Susspended repo now eviction??***WON***

[Ell-enn]

You're working on the assumption that the hearing will take some time - it won't - 5 to 10 minutes at the most. You won't have time to say a lot, you will be relying on the contents of your N244.

 

As it's your application for a hearing the judge will speak to you first - don't interrupt him under any circumstances ! Speak only when you are spoken to and keep it brief and to the point, don't ramble. Stay calm no matter what the other side are saying to the judge and again, don't interrupt! just act as normal as possible, no attitude or aggression - remember you are in a vulnerable situation.

 

It might be a good idea to take an up to date statement with you to hand to the judge showing the fact that your payments have now reduced, but of they have reduced by £200 then the judge would expect you to pay the full £200 towards the arrears. Do you have a letter from NR confirming the reduction in payment?

 

If you've got a thousand pounds ready to pay then you need to either pay it now or take it with you to the hearing and tell the judge you've got it.

[Mr Worried]

You're working on the assumption that the hearing will take some time - it won't - 5 to 10 minutes at the most. You won't have time to say a lot, you will be relying on the contents of your N244.

 

As it's your application for a hearing the judge will speak to you first - don't interrupt him under any circumstances ! Speak only when you are spoken to and keep it brief and to the point, don't ramble. Stay calm no matter what the other side are saying to the judge and again, don't interrupt! just act as normal as possible, no attitude or aggression - remember you are in a vulnerable situation.

 

It might be a good idea to take an up to date statement with you to hand to the judge showing the fact that your payments have now reduced, but of they have reduced by £200 then the judge would expect you to pay the full £200 towards the arrears. Do you have a letter from NR confirming the reduction in payment?

 

Hi Ell-enn

 

Thanks for the reply, I only spoke to NR and they advised me what they will do to help ie ( £200.00 ) reduction, I asked for that offer in writing.

 

God I am nervous now, I have dreamt of the judge saying, sorry son but your out..crazy eh?

[Ell-enn]

When did you speak to NR? do you think you'll get the letter before the hearing?

 

If they have offered to reduce your payments to help you then it is unlikely that they will press for eviction.

 

Let me know tomorrow if you have the letter and we can write a supplementary statement for you to give the judge.

 

I'm confident you will be ok:)

[Mr Worried]

When did you speak to NR? do you think you'll get the letter before the hearing?

 

If they have offered to reduce your payments to help you then it is unlikely that they will press for eviction.

 

Let me know tomorrow if you have the letter and we can write a supplementary statement for you to give the judge.

 

I'm confident you will be ok:)

 

Northern Rock are the main partie in this, main lender ' mortgage .' Future are pressing eviction re suss repo.

 

NR dont know what future are up to, it was by chance today that I spoke to NR and they hinted a £200.00 reduction for a year ( interest only ).

 

I asked NR what would happen if Future would go for eviction and they said, ' we would have first charge' and they'd get nothing????

 

Mr W

Edited July 21, 2010 by Mr Worried
typo

[Ell-enn]

Sorry my mistake. However, that still works well for you - if your main mortgage lender is willing to help you by reducing your payments then that will show the judge they have confidence in you.

[Mr Worried]

Sorry my mistake. However, that still works well for you - if your main mortgage lender is willing to help you by reducing your payments then that will show the judge they have confidence in you.

 

Sorry Ell, felt guilty about pointing that out, what if I dont get NR offer in writing, do you think I am doomed?

 

Will he give me more time to ' clear my home ' or will he say you had enough notice,

 

Mr W

[Ell-enn]

Have you got your email back yet? if so, and the letter doesn't come from NR tomorrow, ring them and ask if they will email it to you.

 

Try to stay positive - deal with things as they happen, don't dwell too much on the negatives. I know it's a hard time at the moment but try to think of how relieved you will be when it's over

[Mr Worried]

Have you got your email back yet? if so, and the letter doesn't come from NR tomorrow, ring them and ask if they will email it to you.

 

Try to stay positive - deal with things as they happen, don't dwell too much on the negatives. I know it's a hard time at the moment but try to think of how relieved you will be when it's over

Cheers Ell, I shall try to stay positive, will speak tommorow.

 

Mr W

[caro]

Hi Mr W.

 

Just wondering if you have much (or any) equity in your house.

 

If the house were to be sold, do you think that there would be enough to pay back Future after NR get their money.

[Mr Worried]

Hi Mr W.

 

Just wondering if you have much (or any) equity in your house.

 

If the house were to be sold, do you think that there would be enough to pay back Future after NR get their money.

 

Morning caro

 

Well when I add up the unenforceable cc's and crap dca's are chasing, then NO there would be nothing left, not much equity at all.

