Lloyds Repossession Claim

[est1234]

Not sure if this is the best place to post this, I am faced with a possession hearing on September 2nd next, I have had the house on the market for 19 months I have now accepted an offer and solicitors have been instructed. The problem is that the house has 3 charges on it the 1st is the mortgage, the second a personal overdraft, the 3rd is a guarantee for a business overdraft for my sons company, All are with LloydsTSB group (1st C&G, 2nd Personal, 3rd different Branch of Lloyds). The first two have been very patient and have not proceeded to any action preferring to awit a successful sale, and they are owed a great deal more then the lloyds who hold the third charge, the third on the other hand is for an amount of £17,000 and it is this one that has generated the possession order application. Further complicated by the fact it is an "all monies mortgage". My questions are these.

1) Can I defend or request a it suspended on the basis that by the 02/09/09 (the hearing date) we may have exchanged. Our purchaser has an unincumbered buyer, and we will move into rented upon completion. So no chain involved

 

2) There is plenty of equity in the property, so repayment of all creditors is not in doubt upon completion.

 

I have been unemployed for this period of time, and whilst recently it looks like I'm making progress with this, nothing is certain. It should also be noted that I put the property on the market, I was not pressured to do this, my intention has always been to keep not avoid my financial committments. I was not an employee of my sons company, so only agreed to guarantee it due to their unreasonable behaviour in the first place.

 

I'm about to respond with a defence that

Their statement in the application states "The Claimant is not aware of any attempt by the Defendants to sell the Property" this is simply not true, Both Charges 1&2 are fully aware, charge 3 has never requested this information as documents, but has been informed in almost every phone call of the property being for sale.

- Property has been actively marketed since january 2008

- Price has been reduced twice to attract interest

- Upon contacting the solictors acting for Charge 3 after receipt I informed them of the sale, they refused to stop the proceedings.

[Ell-enn]

Hi, you should have no problem defending it if you can show the court the documentary evidence of the sale (your solicitor should be able to provide that), plus the fact that there is enough equity to clear all your debts.

 

If you need help with completing the N11M defence form please let me know.

 

Ell-enn

[est1234]

Thats very good of you Ell-enn. in completing the form I am looking to summarise the points above, but give a fuller explantion as an appendix.

 

Incidentally your fast response is most impressive.

[Ell-enn]

Hi, at Q.27 of the defence form, you need to write "please see affixed statement" and then affix a witness statement (you'll find some examples in the Repossession forum that are affixed to threads I've helped with).

 

Ell-enn

[est1234]

The fact it is an "all monies mortgage" does that mean that the 1st C&G and 2nd Personal lloyds account are aware and in agreement with this action, given that neither have brought pressure to bear (after all they are all part of the same group). I would have thought so but they have never mentioned it, they don't even chase their claims, possibly due to the previous 35 years as a good customer.

 

I will copy you on my draft defence once completed.

 

Just to re-iterate at present I have the agents offer letter, the agents confirmation of offer detailing purchasers & my solicitors detail, I'm sure I will receive more formal questionairre from solicitor prior to hearing, may even have exchanged with luck.

[est1234]

I've clicked on the link that takes you to the HMC website but can't download any Forms, with the hearing notification there is a single sheet N11 defence form but no questionaire. Do you have a link to this?

[Ell-enn]

Sorry, I should have said point 27 of the N11M - I assume you have this: (affixed)

n11m_0406.pdf

[est1234]

Thank you very much Ell-enn, all that was supplied was a single sheet of form N11 with no questions, I'll get on it later today and let you have a copies for your perusal and comment.

[Ell-enn]

OK, you should mention in your statement that you received no defence forms and had you not sought advice you would have been disadvantaged;)

[est1234]

Hi Ell-enn, just a couple of queries.

 

Do I supply a copy of my defence prior to the hearing or at the hearing?

 

My summary is;

- property is under offer (they state they are unaware of this)

- didn't receive their solicitors letter detailing the action (still havn't)

- no substantive proposal or contact (i have copies of email to refute)

- Did not receive the defence form and would have been disadvantaged etc.

 

I can't help feeling that on such important matters solicitors should be made to send communications such as this as recorded delivery, as the additional cost is negligeable in the scheme of things, it would also remove the question of a letter not being removed ie; there would be proof I didn't receive it.

 

Thanks for the advice regarding the defence form.

[est1234]

I mean a copy to their solicitors, I will of course provide the judge with a copy this week.

[Ell-enn]

Hi, no you don't have to send it to their solicitors - the court will do that. Make sure you keep a photocopy of everything for yourself you will need to refer to it on the day.

 

You can actually hang on to the defence papers until 14 days before the hearing (you might have more information by then) - in the meantime you could write to their solicitors detailing the situation. You might find they will cancel the hearing (you can always hope!).

 

I am moving your posts to a thread of your own in the repossessions forum so it's easier to find

 

Ell

[est1234]

OK Ell-enn thank you very much for your advice so far.

[Ell-enn]

No problem, happy to help Keep updating this thread and I will respond.

 

Ell

[tembo]

If you have exchanged before the hearing, they can't repossess you. When you exchange, it has been sold, so is not yours to repossess. Even if they were to evict you, there is always a month between the hearing and the eviction date.

[est1234]

Don't think exchange will have taken place before then, but the work for exchange will hopefully be complete.