Help First Court Date 9/10/09

[FireGuy]

My reasons for being in the areas is i suppose family commitments and underestimating the cost of running a 6 person family on a day to day basis, going to spend today trawling through the budget and presenting one thats achievable for myself and will hopefully be acceptabel by the judge and capstone.

 

As regards to pressure from other creditors, i have fallen for their tales on many occassion, x will happen if you dont pay etc. And looking at other post ive got in with a bad crowd financially, Welcome etc.

 

I am due to make a call to the CCCS has i have submitted some details with them, is this a could option to take, am i right in believing they will contact other unsecured creditors for me and amke them offers of payments.

[Ell-enn]

Hi there, I've looked at your budget sheet and have to agree that £150 a month on clothes should be reduced. Also £100 per month on telephone??

 

I can do a statement for you to take to court on Friday once you have reworked the budget sheet. Do you have a statement showing their charges?

 

By the way Capstone can say what they like about applying for a possession or suspended possession but it is the judge's decision NOT theirs!! they are trying to bully you. Judge's don't take people's houses away unless there is no income and no hope of payment. If this is your first time at court with Capstone there is no way the judge will order repossession, so relax a bit and let's get your statement sorted

 

I will be logging in throughout the day.

 

I take it the mortgage is in joint names? how many children do you have? (so I can start to draft the statement).

 

Ell

[jansus]

Dont want to sound as if I am lecturing but a system that works for me is to have one current account where all my DD and STD for bills go out of. And I pay in a sufficient amount each month and do not touch that account. Then the balance goes into another current account so I know exactly where I am each month. Its not fool proof ( like when a DD is increased and I miss the letter:mad: resulting in charges) but on the whole it works. . Also I try and put in that account money for car bills dentist:mad: etc . Maybe you should try and re-organise your finances and then hold out for hopefully a time when lending will ease and you may be able to transfer to a lender on lower interest rates for all outstnding items.

 

I agree with the above comments that you do need to see if you can do anything about the non secured loans.

[vikster]

Hi all i am Fireguy's better half (hehe) Just want to Thank you all for your posts.....i think finally Fireguy is understanding that the budget sheet needs to be taken seriously otherwise we are sure to be laughed out of court on Friday. Spoke personally to Capstone today who advised that all they want is to arrange a payment schedule to be adhered to and are not looking for full possession order......just hope this can be trusted judging by some of your previous posts we should still be on our guard!!!!!

Think this is a fab site and really greatful to all of you for the advice will keep you posted as to the outcome......

[Ell-enn]

Do you need help with the statement?

[gezwee]

Hi Vikster

 

Lol..... just common sense, thats all it takes to save your home.

 

I make it just tomorrow left to splice together a decent statement so for goodness sake can the 2 of you get your heads together and trim that I&E tonight.

 

Treat this as an exercise in convincing a complete stranger (the judge) that you are capable and committed to clearing the arrears in as shorter period as possible.

 

Don't forget that the judge will be well aware of the cca and will wonder why you prioritise some numpty DCA's over your mortgage provider..... we can probably all guess its because its for a quiet life but he/she will be looking at the legalese not the reality.

 

Crapstones spot on about the fees, but make sure its swinging in your favour before you bring this point up.

 

I think you'll find that Ell-enn is helping many on here and its difficult to get around to everyone in a short time.

 

Can only suggest you and FG give each other a kick up the butt and sort that bl**dy I&E out tonight so E-e can help you sort a decent statement.

 

Oh and don't take their word that they won't seek a possession (wish spellcheck would work ) order, if you are due to appear on Friday you make damned sure you do just that.

 

Best of luck

 

Gez

[jansus]

well said:)

[gezwee]

well said:)

 

 

I try ......and I managed not to f*** even once in the whole post

[Crapstone]

Hi all i am Fireguy's better half (hehe) Just want to Thank you all for your posts.....i think finally Fireguy is understanding that the budget sheet needs to be taken seriously otherwise we are sure to be laughed out of court on Friday. Spoke personally to Capstone today who advised that all they want is to arrange a payment schedule to be adhered to and are not looking for full possession order......just hope this can be trusted judging by some of your previous posts we should still be on our guard!!!!!

Think this is a fab site and really greatful to all of you for the advice will keep you posted as to the outcome......

 

Hi Vikster,

 

Do be on your guard as what they say and what they do are totally different. If you have a fax machine get them to send you everything in writing that they have said on the phone.

 

Your budget sheet doesn't have to be exact but nothing should stand out as being over indulgent and if it does look that way then you should be prepared to explain it. i.e. large phone bill= essential for work. More often than not the judge won't look at it in any depth..what matters is affording your mortgage and paying off the arrears, even if it's over the whole term of the mortgage.

 

Only offer what you can afford to pay. It's a little late to hope for anything other than a suspended repo. order but still put your side across. The house was bought as a family home and you have other creditors that should also be considered.. young children ..schools..lack of alternative local housing ..need to be near elderly relatives ..any disabilities.

 

Top tips are to be respectful to the judge and speak only when spoken to. Make a very brief list of notes to refer to with your budget sheet. Ask questions and say if you don't understand anything or disagree on points of fact.

 

Then we can work on getting your other creditors off your back and getting your budget back on track. Perhaps even steer you through to getting the charges taken off your account with the FOS.

