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repossession hearing 23rd march can i fight ?


nicatki
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i have arrears of 4,497.00 the solictor seeking the repossession said its a formality i will just be going to be told a date when i have to leave , is this the case ?

 

i bought my house ex council using the right to buy at a 30 % discount , mortgage with gmac in nov 2007 all was well until oct 2008 , no arrears at this point , from then on i had a very difficult time i got into arrears , my partner at the time left the country , leaving me to answer the door to people he owed money to and was frightened of , that hed been taking the money out of my account with the cash card and hiding any evidence , i got into arrears at this point , i was working part time after having twins at christmas 2007 , gmac then sent a letter saying they had sold my mortgage to webb resolutions , and things went from bad to worse , where as gmac told me they had set up a direct debit , and hadnt , my bank said they hadnt , i told them every month when they tried to alter the date or the amount in order for it to work , that it hadnt been set up that my bank couldnt reinstate a cancelled direct debit , they insisted it was now set up and that i was being chrged £30 for each returned , sometimes 3 each month , even when i told them i was on the phone to the bank inside my bank and there was no direct debit , i asked for the charged amounts to be removed i was told someone would write to me , they didnt .

 

webb resolutions sent a an advisor to my house who was sympathetic given the state i was in and the fact i wasnt living beyond my means because i had sold most items to pay off the doorsteppers who were not interested i didnt know and it wasnt my debt and he didnt and hadnt ever lived here , he said his recommendation would be my arrears were capitalised so i no longer paid £50 each month because i was in arrears just the 15 they charge fo r not paying via direct debit , my monthly payment of £466 could be paid by standing order weekly at £111 pw

 

i paid this agreed amount each week as i was informed my house could be repossessed if i didnt starting on 04nov2009, after 3 weeks i was told they had nt had a payment i chased the bank who said they had paid and gave me the ref , webb resolutions never told me what the problem was o rthat they had found it ,

 

on the 15 th feb i was told by letter i hadnt paid in january and they were seeking repossession because i had failed to communicate despite phone calls and letter s , i had one call about paying something off the arrears now i was earning more , i was having a cast removed from my wrist at the time so she said she would call me back and fill out a expenditure form she didnt , no letters until after the solicitors letter with the date of the hearing , then i got one telling they hadnt been paid if i didnt contact them they would seek repossesion dated a month earlier but sent after they already had , my bank said they had sent the payments the only payment that had to be resent was on 31.01.09 but that had also gone through next time they tried ,

 

webb resolutions say that they recieved 6 payments of £111 all on the same day 20 th of feb when i told them theyd said i hadnt paid they said that was completely different then they had it but it hadnt gone into my mortgag e account this time they hadnt had it until it all arrived at once , my bank hsbc are less than useless and with £150 in charges each month could try and be a bit more helpful , so now i have told them their charges are partly responsible for my arrears and i want them back even if i have to go to court , gmac it turns out were refunding customers for their outrageous charges , they have never contacted me , so they are next on my list of claims , but i dont know where i stand with the mortgage now they are seeking repossesion , they are just fobbing me off until the hearing i feel , i asked for a breaak down of what i owe and was tol d th e solicitor would have sent one , i asked for a statement with dates on the chrages they said if i sent £20 i could get one , my son said he will get a mortgage not with webb and buy the house all of it or half of it if it stops me losing it , or he will keep a bedroom here even though he works away a lot and set up a direct debit to webb resolutions of £150 a month on top of my payment till the arrears are paid , would it make any difference ? does any one know if they will accept that ?

i offered a £100 a month to pay the arrears on top of my repayment i was told send wage slips showing wage increase which isnt a problem along with my bank statements , i have emailed over and over and will have to write to them asking which account does she want to see because i have to pay for copies i dont know if it s money coming in or my account i use to pay bill etc or what months she wants and soon it will be too late its like im being kept dangling till its court , i suffered badly with post natal depression i am completely well now for the last 6 months , but now i cant sleep or eat and i burst into tears and can feel myself start to have panics because i dont know i f im fighting a losing battle , if i have no chance of saving my house i wont risk my sanity flogging a dead horse but i feel like i should fight webb resolution are a nightmare i want to pay them off as quickly as i can because it costs me 65 a month to be in debt can i do any thing , can i ask the court to delay the hearing ? another 28 days and i will have most of the £4,497 from selling my personal items it just takes a while to recieve the payment on ebay would this help my case o rwill they take the house any way even if i pay all the arrears ?thank you for even bothering to read all this , i fell better for getting it off my chest .

