Help needed court on the 28th sept

[tiger33]

i took out a secured loan on my house for £85000,but over the last 18 months i haven,t been able to pay anything to them,so the arrears are £22000,i buried my head in the sand thinking they,ed forgotten about it as its been so long in contacting me,work as picked up and my wife is hopefully going to get a job before the court date so what i need is help filling in my defence form and help in what letters i should be sending out at this stage

also the £22000 arrears has ppi payments included in it and in the t&c the policy becomes void if you are 3 months behind,so can i dispute the amount of arrears,

 

also i,ve got a miss selling of the ppi claim with the FOS,can i use this in my defence?as i,ve already had two claims upheld by the FOS against other banks,so i,am hopeful that this one will go in my favour and the ppi payments i,ve made which is about £7000 can go towards the arrears and £190 a month could go towards the arrears instead of for ppi

[Ell-enn]

Hi, you have a couple of weeks before you have to enter your N11M defence form and I can help you with that (Q.27 is the most important part - your defence statement).

 

However, I need to know the following before we can get to work:

 

1. Is the loan in joint names?

2. Is there also a mortgage on the property and if so is it up to date?

3. Do you have any children?

4. Given that the PPI claim may not be settled before the hearing are you able to commence payments + an amount towards the arrears each month?

5. You say your wife may have a job before the hearing - has she had an offer?

6. Do you have any documents from the FOS regarding the PPI claim?

 

Ell-enn

[tiger33]

1 yes the loan is in joint names

2 yes there is a morgage on it and i,am 2 months behind(£1400)

3 yes two children 10 and 17

4 yes i,ll be able to make payments and an amount off the arrears but not till the 18th sept

5 no firm offer but her mate works there and she said the,ll be no problems

6 yes,i,ve got all the letters off them and i,ve sent them a copy of the letter for repossession so they will hopefully look at it fairly quickly

 

thanks so much for your time

[Ell-enn]

Hi, given we have a couple of weeks before your defence has to be in I think you should write to the lender telling them you can start to make payments on 18th September. This will help your defence if you can show you have tried to negotiate with them.

 

How much is the monthly payment and how much can you afford to pay extra each month towards the arrears?

 

If you need help with the letter let me know and I'll draft one for you.

 

Ell

[tiger33]

hi,the monthly payments are £1171,i could manage about £200 towards the arrears and could you please draft me a letter,thanks

[Ell-enn]

Hi, what was the reason for the arrears?

 

I'll draft the letter

[tiger33]

hi,i,am a self employed plasterer and because of the credit crunch people have not been having work done so my income dropped,but over the last few weeks i have seen work pick up

[Ell-enn]

OK, I'll do the letter.

 

In the meantime, can you fill in the affixed budget sheet as you'll need to send that with your letter. Remember the £200 you are offering towards the arrears each month is the amount left over after everything else has been paid.

 

(If you're anywhere near me, you can come and plaster my son's bedroom!)

Budget Sheet.xls

[Ell-enn]

Affixed is the letter. You need to send by recorded delivery - keep a copy of the letter and budget sheet and also print off the signature receipt from the royalmail website - keep the receipt safe with your letter.

Tiger33 letter.doc

[tiger33]

hi,i,ve sent the letter and budget sheet off,just waiting for there reply,when do i need to send the papers back to court?and could you help me with filling in some of the questions please

[Ell-enn]

Hi, no problem with helping you with the forms. You will be OK to take them to the court next week. Just wait a few days to see if you get a reply to the letter - when did you post it? Have you checked on the royalmail website to see if they've signed for it?

[tiger33]

posted it friday,so will check royal mail,i,ll let you know what there reply is as soon as i get it

[Ell-enn]

OK, if there's no reply by Wednesday/Thursday we'll get the forms filled in.

[tiger33]

hi,had a phone saying they would be prepared to take £300 per month off the arrears,the thing is this might to streching my budget,so should i say no and stick with my offer of £200,i,am just looking at the court papers and could you please help me.

 

question 2. disputing the claim,can i use the ppi payments that i have paid in to dispute the amount of the arrears or do i have no right to dispute the claim?

 

question 27 whats the best thing to say about suffering exceptional hardship if i was forced to move immediately.

 

do i have to fill in both fills for me and my wife?

[Ell-enn]

Hi there, stick to the offer you can afford - they will always try to get more out of you!.

 

Re the court papers, just fill in one set and write your wife's name next to yours (or underneath).

 

The hearing is for the arrears situation, unless you dispute that you are in arrears there is no point in ticking the box for dispute. The PPI claim can be mentioned in your defence if you wish, but is a separate issue to the arrears.

 

I can draft a statement for Q.27 if you'd like me to, but it will be later on today if that's OK?

 

You will need a copy of the letter you sent and the proof of receipt. Did you send a budget sheet with the letter?

 

Ell

[tiger33]

that would be great if you could write me a statement up,i,ve got a copy of the letter i sent them with proof of posting,yes i sent them a budget sheet

[Ell-enn]

Hi there, nearly finished the statement. Are there any charges in the amount they say is arrears?

 

When you fill in the financial questions 17 -25 make sure you use the same figures you put in the budget sheet you sent with the letter.

[tiger33]

yes there up to £23987 from £22814

[Ell-enn]

Hi there, affixed is the statement - you need to put the information in the boxes at the top (it will be on the court papers) and remove the XXX's. Also you need to put your name where there are XXX's in the body of the statement.

 

On the copy of the letter you sent them & the proof of receipt, write the claim number on the top left hand side and Appendix 1 on the top right hand side.

 

At Q.27 write (see affixed statement).

 

Assemble as follows:

 

N11M form

Statement for Q.27

Copy of letter and proof of postage - Appendix 1

 

Now take a copy of all of it and staple each set - take one set to the court by hand asap.

 

Also affixed is a copy of the Cheltenham & Gloucester v Norgan case law which is quoted in the statement. This ruling gives judges the power to order that the arrears be paid over the remaining term of the mortgage if he sees fit. This paper is for your information only do not give it in to court, just read it so you understand what it's about.

 

Any questions, just shout.

 

Ell

Tiger33 N11M Q.27 Statement.doc

Cheltenham & Cloucester v Norgan.doc

[tiger33]

thanks very much,will get it there tomorrow

[tiger33]

good news,the fos have sent me a letter today stateing that 1st plus have agreed to settle my complaint about ppi,fos state that 1st plus have to settle it based on the general approach that the fos takes when they decide that a consumer has been mis-sold ppi,in the letter it says 1st might be busy so they may take up to 8 weeks,hope i,am not jumping the gun but will the judge take this in account when i go on monday.

[Ell-enn]

Hi there, that's good news how much are you expecting to receive from 1st plus

 

We can do an up to date statment for you to give to the judge on monday with a copy of your letter and advise him of the payment you anticipate receiving within 8 weeks.

[tiger33]

hi,it works out that i,ve paid £6700 with 8% already added (as fos said this is what 1st plus have to do) and £3640 which i,ve not paid but is in the arrears total.

[tiger33]

hi,ellen any chance of doing my new statement before tomorrow,thanks

[Ell-enn]

Will do, back shortly, just about to have dinner.