Firstplus repossession hearing 15th December - advice/help please.

[pubman1]

Hi,

 

Some of the information here is included in my previous post but since we have now had a court date through I'd prefer to get some more specific advice rather than just trying to find out about the validity of the agreement. Mods - if you wish to remove the previous thread that's fine.

 

First of all I should say that we are not trying to dodge out of the loan, it's just that we cannot afford to repay at the moment due to a change in financial circumstances going back nearly 3 years. My battle here is to try to save our home any way I can.

 

Here are the numbers - The settelment figure to Firstplus is over 100K on a loan that was for 70K with PPI of 17K added to it. The arrears are 17K and we do not have this available to clear the arrears. There seems little point in trying to raise this from family (doubt that would be possible anyway) as we still would not be able to make the monthly payments (over £800). The main mortgage is paid up to date (got very lucky with a tracker 2 years ago). The value of the house would be around 130k at auction (we paid 145K) and the outstanding balance to the primary lender is £126K. As you can see once the main mortgae is settled from the auctioned house Firstplus would get next to nothing.

 

I currently have a complaint with the FOS for the mis-selling of the single premium PPI and have read elsewhere that as the precise amount of arrears cannot be established due to the PPI case a judge would not proceed, although I think this was only due to the FOS having told FP at the last minute to write off the PPI and re-write the loan without the PPI. The FOS case is probably 2 months from resolution and we only have 3 weeks. I have written to the court to ask for an adjournment pending the FOS complaint outcome.

 

My first aim is to get the hearing either adjourned or cancelled. I then also need to explore the validity of the credit agreement and FP's lack of communication or consideration of teh pre action protocol, more of which later.

 

Any ideas about first of all getting the hearing postponed?

 

Sorry for the lengthy post, so many questions, so little time

 

Pubman1

[garyca]

Any ideas about first of all getting the hearing postponed?

 

Hi you will need to fill in an N244 (Application Notice)

form to try and adjourn the hearing.

You can find one of these on the internet just google N244, you will have to fill it in while it is open and print it off,as you can not save it.

You will also have to give a reason why you want to adjourn.

There is also a cost involved.

You have right up untill the hearing to hand this in, but i would get in sooner rather than later.

 

Regards

[pubman1]

Thanks, has anyone experienced having a hearing postponed on the grounds that there is an outstanding claim with the FOS for mis-selling of PPI?

[pubman1]

Bump

[on*the*case]

Hi

Have you had a response from the court regarding your letter? If not then give the court office a ring. My suspicion is that you will need to make an application (N244) for an adjournment. Your grounds are that the arrears are disputed and that the refund of PPI will negate the arrears etc. FirstPlus may oppose this this.

If it does go to court on the 15th, then again state that the arrears are disputed, and will be negated by the PPI refund. The judge may adjourn, or he may give directions. The judge is unlikely to give possession at this stage while the arrears are disputed.

[pubman1]

Hi,

Thanks, no we have not had a reply from the court. I was aware of the N244 form but the court want £75 to process it - we would struggle to raise this but could if absolutely no alternative. Thanks for the reassurance that the judge is unlikely to give them possession at this stage. What is really annoying is that both Firstplus and Eversheds know full well the situation, and knew well before the court date was set.

 

Should I contact the FOS to get them to fast track the claim on the PPI? That way I could show the judge what the arrears should be. Or should I let the FOS take their time and rely on the judge adjourning. And what do you mean by "he may give directions"?

[pubman1]

I have just been to the court and they have received our letter. They only processed it on Monday 30.11. They say that it usually takes a few days to process so we should hear at the end of this week or beginning of next.

 

In the meantime any further advice / help welcome as getting a bit anxious about this now

 

Thanks,

 

pubman1

[pubman1]

Just been to the court and the judge has considered my letter. They have decided to continue with the hearing and consider the points I raised at the hearing. I need a cast iron argument to have the possession hearing adjourned - what will I need to take with me?

[on*the*case]

Right.

On the 15th have ready evidence regarding the disputed arrears and evidence that the FOS is dealing with your complaint over PPI. If possible get confirmation of any timescale from the FOS, explain the urgent position.