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Hi nicatki.

 

Wow. So many things you need help on and so many complications! I will try to address a couple of them but my priority advice would be to get yourself to the CAB (Citizens Advice Bureau) fast.

 

As far as dealing with creditors is concerned, if you get the CAB to step in and help you, the calls and stuff will stop. They are obliged to deal with the CAB once you ask them to help and they take your case on; and I'm sure they will if you explain all of this to them.

 

Also as regards repossession hearings. Take heart. If you are trying to work your way out of it, cooperating and making payments, they probably won't get possession. It's possible that they may get a suspended possession order which means they can apply for possession if you don't make the agreed payments. And the courts are surprisingly supportive of people who are in trouble and trying as opposed to sticking their heads in the sand and trying to ignore serious financial problems.

 

The CAB should be able to help make sure you don't get bullied or scared into commiting to payments you can't actually make which virtually guarantees you losing your house eventually.

 

And you should try to get agreement to monthly payments. Knowing the banks, four or five payments is just more chance for one to get buggered up so think about that - even if you have to put the money weekly into a deposit account to make sure it doesn't get muddled with money for other purposes. The advisors will help you work thro the budget properly and make sure you know exactly what's coming in and going out and help get you agreements with the priority lenders to keep you in your home.

 

Whatever you do in the meantime, DO NOT let anyone else bully you into paying someone else's debts again. (No baliff can enter your premises and seize goods if you don't let him in so don't be intimidated - tell them to show you ID, write their details down, tell them the debtor does not and never has lived with you and that you will call the police if they don't leave your property and continue to harrass you. It's tantamount to demanding money with menaces!) Talk to the CAB advisors about getting that back if you can and making complaints about their behaviour.

 

I'm sorry you're having such a rough time of it but you appear to have options at this point so get the help you need and make sure if there are court hearings that you're there, prepared, with correspondence to show what you are doing and what you've offered, and show that you're getting help and seriously trying to sort yourself out and you will be surprised how helpful the judges can be.

 

Mine denied the other side's requests for another hearing to review the payments agreed, gave then only a suspended possession order to allow me to sell (which was what I wanted to do) and told the bank's solicitor to go back and tell his client that HIS court was not run to suit the bank's credit control department and that they should take the offer of payment and leave me alone rather than continue to make my life a misery! He then wished me luck and sent me on my way. I wanted to cheer! What a hero! ;)

 

Keep smiling... and make that appointment with the CAB now!

 

best

 

Js

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Welcome to CAG you are in the right place to get help

I am not that experienced about repossesions but have just fought off a company like Webb they are preying on people that dont know the law.

 

The first thing to know is that the judge will not give possesion if you are prepared to pay off the arrears they are stating and if you have the income to pay the monthly repayment, If you can put forward a proposal that you can pay £xxx now and the balance by ..... this will probably result in a suspended possesion order subject to you meeting the agreed terms

 

Can you get any advice from a solicitor/ CAB have you filed a defence??

 

Going by what you put here it seems to me that they havent followed pre court protocol and they are at fault for not taking your payments

Do you agree with the figures that make up the arrears

You need to send a subject access request (there are lots of templates if you look around the site ) to them this will cost you £10 and will give you all of the data they hold on you It wont arrive quickly enought to help with your defnce this time but it will help you to fight the charges and if you get an adjournment could really help to fight them off

You can file your defence statement only a few days before the hearing so I suggest you start reading up on here get lots of help

 

Stop worrying this wont help I am sure you wont lose your home going by what you ahve already posted

It isnt what Webb will accpet but what the courts will allow that is important they are misleading you and with your sons help too you will be ok

Help is here on this site read as much as you can and you will come out of it ok

 

Onlyme

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Hi there, you should most certainly fight the repossession claim! No judge will give possession to a lender if you are in a position to pay something towards the arrears each month.

 

Do you have the claim form from the court, it should contain a defence form for you to fill in and return. I can help you complete the form and draft a statement for Q.27 which is the important part.

 

I will look out for your posts on this thread and we can made a start.