 

Don't forget you can use the Buddy System to find people that would be willing to go to court with you and offer some advice on the day.

[FireGuy]

HI All

 

Revised Budget sheet attached.

 

Thanks once again.

 

FGBudgetSheet(2).xls

[FireGuy]

Just a quick note to add, when i spoke to Capstone last week, i offered them a token payment of £200, their advisor (of which i do not have their name ) said that and i quote 'thats not even a mortgage payment, callback with what you can afford to pay before court hearing and do an I&E' but when my partner spoke to them yesterday, they said they have no record of this being said and that i was to call back and do a I&E 24hours, which i agreed to but after the call thought id better seek advise and did not.

 

Is this dodgy dealings or advisor incompetance (like i can talk) do we think?

[FireGuy]

Do you need help with the statement?

 

I would be grateful if you could.

 

Thanks

 

FG

[killylilly]

Fire,

 

I personally think you are paying your non priority debts far too much,pay £5 to each and pay the rest to your secured debt...

 

Anyone agree???

 

KillyL

[mkb]

I agree with Killy. £289 towards no-priority debts but only £100 towards mortgage arrears is the wrong way round! You need to reduce these & pay the difference towards the mortgage IMHO. OK, they won't like it but TOUGH - your home & family is whats important here!!

[vikster]

I agree with Killy. £289 towards no-priority debts but only £100 towards mortgage arrears is the wrong way round! You need to reduce these & pay the difference towards the mortgage IMHO. OK, they won't like it but TOUGH - your home & family is whats important here!!

 

Can i just change this without notifying the companies concerned, regardless of the situation?

[mkb]

I think you should write to them & tell them you can only pay £5 per month, especially to the debt collectors like Westcot etc. If it's a court order there's not much you can do about that without the courts permission but for DCA's, then go for it. They will huff & puff but thats too bad - your family unit & home HAS to come first

 

Have another go at your I & E then shout here again.

 

PS Are your childcare costs not more that £50 with 4 kids??

[gezwee]

Hi Vikster

 

I've had a play around with your budget sheet and come up with the attached.

 

I assume the arrears you quote included fees?

 

If you can stick to this budget........ should be very much within your means, you'll be arrears clear in a few months. As for the DCA's they'll whinge for a while, just remember not to bother talking to them on the phone - they'll just annoy the sh*t outa you.

 

BudgetSheet(2)[1].xls

 

At first glance it appears a large amount to be paying, but....... the sooner you've sorted this the sooner you can move onto those unsecured numpties and get yourself debt free and start living a little.

 

The only thing that concerns me is that you havent mentioned how old the kids are or how long you'll be in receipt of WTC? If its due to expire soon it'll put a big dent in your finances.

 

Have you prepared your statement yet?

 

Gez

[FireGuy]

Hi

 

Kids are 4, 9, 12 & 13

 

With regards to tax credits, with both of us working two jobs they are to under revenue anyway.

 

Sorted letters from second jobs.

 

Got budget together now, with points to be made with regards to this.

 

Statement to be drafted, stuggling with it to be honest

 

Fireguy & Vikster

[gezwee]

Stay on line and give Ell-enn a bump (red triangle) to see if you can get some help with that statement.

 

As for the WTC, thats a bit of a concern if its up for review so you need to think carefully now if you're confident of the value that will provide. Theres an online calculator for it somwhere on the tax credit site, we don't want you entering a budget sheet and repayment schedule if you have to tear it up again in a months time.

 

Gez

 

Found it........

 

http://www.hmrc.gov.uk/taxcredits/payments-entitlement/entitlement/question-how-much.htm

[Ell-enn]

Hi there, I'm working on your statement now, hang on - I'll be back shortly

[Ell-enn]

Quick question - do you have a statement showing the missed payments and monthly arrears charges?

[Ell-enn]

Hello ???

[Ell-enn]

I've affixed the statement and assumed you have the document showing arrears charges - if you don't them delete "please see Appendix 3, affixed".

 

You need to fill in the details where there are XXX's (remove the XXX's) you will get the info from the court papers for the ones at the top of the statement. You then just need to put your name where there are XXX's in the first paragraph.

 

On each of the documents you are affixing to the statement write the claim number on the top left hand corner and the corresponding Appendix number on the top right hand corner.

 

 

You should then have:

 

 

Statement

Appendix 1 – Letter re second job

Appendix 2 - Budget sheet

Appendix 3 - document showing arrears charges (if you have it)

 

 

Take a photocopy of all of that and assemble into three sets (one for the judge, one for the other side and one for yourself to refer to in the hearing. Staple each set securely.

 

 

When you get to the court ask the usher to give your documents to the judge. If they say they can't interrupt him, then you will need to give it to the judge in the hearing. As the mortgage company are bringing the action, the judge will speak to them first. When he comes to you, you need to say “Sir, may I give you an up to date statement” and hand it over as you speak.

 

 

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 when they are speaking!. The whole procedure should take no more than 5 or 10 minutes.

 

 

Any questions, just shout. If I have logged off by the time you read this I will be back on again from 8.30 in the morning.

 

Good Luck, stay positive.

 

Ell

Fireguy Statement for Court.doc

[FireGuy]

Ell-enn, i have all the information listed. Thank you v.much for your tme and effort with the letter.

[gezwee]

Good luck for tomorrow

 

Gez