Abbey - not looking good

[newstarter]

No worries any probs,just get back to the forum,we are all here to help

[newstarter]

Sorry if this seems rude but i have just had a thought,can i ask what age you are?

[Massamum]

nearly 50

[newstarter]

right,im not too sure about this but have you thought about equity release as an option? Sorry forget that startting age for this is 55

Edited December 27, 2010 by newstarter
wrong info

[Laura Cooke]

Sorry to but in here but was told by my Auntie that her husband requested a 2 year repayment holiday whilst he had a serious illness I have read this on the internet can nayone comment on this?

[Massamum]

Hi Laura, thanks for that but I checked that one out a few months ago. I spoke to someone at Abbey who told me I should've been offered a "stay" on payments because a party to the mortgage had passed away - unfortunately when they checked they said I would have to clear the arrears before they could do it, I have absolutely no money so wasn't an option either

[Laura Cooke]

I have been offered a stay of 3 months on my sisters mortgage she died in August she as 3 sons house is already up for sale plenty of equity in it then someone mentioned you can request a 2 year holiday from payments this would be great for me as 2 of the boys at uni and come home to stay like they have done this Christmas probate as just been sorted the mortgage as 3 months arrears which I can pay off so hope I can get the repayment holiday till the house sells hope someone can come up with a solution for you it`s so difficult and worrying

[Massamum]

Thanks Laura. So sorry to hear of your loss, I hope you’re successful with the two year payment holiday - being up-to-date with payments will put you in good stead I’m sure and it will lift a huge weight from your shoulders if granted. Its hard enough dealing with grief without the added worry of repo as well.

[Laura Cooke]

I find it humbling that you can consider my dilemma whilst you are suffering your self my nephews deserve a break, the executor was took to court for posing as a solicior and he wasn`t one been an ordeal I have had to deal with probate as my nephews not in the area. The boys lost their dad 6 years ago he was 49 and my sister was 49 it`s been devestating I have not had time to grieve trying to take burdens off my nephews one is only 15 life is so cruel my sister was a diamond kind, always had a smile and a hard worker she adored her sons

[Massamum]

Likewise Laura. It certainly does sound a complete nightmare but you sound a very strong person and I’m sure your sister would be so proud of you looking after her sons’ interests and working so hard to make things right for them. Lets hope you get a break in all of this soon so that you can grieve. Life can be very cruel indeed.

[Massamum]

right,im not too sure about this but have you thought about equity release as an option? Sorry forget that startting age for this is 55

 

Sorry Newstarter, I've only just seen this - thanks very much for thought.

[Roblynmouth]

hi

Massamum, hang on in their its what your would have wanted you to do.

[Massamum]

OK, don't fill out anything on line - you need to fill the form in and hand it in to the court. We can do a statement to go with the N11M defence form, I'll get back to you after the weekend and we can work on the form.

 

Hi Ell-enn, have received the other side's witness statement this morning which makes for interesting reading. The hearing is on the 18th Jan and with the bank holiday coming up and courts being closed Monday and Tuesday next week I'm getting a bit panicky about having to get the papers into court in time. Sorry to hassle you but was wondering what I should be doing now? Any help and advice most appreciated. Thank you.

[Massamum]

hi

Massamum, hang on in their its what your would have wanted you to do.

 

Cheers for that Roblynmouth

[Ell-enn]

You are ok for time - the court will accept your defence a week before the hearing. We just need to decide exactly what you are going to ask the judge to consider then I can draft your statement.

[Massamum]

You are ok for time - the court will accept your defence a week before the hearing. We just need to decide exactly what you are going to ask the judge to consider then I can draft your statement.

 

Thanks very much for getting back to me on this and for your help. It is a relief to know there is more time. I can think of a few things to ask the judge to consider - should I PM you?

[Ell-enn]

Thanks very much for getting back to me on this and for your help. It is a relief to know there is more time. I can think of a few things to ask the judge to consider - should I PM you?