 

Try not to worry too much (easily said, I know), I'm sure we can help :)

 

Ell-enn

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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thank you so much for the advice you gave me , i have already paid his debts off because they were personal ones to local thugs , i still have 2 windows held together by tape and clear film that i havent replaced yet, as a result of saying i wouldnt pay , still its done now i havent been bothered since i paid them all in august i think thats why the advisor was so nice, out of pity for my broken window s!

 

i had an agreement set up in november instead o fpaying 466 a month i paid 111 a week because they messed up recieving intial payments i assumed it was their fault this time , and told them so in a shouting match . not helping my case i know , the arears were to be capitalised i thought that was what the advisor said because it costs 50 a month if you have arrears i already pay 15 for no direct debit in place , i got a repossession order on the strength of not paying the agreed payments which i have left in the bank every week for this purpose now im told im not behind with this payment plan because they received 6 payments of 111 on the same day in feb , instead of january on a weekly basis , i phoned the solicitor to say i didnt think webb resolutions had been helpful or done all the could i think they have been looking fo r this exit all along , a few days later i got the booklet and other help agencys numbers in the postalong with a letter saying thye would START proceedings if i didnt contact them about the arrears it was date 1 month earlier than it arrived i didnt think to check the postmark at the time , now i have had aletter saying i didnt comminicate with them despite phone calls and letters it s not true they didnt send any and i had one phone call, i despise having to deal with them , ive since offered to pay 25 a week of the arrears but i only reduce my debt by 35 out of every 100 i pay which is why the advisor said capitalisation was most suitable , ive been crippled with child care costs 300 per child but its the only place i feel confident is safe and stimulating i looked at 11 places .

i can get 80% of child care cost up to 200 for 1 child or 80% of 300 for 2 . i have twins ! no allowance is made for having 2 born together ,

 

however webb are still stalling on the 25 a week offer telling me to send in 3 months bank statements and wage slips showing im earninng more then i was and they will do the expenditure form with me to see if i can afford it , they dont have the same reservations about sticking me with 65 per month just for being behind ,i keep asking which account money in or the one that pays out because i have to pay if i just want copies but again dragging their feet till its too late i suspect

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i havent filled in the defence yet i was considering my best chance of getting a postponement short of jumping in front of slow traffic,

 

i spoke to gmac about a refund this is more or less how it went

why havent i had a letter from you re this refund you are making ?

 

gmac , if you didnt get a letter we dont owe you anything

me ,but you do

gmac , well we must have knocked it off your balance

me i dont have an account with you any more

gmac ,right we knocked it off what you still owe us when your house was repossessed

me it hasnt been repossessed

gmac in that case you must have moved ?????

 

is it only me that has these conversations? because my friends think im making it up

 

cant catch cab open as yet .

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hi im sorry im not sure how to reply to messages on here but any help filling the form in would be great esp 27 which i didnt reaalise was the important one id really like to get an adjournment till after 5 april as i might get a bit of tax back and id like to pay off as much as i can before i get in court i am going to ask my bank, web resolution , and gmac for all the info i was told to ask for , i have a list of charges from gmac saying £30 for returned direct debit the one that they never managed to set up i have 4 charges for this , however this has dissappeared off the chearges the solicitor has sent to me , even though the amount hasnt changed , and webb resolutions althougth i was charged 100 for an advisor to visit i cant find it on the charges gmac still show their 100 charge but the 100 i was charged by webb for the next visit seems to have vanished and i have a payment that i made to webb resolutions on the telephone to pay my mortgage arrears as having been paid to CMM solutions does this matter ?

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Hi there, I can help you write a statement for Q.27 of the defence froms, but I am at work at the moment so it will need to be this evening if that's OK?

 

Do you have a recent statement from Wave showing the charges and the arrears?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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hi yes i have the one sent by the solicitor ,which is the total amounts and one from webb resolutions this one begins in july when webb bought the from gmac , i am better off i found out today if i work the minimum hours even though the pay isnt much because the child care costs are what is killing me i have twins who are just 3 the local authourity nursery the sure start one is £300.00 a week per child for a full time place i can claim £240 toward the total costs but it still leave s £360 a week to find !! if i worked 16 hours around the office for £120 i would get the part time places they have at a nearby nursery paid fo r and my neighbour would drop me off near my work place most days , but im afraid if i put i am earning £120 a week even though with tax credit im better off than earning £1800 a month the mortgage company will say i cant afford to buy my house , i am really dithering about putting anything down on paper .

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