 

The Judge (and it may be a different one) could, if you give good evidence from the FOS, adjourn to give that time to run its course.

More likely he will 'give directions' for trial. That means he will give dates for evidence disclosure trial bundle etc these will be in January.

[pubman1]

Thanks,

 

If he (or She) gives directions for trial - what exactly does that mean? What is a disclosure trial bundle? The most recent letter I have from FOS was about three weeks ago and says that they aim to have a result in 2 months at the latest.

[pubman1]

Bump

[Ell-enn]

As the judge wishes to proceed with the hearing you should take a witness statement with you detailing your case.

 

If you need help with constructing a witness statement let me know and I'll let you have a template.

 

Ell

[pubman1]

Thanks Ellen, I will need some help with this. They also sent defence form N11M. Will we need to complete these as well?

[Ell-enn]

Not much point in completing the N11M as it should really be lodged at court at least 7 days before the hearing. You can take a witness statement and budget sheet (I have affixed one for you to use) with you on the day, together with any other documentation you think relevant.

 

I need to log off now as I am up early in the morning, but will post on here tomorrow with a draft statement for you.

 

Ell

[pubman1]

Thanks, I will wait for the statement and take it from there. Will not submitting the N11M been seen as a bad reflection on us?

[on*the*case]

..... Will not submitting the N11M been seen as a bad reflection on us?

 

No, you will have your witness statement and budget etc. District Judges generally give Litigants in Person a degree of slack, though dont push it.

[pubman1]

On the case - thanks. By the way, on your previous post you mentioned "More likely he will 'give directions' for trial. That means he will give dates for evidence disclosure trial bundle etc these will be in January."

 

What exactly does this mean and what is an evidence disclosure trial bundle?

[on*the*case]

......What exactly does this mean and what is an evidence disclosure trial bundle?

 

Sorry, proper punctuation required. Should read; evidence, disclosures and trial bundle.

Once a claim goes to trial there are opportunities under the Civil Procedure Rules to obtain various disclosures from the other side to support your evidence and case. This is made up into a 'trial bundle', a file that each side will use. The 'directions' will generally be about the timings for disclosure and delivery of the trial bundle. Plenty of postings and help on various threads about this process and the Civil Procedure Rules (CPR).

[Ell-enn]

Hi there, I have affixed a draft statement. You can add any further detail you think necessary.

 

On any Appendices you attach you need to write the claim number and Appendix number at the top of them.

 

You will need 3 copies of the statement and appendices. One for the judge, one for the other side's rep in court and one for yourself to refer to in the hearing.

 

Hope this helps, any questions just shout.

 

Ell-enn

Budget Sheet.xls

Statement Template.doc

[pubman1]

Thank you Ell-enn. I assume that when you refer to appendices that means anything I intend to use, for example letters from the FOS, the statement, property valuation etc. how much evidence should I take - is there a limit?

[Ell-enn]

Hi, there's no limit to the amount of information you provide, however don't overload the statement or the judge may not read all of it. Keep each point concise and refer to whatever you are attaching as evidence by Appendix number and ensure you mark the documents with the correct appendix number.

 

If you have quite a lot of evidence to support your statement, it might be a good idea for you to take a copy into the court on Monday and ask for it to be put in the file for the judge to read before the hearing (but still take 3 sets with you on the day in case anything goes wrong).

[pubman1]

I will definately take to the court on Monday - I think that anything I do proactively should count in my favour. I am having difficulty opening the statement as this PC runs on Vista so doesn't have microsoft word. i'll print 4 copies at work tomorrow and if I have any questions I'll let you know. We have visitors this weekend so it will be difficult to deal with this while they are here. I'll be able to get back on here Saturday evening. Will you be around for advice if needed?

[Ell-enn]

I'll be around on the forum all weekend and will respond to your posts

[jansus]

Just wanted to say best of luck for Monday.

[jansus]

http://www.consumeractiongroup.co.uk/forum/repossessions/162867-blackhorse-long-story.html

 

dont know if there is anything on this thread that might help?