Repossession hearing

[heaven72]

I have a repossession hearing tomorrow has I have fallen into about £2,000 with my secured loan. I have come to an agreement to pay an extra £100 per month but said it still has to go to court. I have also fallen into about £2,000 arrears with my mortgage who have not started any proceedings yet.

 

Dont know what to do or wat happens at the court hearing tomorrow. Had a bad few months suffering from depression and seeing a counsellor now to help me, my husband has left me and there is just me paying my bills, is it likely the Judge will issue an eviction order

[colinsunderland]

Hopefully Ell-enn will be along soon to help, but until she does she's likely to ask what are they going for? Is it a suspended possession order or outright possession? Is this the first time in court?

Have you filled your defence forms in, or taken a statement into court?

Have you completed a budget sheet? If not theres one here you can fill in ready for court.

 

Sorry I can't help much more as I'm going through the same thing (in court in a few hours), but Ell-enn was a great help.

 

Once this is sorted out you will also need to talk to your building society about the mortgage arrears too and try to come to some arrangement about teh arrears on those before it ends up the same way.

[heaven72]

It is the first time in court I did not fill in the defence form. They are saying I hadn't paid since nov but i got a bank statement showing i paid in december

[Ell-enn]

Hi there, firstly who are the lenders? and secondly have they accepted your offer to pay £100 towards in writing?

 

You say you haven't returned the defence forms? you need to let the court know that what they are saying about your payments is wrong. If you have a bank statement showing you have made a payment in December then their claim is wrong. Do you have an up to date statement from the lender - dies the arrears amount they are claiming include charges for being in arrears?

 

I can help you with a document to take to court tomorrow to hand to the judge, just let me know and I'll get onto it.

 

Also, don't be afraid of the court hearing - it's not like the courts shown on telly - there''s no barristers in wigs or anything like that. The hearing will be in a private room with just you, the judge and a rep for the lender and you will be sat round a table (like a meeting). The judges are usually very good at putting you at your ease and will be understanding of your situation.

[heaven72]

Hi the lender is Blemain Finance who are only interesting in repossessing dont want to help. I told them I could afford to pay £100 on top of my payments and after doing a budget sheet over phone told me I could pay £150 on top of monthly payment and said I had to pay that. They have not sent anything in writing.

 

They have not sent any upto date statement they sent a payment list to court saying i paid on 14 November and nothing since. I have a bank statement for November and December showing payments going to them.

 

What sort of document do I need to hand to Judge. If I have about £120 left over after doing budget sheet will Judge make me pay more.

[Ell-enn]

If you can only afford £100 on top of your monthly payment then that is all you should offer. I have affixed the budget sheet we use for court - remember when filling it in that the amount you are offering towards the arrears each month is the amount left over after everything else has been accounted for.

 

Blemain can ask for any amount they like, but a judge will not ask you to pay any more than you can afford. Lenders always ask for high payments, but they don't get them allowed when it goes to court!

 

Do you have a printer? and are you able to take copies of documents? I can affix a document for you to take to the hearing, just need some info?

 

Is the mortgage in joint names?

Do you have any children?

How many months in arrears are you?

 

You will need a copy of the bank statement showing the payments you made in November and December - how did you make the payments?

Budget Sheet.xls

[heaven72]

The mortgage is just in my name and I have two children. I am 4 months in arrears.

[Ell-enn]

Do you have a printer and can you take copies?

[Ell-enn]

I have drafted a document for you to take to court and it is affixed. Print it off and sign it. You need to attach your budget sheet (write Appendix 1 at the top).

 

On your bank statement circle in pen the payments you want to prove you made and write Appendix 2 at the top.

 

The statement I have affixed and the two Appendices form the pack you will hand to the judge. You will need two further photocopies, one for the other side's rep and one for yourself to refer to in the hearing.

 

When you get to court ask the court usher if they can give your pack to the judge, if they say it's too late as he is already in the hearing room, you will have to give it to him in your hearing. Wait until he has finished his introduction at the beginning of the hearing and say "Sir/Madam - may I give you an up to date statement" and just hand it over.

 

Any questions, just shout.

Heaven72 Statement.doc