 

If there are things of a sensitive nature then you can pm, otherwise it's ok on this thread

[Massamum]

thanks, have just PM'd you

[Ell-enn]

Hi there, how much is the normal monthly payment and how much are the DWP paying ? - do you have any documents showing the DWP payments ?

Do you have estate agent documents proving the house is for sale?

 

we will need photocopies of all the above to go with the defence forms.

 

Also, if you have any proof you are unable to work due to medical reasons (could you get a letter from your doctor?) that would be useful too.

 

There is some case law we can use to ask the judge to consider reduced payments until the property is sold - if you can answer my questions above I can finalise the statement.

[Massamum]

Hi there, how much is the normal monthly payment and how much are the DWP paying ? - do you have any documents showing the DWP payments ?

Do you have estate agent documents proving the house is for sale?

 

we will need photocopies of all the above to go with the defence forms.

 

Also, if you have any proof you are unable to work due to medical reasons (could you get a letter from your doctor?) that would be useful too.

 

There is some case law we can use to ask the judge to consider reduced payments until the property is sold - if you can answer my questions above I can finalise the statement.

 

Hi Ell,

 

The normal monthly payments are £493.93, the DWP pay £52 a month as the mortgage was for home improvements and debt consolidation (they used to pay £89pm until recent changes). I have all my correspondence from the DWP confirming all of this. I have also been making token monthly payments of £10 myself since about May-time.

 

I have two different estate agents contracts, print-out from internet showing house for sale, local newspaper ad and an energy performance certificate which I had to pay for which I can photocopy.

 

I keep all correspondence from the DWP and have several confirming that I am claiming Employment Support Allowance (work-related category), but I can also get a letter from my doctor if that would be more helpful?

 

Please let me know if you need anything more.

 

Many thanks once again

 

M

[Ell-enn]

OK, I can now finalise your statement.

 

You will need to take copies of the following documents, on the top left hand corner of each one you need to write the Claim Number (if will be on the court papers)

 

Death certificate - on top right hand corner write Appendix 1

proof of ESA & doctors letter - on top right hand corner write Appendix 2

DWP contribution letter - on top right hand corner write Appendix 3

Estate Agents documents - on top right hand corner write Appendix 4

 

These will all be affixed to the N11M defence form together with the statement I am drafting.

 

Are you OK with the rest of the form? or do you need help with filling it in?

 

Ell

[Massamum]

Thanks very much for that Ell. Yes please, I would very much like help with filling in the rest of the form if thats ok - I haven't got a clue!!!

[Ell-enn]

OK, affixed is the statement which needs to go with the defence form. You will need to fill in the info at the top where there are XXX's (remove the xxx's) - you will get the info from the court papers. Also you need to fill in dates where I have put brackets in some paragraphs of the statement and also XX's - make sure you read it carefully to ensure all is OK. When you print out the statement, make sure the printer is set for A4 paper (not Letter size) so it all stays on one page.

Massamum.doc

[Massamum]

that is absolutely brilliant Ell, thank you so very very much.

[Ell-enn]

To be honest you don't need to fill in the N11M form, the statement and appendices tell the whole story (the court will accept this OK), the only thing you could add is a budget sheet to reflect your income and expenditure. I have affixed the one we normally use - it calculates automatically as you fill it in so you can adjust the figures until you get them right then just save it to your PC and print it off - label it Appendix 2 and it can go with the ESA document.

 

When you have got everything together, you need to assemble as follows:

 

Statement - signed

Appendix 1 - death certificate

Appendix 2 - ESA, budget sheet and doctor's letter

Appendix 3 - DWP contribution letter

Appendix 4 - Estate agents documents

 

This now forms your pack for court - you need to ensure it is securely bound together, it may be too thick to staple so you might have to get a thin folder with a grip in the centre. Try and hand it in to the court on Monday if possible - while you are there ask if there are any free legal advisors in attendance on the day of your hearing - a lot of courts have them nowadays and they can accompany you into the hearing and speak on your behalf.