 

Over the last few days I have been thinking of ' Handing the keys back ' and let them sell it at auction blah blah but I would need to know the complications of that first.

 

I really hope the judge lets us stay in our home, so then I can at least prepare myself for the next step, which would to take advice on my comment above, there are lots of things I want to look into and I am awaiting a sar from Future too.

 

Without trying to sound negative, I deplore were I live because we have scummy neighbours ( no disrespect to them ) but over the last 2 yr the council have moved in the trash they had to shift from other areas, we have four fammilies within 120 metres of our home and they are **** not a nice word, but its true.

 

I would rather move from the area ( easier said than done ) I know! and give myself and O H and kids a better quality of living, I am no way pompeous but the feedback we have had from prospective purchasers was really negative toward the area and some of them new about the neighbours, so in a nutshell, what decent mature adults are gonna buy my home?? not the one's that have any common sense, as like before, once they research the **** close by then they run to the hills.

 

Sorry for bleating on, the answer to your question is in the above somewhere.

 

I sound negative dont I..

 

Mr W

Edited July 22, 2010 by Mr Worried
Typo

[Ell-enn]

Have you considered the government mortgage rescue scheme - the local authority buy your home and rent it back to you. That might give you a route to exit the area once your are renting rather than waiting to sell the property.

 

Mortgage Rescue Scheme - Housing - Communities and Local Government

[Mr Worried]

Have you considered the government mortgage rescue scheme - the local authority buy your home and rent it back to you. That might give you a route to exit the area once your are renting rather than waiting to sell the property.

 

Mortgage Rescue Scheme - Housing - Communities and Local Government

 

Hi Ell-en

 

I have just returned from work, and I have a few questions but my bones are aching so I will bathe first then return to seek advise and support for tommorows hearing.

 

Mr W

[Mr Worried]

Hi All

 

I am all ready for tommorows hearing, albiet a little nervous, can the following answers be answered please.

 

Ell -enn...Depending on the outcome of tommorow, I will enquire about the Mortgage Rescue Scheme, Thank you.

 

If it go's against me tommorow, can I appeal? or will I have to vacate by Tuesday as per the eviction date.

 

Can I ask for more time to vacate as it was my intention to defend said action.?

 

Can the Judge ' do as he pleases ? ie award to the claiment even though the defence tells a story of compliance and payments.

 

Ell-enn, The contract of work which I have as part of the defence, I believe will play a big part in my fate, today I have recieved notification of more work, ( paperwork in post ) in my possesion, should I take this along too and submit or show as an additional defence?

 

There maybe other questions but at the moment I have none.

 

Mr W

[Ell-enn]

Hi All

 

I am all ready for tommorows hearing, albiet a little nervous, can the following answers be answered please.

 

Ell -enn...Depending on the outcome of tommorow, I will enquire about the Mortgage Rescue Scheme, Thank you.

 

If it go's against me tommorow, can I appeal? or will I have to vacate by Tuesday as per the eviction date. In the very unlikely event that the judge orders eviction, you should say "Sir (or Madam" may I have leave to appeal.

 

Can I ask for more time to vacate as it was my intention to defend said action.? not sure what you mean, but if the judge orders eviction, your first response is as above and add the request to remain in the property until after the appeal is heard.

 

Can the Judge ' do as he pleases ? ie award to the claiment even though the defence tells a story of compliance and payments. The judge has the final decision, however you will find that in the main they are very fair and don't like to take people's houses away except in serious circumstances (which is not your situation).

 

Ell-enn, The contract of work which I have as part of the defence, I believe will play a big part in my fate, today I have recieved notification of more work, ( paperwork in post ) in my possesion, should I take this along too and submit or show as an additional defence? Yes, most definitely take that along (keep a copy). When the judge has finished addressing you at the beginning of the hearing you should say "Sir (or madam), I have received a further contract of work which further stregthens our ability to pay the arrears.

 

There maybe other questions but at the moment I have none.

 

Mr W

 

Did you get the letter from NR re the payments being reduced?

 

Try to stay positive and get some rest tonight.

[Mr Worried]

Did you get the letter from NR re the payments being reduced?

 

Try to stay positive and get some rest tonight.

 

gR8 gR8 Ell-enn thanks for the quick response,

 

Really! do you think I will remain in my home, even though Future said they want all arrears or your ' out '?

 

Just trying to get some positive vibes, I actually feel ok, however I get pics of my kids asking ' why are we moving ' god what a whimp I am eh.

 

Will try to sleep soon, just flicking through forum offering my advise n support to newbies etc.

