Repossession Hearing received today- Help please.

[Faded-rose]

I have been reading the threads on this subject for a while and have been heartened by the responses made to people. We received a Solicitors letter last week and due to the action with royal mail I emailed a reply to state they had omitted to include a financial form they referred to and as indicated in my email followed this up with a recorded delivery letter (received and I have printed off the signature receipt). I know my email was 'read' but yesterday, when I got home form work, we had received a letter from them stating we had not been in touch therefore they were recommending applying for repossession. This letter was dated the day after the email was sent and noted as 'read'. We also sent a letter via Special Delivery yesterday to the lender pointing out that they hadn't replied to our letter sent in August stating our position and asking for advice. We also made, in this recent letter, an offer of the ongoing payment and a small monthly addition towards the arrears. Today I have come home to letters giving a date for a court hearing. Although the lender won't have received our letter until today and we have done wrong by being in this position, I am astounded by the way they (lender/solicitor?) have ignored what has clearly been received and constitutes 'response and contact' as far as I can see. I logged on nearly an hour ago but am so distressed it's taken me this long to find out how to start a thread! I would be grateful for any help with this. Please. In addition I am sure I read via one of the posts yesterday (can't find it now) that the Council for Mortgage Lenders (called something like that) lays down what is acceptable in terms of days allowed when waiting for replies from borrowers etc. Could be wrong but if anyone can point me in that direction also I would be grateful.

[Ell-enn]

Hi there, if you can give a bit more information we can advise further.

 

1.Firstly, what date is the hearing?

2.Are you in employment?

3.Is the mortgage in joint names?

4.Are there any children in the home?

5.How many months in arrears are you?

6.Are you able to pay extra each month towards the arrears in addition to the normal monthly payment?

 

I'm assuming you have received Claim for Possession papers from the court? if so, there will be a N11M defence form with them which you need to return to the court. Q.27 of that form is the most important part and I can help you with a statement for that.

 

If you can answer the above questions, we can see what is needed to be done.

[Faded-rose]

Hi Ell-enn

 

Thank you so much for your response. I 'gabbled on a bit' didn't I, probably about the stuff that doesn't matter.

 

1. The date of the hearing is 9 Dec.

2. Both hubby and I are in employment.

3. The mortgage is in joint names.

4. We have a 17 year old at home in full-time education.

5. I need to look at the paperwork to be sure but it would total about 7 months out of the past 15.

6. We can pay a small amount in addition to what is needed but will use the budget sheet I have seen you recommend others use to work out fully.

 

Have decided to put the house on the market because it is too big for us now anyway and just draining us....plan on informing the lender of this....but know this might not help.

 

Yes that is what we have rec'd - thank you.

 

Thank you again for responding... you don't know how much that means Ell-enn.

[Ell-enn]

Hi there, when you have completed the budget sheet and worked out how much you can afford to pay towards the arrears each month, you should send a letter to the lender asking them to accept your offer of payment. They may accept and cancel the hearing. If they don't then it will look good in your defence that you have tried to come to an arrangement with them. Also, if you can make payment between now and the hearing it will also go in your favour.

 

I'm happy to draft the letter for you, just let me know

 

You have plenty of time before you need to send in the N11M defence form, so in the meantime if you are sure you want to sell the house, get a valuation done so you can use that at the hearing if need be. Obviously it would be best if you could get a payment arrangement then you can sell the house at your own pace, rather than inform the lender and court that you want to sell.

 

Try not to worry too much, let's see what response you get to the letter. You really need to send it early next week and by special delivery given the postal strikes.

 

Ell

[Faded-rose]

Thanks Ell-enn

 

I will do and might need your help with the letter but will let you know - thank you.

 

We will be making the full payment on the mortgage at the end of this month and again at the end of Nov etc..

 

We intend to contact estate agents asap and get on with a valuation etc.

 

Being in a position such as this seems so lonely but this site is truly a lifeline. As soon as I can afford it I will repay the support by making a donation.

 

Thank you.

[Ell-enn]

Hi there, I have affixed a draft letter for you in case you need it. You just need to fill in the info regarding the reason for the arrears - don't go into too much detail - and the amount you can afford to pay towards the arrears. What was the reason for the arrears? - can you let me know before you post the letter please.

 

Enclose the budget sheet (staple it to the letter) and make sure it has your name and mortgage account number on it.

 

Keep a copy of both the letter and the budget sheet together with the special delivery receipt. A few days after posting print off the signature receipt from the royalmail website and keep safe with the copy letter etc. you may have to prove that you wrote and that they received it!

 

Ell

[jansus]

Hi you are doing all the right things. Facing up to the situation is half the battle. At the moment the courts are definitely on the side of the borrower so as long as you pay as much as you can afford and market the property if you feel that is the best thing to do you should be ok.

 

Hopefully it will sell and you may be in a smaller property but in the long term probably a lot happier and more relaxed.

 

I love my house but we call it the money pit because the bills and any improvements are big bucks - and I often wonder if we did the right thing by moving. Hopefully things will work out for you.

 

Keep posting and let us know how you get on.

[jansus]

By the way who is your lender?

 

Have they been charging you for just being in arrears?

