schedule, I can have ot taken there by hand by a family member on monday. I have also written a statement and enclosed copies of all letters agreeing to request a suspension.

[Ell-enn]

OK, not much more you can do - I can't see anything going wrong if you have the lender's agreement in writing. I'm surprised they're going to court for £800 arrears though !

[DH84]

there's a 2k overdraft on my current account with them as well, In the letter they've sent me they say

 

We confirm that our client is willing to accept payments of monthly instalment together with an additional £250 a month. Once arrears have been cleared on your mortgage account our client has requested that the additional sum be paid to your current account. If you can make any proposals towards your current account please contact us.

 

We will request that any order for possession be suspended on the terms that we have agreed.

 

 

In my statement to the judge I am writing that I acknowledge I have unsecured arrears towards the current account and will seek a repayment plan separately with my lender.

 

I don't really want to be tied in to £250 a month to clear that debt when say £100 would be more affordable (I already have £95 of benefits going into that account so £100 on top of that).

 

 

 

 

*thank you all for your help btw. (and it's more like £870)

[Monty2007]

Hi,

 

I am due for a repo hearing on thursday, over arrears of approx 800 on my mortgage. I have just got a new job and with the extra money have been able to call up the lenders solicitors and offer a repayment schedule that the lender has agreed to (£250 a month). I have received written confirmation of their acceptance of my offer and a statement that they will be applying for a suspended possession order on the terms agreed, they have also included a written statement for me to sign and return so they can present it to the court.

 

Unfortunately as part of this new job I HAVE to attend a non local training residency course which will prevent me from attending court on the due date.

 

 

Is there a written statement i could send in explaining my predicament and that i agree to the proposal that is set down in writing by the lender?

 

I don't want to jeapordise this new job that will allow me to pay my debts but likewise i don't want my non attendance to prevent the judge granting a suspended possession order.

 

Along with the other advice, ensure that any settlement agreement is confirmed in writing and is NOT "Without Prejudice". If they do pull a fast one then you will be able to get it overturned. Ensure that the agreement contains all the provisions that you agreed with as much detail as possible, dates etc. Also ensure that the sols or agents specifically state that they are acting on behalf, and with the authorisation of the Client (who should be identified, with address).

 

Best tell the court that both sides have reached a settlement such that the Judge has this in front of his and knows why you are not present.

 

Post up anything that you are unsure of.

 

Good luck!

[DH84]

Along with the other advice, ensure that any settlement agreement is confirmed in writing and is NOT "Without Prejudice". If they do pull a fast one then you will be able to get it overturned. Ensure that the agreement contains all the provisions that you agreed with as much detail as possible, dates etc. Also ensure that the sols or agents specifically state that they are acting on behalf, and with the authorisation of the Client (who should be identified, with address).

 

Best tell the court that both sides have reached a settlement such that the Judge has this in front of his and knows why you are not present.

 

Post up anything that you are unsure of.

 

Good luck!

 

 

Hi, I have the letter in front of me and it's mainly what i wrote above, apart from mentioning that the first payment is due to their client by the 31st august (agreed by me) There is no without prejudice and all copies and forms they have sent to me have contained signed sections that they are authorised to act on behalf of their client (the lender).

[Monty2007]

Hi, I have the letter in front of me and it's mainly what i wrote above, apart from mentioning that the first payment is due to their client by the 31st august (agreed by me) There is no without prejudice and all copies and forms they have sent to me have contained signed sections that they are authorised to act on behalf of their client (the lender).

 

Hi DH84

 

I think you are okay then and can relax. If they were to do anything that breaches your agreement with them you will be able to sue for breach of contract.