 

Mr W

[Ell-enn]

Future can say what they like ! but it's not their decision, it's the judge's and as I said they don't like taking people's houses away unless there's no hope of payments being made.

 

Did you get the letter from NR about the reduced payments ?

[caro]

Positive vibes coming from me Mr W.

 

Your kids have got a brilliant dad and I'm sure they're very proud of you.

 

Brilliant news about the new contract.

[Mr Worried]

Future can say what they like ! but it's not their decision, it's the judge's and as I said they don't like taking people's houses away unless there's no hope of payments being made.

 

Did you get the letter from NR about the reduced payments ?

 

Oh no I never, I did call them and ask for the offer to be mailed, but I dont have it, I have comms from them re going on interest only etc, but nothing up to date,

 

Can I not call him her ..your honour, ? When he allows me to speak/ defend, how do I start without sounding balshy or rehearsed.

 

Mr W

[Mr Worried]

Positive vibes coming from me Mr W.

 

Your kids have got a brilliant dad and I'm sure they're very proud of you.

 

Brilliant news about the new contract.

 

Ah Thanks caro, thats nice.

 

Mr W

[Ell-enn]

 

As it's your application for a hearing the judge will speak to you first - don't interrupt him under any circumstances ! Speak only when you are spoken to and keep it brief and to the point, don't ramble. Stay calm no matter what the other side are saying to the judge and again, don't interrupt! just act as normal as possible, no attitude or aggression - remember you are in a vulnerable situation so- don't get on the wrong side of the judge by acting as if you're in a scene from Crown Court lol

.

I thought you'd been to a hearing before??

 

You're not in a crown court Mr W so the judge is just called sir or madam. The hearing will be held in a private room with just you, the judge and the other side's rep, there is no public admittance. You don't stand up to "defend" - the judge will ask you questions, just answer honestly. Judges usually understand that you are nervous and will guide you through the process. Don't try and picture the scene before you get there, just deal with things as they happen. You'll be fine, honestly

Just make sure you come back on here and tell us the good news asap.

 

Ellx

[Mr Worried]

I thought you'd been to a hearing before??

 

You're not in a crown court Mr W so the judge is just called sir or madam. The hearing will be held in a private room with just you, the judge and the other side's rep, there is no public admittance. You don't stand up to "defend" - the judge will ask you questions, just answer honestly. Judges usually understand that you are nervous and will guide you through the process. Don't try and picture the scene before you get there, just deal with things as they happen. You'll be fine, honestly

Just make sure you come back on here and tell us the good news asap.

 

Ellx

 

OK cheers for that I will speak to you all as soon as I can after the event.

 

Cheers and Goodnight

 

Mr W

[Mr Worried]

Hi To All

 

WON WON WON WON WON WON WON WON WON WON WON

 

I GOT THE EVICTION SUSSPENDED

 

I went to court on time and met the claiments solicitor, she had a chat with me saying we want you out blah blah, I retaliated saying thats not your decision, its up to the judge.

 

We went in the room...

 

He started by asking for a potted history, and then asked if I was here to ask for more time to ' pack up and go ' I said NO I am here to defend the eviction, and went on with my reasons why I should not be evicted.

 

Judge asked if I had any monies to pay I said £1000.00. he then done some figures and this was his closing speech..

 

SUSSPENDED! pay £70.00 per month off arrears and good luck blah blah. Futures solicitor said what about the £1000.00, he replied I am not compelling that amount nor is it in the 'order' to pay.

 

When we left the room the solicitor said, are you gonna pay that £1000.00, I said no chance am off to celebrate with it ( not really )

she was not amused.

 

So a massive VICTORY for the CAGERS and Mr Mrs Worried.

 

Thanks to all of you for your help and support, and especially Ell whom kept me calm and basically saved my life and home.

 

Words cannot thank you all enough.

 

I am of to work now ( half a shift ) and am gonna have a glass of chablis tonight.

 

Mr W

[MARTIN3030]

Excellent:)

[sillygirl1]

Congratulations ... now go forall those additional charges Future will chuck in, not to mention the additional interest they will try to charge.... (Ive seen this done to a colleague at work, whilst in arrears they tried to charge 3% a month extra interest as well as other charges... he got that thrown out in court).

[Mr Worried]

Congratulations ... now go forall those additional charges Future will chuck in, not to mention the additional interest they will try to charge.... (Ive seen this done to a colleague at work, whilst in arrears they tried to charge 3% a month extra interest as well as other charges... he got that thrown out in court).

 

Hi Silly

 

I intend to do as you suggest, as I have sent A DSAR to Future so I will post up ASAP.

 

Thanks

 

Mr W