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Repossession hearing tomorrow


si31
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hi all. i have a repossetion order and have applied for a suspention which i have a hearing in court at 10am tomorrow (19th aug). i am totally beside myself and would be most greatfull if anyone could give me words of advice or tell me what to expect. i,l try to be brief and explain. we got into arrears after loosing my father, he went to italy to meet his fiance and the night after he got there fell i,, and was in a vegetative state, i was out of work as i had to keep flying to and from florence to him and trying to get him home. the mortgage havnt once helped us in any way and the past year i have missed payments despite going to court once and an agreement being made to pay £50 on top of the mortgage. at that time my dad was still in italy very ill and i just wasnt able to work enough to stick to this agreement. there is £11,900 arears plus charges and GE Money have refused my offers to pay £200 a month on top of the mortgage. i can prove that this is realistic for us to pay and can now afford to stick to as im earning alot more and in ecxellent health now. is it too late??? i am devestated as i feel the house is all i have left and honestly dont know how i will cope after going through all the stress of loosing my last parent. i would appreciate anything anyone could suggest or advise. many thanks in advance.

 

simon.:(

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Hi Simon, lets see what we can do :)

 

I assume you applied for a hearing on a N244 form? if so, what did you put in Q.10 of the form?

 

Also, did you send in a budget sheet with the form?

 

Obviously we need to work quickly if your hearing is tomorrow.

 

 

Ell-enn

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thank you so much for replying so quick ell-enn. yes i applied with an n244 form, i had a loan to pay the arrears off which has fell thru so i explained on it that i am taking steps to get a loan to repay GE money, only have an offer in principle which i understand isnt a guarentee i,l get it. i also explaind that i was in a much stronger financial position to meet the normal regular payments. i was thinking of putting it to the court that if i dont get the loan i can realisticaly afford £200 a month on top of the mortgage. i have done a income and expenditure to take with me tomorrow. i feel sick to the stomach.

 

si.

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Hi, in your income and expenditure statement did you show the £200 you can pay towards the arrears as the amount left over after everything else has been accounted for?

 

Is the mortgage in joint names?

Do you have any children?

Do you have an up to date statement from GE?

Does the amount GE are stating is arrears have any monthly charges included?

Did you quote the Cheltenham & Gloucester v Norgan case law in your N244 statement?

 

Ell

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hi, yesi have included the £200 in my income and expenditure, and yes the mortgage is in joint names and i also have my partners wages coming in aswell. we dont have any children, and yes we have an up to date statement from GE saying all the interest and charges that have been added on to the arrears. i didnt know about the cheltenham & gloucester case.

 

si

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OK, I can write a statement for you to take to court tomorrow to give to the judge - you do have a printer, yes?

 

The Norgan case law gives the judge the power to order payment of the arrears over a longer period of time than the mortgage company would want (over the length of the mortgage term if necessary), so it's very useful to quote that in a statement and I will put it in.

 

You will need to take a photocopy of the statement showing the arrears and charges - how much of the amount they are claiming is monthly arrears charges? - add it up and let me know the amount. The charges should be added to the outstanding mortage amount and NOT included in the arrears. We have to make sure the judge only orders payment of the arrears, without the charges included.

 

I am starting to write the statement now, just need you to let me know the arrears figure without the charges.

 

Ell

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ell that is so very kind of you i cant thank you enough. i dont hav any ink in my printer but if you email it i can forward to a friend who can print it off for me.?? the arrears before the charges are £11.908.11.....with the charges it is £14.330.10. i have spoke to my friend and she will print it for me if i forward the email.

 

si

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Hi there, I have removed your email address from your post as it's not a good idea to show it on the open forum :)

 

I will email the statement to you in a few minutes, but you will need to enter information on it where I have put XXX's (remove the XXX's).

 

On the budget sheet write the claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

On the statement showing the arrears and charges write the claim number again and Appendix 2 on the top right hand corner. Either circle in pen the charges or use a highlighter pen to show them.

 

Affix the appendices to the statement. You will need three copies of all this. One for the judge, one for the mortgage company's representative and one for yourself to refer to in court.

 

When you get to court ask if there is any free legal help available - they will be able to come into court with you and speak on your behalf. You can also ask the court usher to give your statement to the judge before the hearing. If they can't do that you will need to give it to him yourself. As this is your application for a hearing the judge will speak to you first (don't interrupt him/her at any time). When you have the chance you should say "Sir/Madam, may I give you an up to date statement" and just hand it over. If you have a legal rep they will do it for you.

 

The other side's rep may ask to speak to you before the hearing, if you feel intimidated by them just say you would rather wait for the judge to decide - hand them a copy of your statement just before you go into the hearing - if you give them it any earlier they will be on the phone to the mortgage company telling them what's in it!

 

Try to stay calm in the hearing - I'm sure it will turn out OK :)

 

Any questions, just shout. I will also be on line from around 8.30 in the morning if you need to ask anything before you go. Let us know what happens as soon as you can.

 

Good Luck

 

Ell-enn

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i truley am so very greatfull ell-enn, thank you so much for your help, i feel more reassured. i,l will deffinatly letyou kno tomorrow the outcome. again many many thanks fo you time ad help.

 

si

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No problem :) stay positive!

 

Can you just let me know if you get the email OK, I can go to bed then :D

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oh i am speechless and so greatfull, that is superb, again i cant thank you enough. sleep well knoing that you have truley made someone feel so much lighter. let you know tomorrow how it went. night night. xx

 

si

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Good night - hope you get some sleep :)

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good morning Ell, i have everything ready and done everything you have so kindly explained, again thank you so much. I am so nervous, it feels like my whole future lies on this outcome. I will let you know as soon as i get back, i hope to god i have somthing possative. :???:

 

Si.

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bad news, the judge was not going to budge, i have to be out by 1pm tomorro, the storage men have just gone. im absolutly devestated, i have put what was left of my heart into the house after loosing my dad. i would like to thank you Ell for your help, it was greatly appreciated.

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:eek::eek: OMG - I can't believe it - I'm sooo sorry for you.

 

What was the judge's reason for not suspending the eviction? Had you only had one suspended possession before?

 

Ell :(

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he went in for the kill, yes we hav only been to court once before, he said the arrears was too great and basically even tho i had spent time out of work due to loosing my dad i should have made more effort to give somthing. i just feel well and truley sick.

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im numb, im have managed to get almost everything out and in storage, sounds silly but my poor cat wonders whats going on. thanks for your kind words everyone.

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Si

 

Thats terrible news:( not even giving you a chance. Im shocked I thought that with present climate Judges would be more sympathetic towards cases such as yours.

So sorry, just dont know what to say, except take care.

 

Ang

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