[Faded-rose]

Thank you Ell-enn and jansus

 

I haven't been on-line since the 28th because I had a bit of a 'wobble' and I was certainly then not facing up to the situation - hiding away and wantd to walk away, but have got through that now. Sorry - it seems so rude when you have responded to me and hope I haven't caused offence.

 

I am on course to send the letter plus financial statement to the lender tomorrow via special delivery. I don't know how to access the draft letter you have compiled for me Ell-enn. Its possibly me because my thinking is a bit 'foggy' and I have only basic IT skills. Arrears arose due to serious illness then death of a parent (just took our time up, daily emotional impact etc and 'took my eye off the ball', got behind etc then elder child had an accident, lost job and became dependent with months occurring before any benefit paid to and this impacted upon an already struggling financial situation).

 

The lender is l/tsb. Will check the arrears to see if they have included charges.

 

Received another letter stating that - 'There is a possiblity that an arrangement can be made to clear the arrears on your account we would seek to have any arrrangement secured under a suspended court order together with a money judgement for the o/s balance..... please note that we would not seek to enforce the money judgement provided the terms of the suspended order are adhered to.'

So looks like the hearing will proceed?

 

Thank you again - really grateful.

 

Faded-rose

[Ell-enn]

Hi there, the letter did not affix to the previous post - it is affixed now (just click on it and it should open). You need to enter the amount you are paying towards the arrears where there are XXX's (remove the XX's).

 

Remember to send by recorded delivery and keep a copy as in my previous post.

[Faded-rose]

Hi Ell-enn

 

Thanks for your prompt reply. I can't find the letter you've attached. Is it something I'm doing wrong?

[Ell-enn]

Hi there, sorry - don't know what's happening with the attachments, hope it's there now.

Fadedrose letter.doc

[Faded-rose]

Hi Ell-enn

 

Thank you. I've opened the letter and have printed it off for use. Really appreciate your help with this.

[Faded-rose]

Hi Ell-enn

 

I sent off a letter to the lender via Special Delivery on 27/10 with an offer and then the letter you kindly drafted for me, together with a completed budget sheet with confirmation of the offer, via 1st class Recorded Delivery on 3 Nov but, according to the RM tracking service, neither have been delivered yet. Neither has my cheque for the end of Oct payment (plus arrears). Must be a bottleneck of mail to be delivered in that area due to the recent action but panicking and don't know what to do. Any advice would be really appreciated.

Felt positive when I did all of that but feel desperate now.

[citizenB]

Site team have received your request for assistance.

 

Someone will be along as soon as they can.

[Faded-rose]

Thank you.

[jansus]

Would it be possible to go into a local branch with copy letters and explain the situation regarding the post and ask them to email the relevant letters and budget sheets to the relevant department? Or call the arrears department and ask for an email address or fax number?

 

If the cheque has not been cashed I am not sure what to suggest unless you can again pay at your local branch and get a receipt?

 

Did you send a copy of your offer to the solicitor involved in the hearing?

[jansus]

0800 3894 020

 

Is this the number you normally call?

 

This is for LTSB customers already in arrears.

 

I think you need to speak to them. Dont get in a long conversation.

 

Just say you have made an offer - you want them to see it in writing and consider it.

 

Please can they give you an email address ( or fax number if you have access to one0 that you can send the details - also explain about the cheque - is it a lloyds one? if so ask if they can cancel it and then you can pay over the phone?

[Faded-rose]

Hi Jansus

 

Thank you for your help and suggestions. Really appreciated.

 

We finally got a reply from them after having all letters etc couriered to their HQ. They have accepted the offer and going for suspended-repo. Need help with the Form that has to go to Court together with the fee.

 

Sorry I haven't been on-line since yesterday - probs with the comp but sorted now.

[jansus]

ell-enn is the person to help you with your statement.

sounds like it will be short and sweet - they just want some back up in case you default on the arrangement

 

send Ell-enn a pm if she misses your thread.

[Faded-rose]

Ell-enn has been a real help so far.

 

Thank you again for replying (gives me hope) and for your suggestions. This is a super site.

[Ell-enn]

Hi there, affixed is your statement to go with the N11M form.

 

You need to get it to court asap.

 

Also, don't forget to take a photocopy of the form and statement before you take it to the court.

 

Any questions, just shout

Faded Rose Statement.doc

[Faded-rose]

HI Ell-enn

 

Thank you so much for this. I will post it via Special Delivery today so they should receive it tomorrow. I will take copies of all submitted.

 

I couldn't see a date on the accompanying letter or the Form as to when it had to be at the Court by...... have we caused ourselves more problems as the Hearing is the 9 Dec?

[Ell-enn]

Hi, - I've just noticed that I have referred to the lenders acceptance letter as Appendix 2 in the statement - it should be Appendix 1 - sorry

 

You need to write the claim number on the top left hand corner of that letter and Appendix 1 on the top right hand corner.

 

Usually the forms have to be in court 14 days before the hearing. However, most courts will accept up to 7 days before - so if they get it tomorrow (2nd) it'll be OK.

 

I'm away from tomorrow until Friday, but will check in with you at the weekend to see if all OK.

 

Ell

[Faded-rose]

Thank you.