Help!!!! H-fax seeking to reposses my house

[dipobrazil]

Hi

Everyone i am in need of help...got a letter of a court hearing for respossesion by halifax.

I do have arrears from an arrangemnet that had failed due to jobloss.the last agreement i missed 2 months and then in june my fixed interest rate came to an end bring my mortgage to considerable lower monthly payment ....halifax asked me to do a budget which i did offering to pay £100 on top of the now lower mortgage ..which i can afford easily.

they accepted the offer via writting from their solicitors and asked me to make the first payment on 28th june which i have paid promptly...but they are still taking the matter to court to reposses the property....in the letter from the solicitors after agreeing to the arrangement..they stated ......"that they would ask the court to grant an Order for Possesion suspended upon the above agreed terms at the forthcoming hearing.Provided the agreed payments are maintained in the future, our client will be unable to obtain an eviction date by enforcing the order for possesion''

 

Please what should i do? .....i have always been in contact with them since the issues started....please what should i do....I am married but no children yet....i have the copies of all the letters.

 

Can they still go to court to reposses despite having agreed to the agreed and I having paid.Is there something i can do to stop them

 

I also noted that there has been several £35 charges throughout the start of the mortgage...i dont know the sum but with all times i have been seeing those charges letters it might be more than hyalf of the arears...if not all.Can i use this charges in my favour as i think it isquite unfair

 

thanks for all your help...the hearing is on 28th July 2010

[dipobrazil]

Hi

Everyone i am in need of help...got a letter of a court hearing for respossesion by halifax.

I do have arrears from an arrangemnet that had failed due to jobloss.the last agreement i missed 2 months and then in june my fixed interest rate came to an end bring my mortgage to considerable lower monthly payment ....halifax asked me to do a budget which i did offering to pay £100 on top of the now lower mortgage ..which i can afford easily.

they accepted the offer via writting from their solicitors and asked me to make the first payment on 28th june which i have paid promptly...but they are still taking the matter to court to reposses the property....in the letter from the solicitors after agreeing to the arrangement..they stated ......"that they would ask the court to grant an Order for Possesion suspended upon the above agreed terms at the forthcoming hearing.Provided the agreed payments are maintained in the future, our client will be unable to obtain an eviction date by enforcing the order for possesion''

 

Please what should i do? .....i have always been in contact with them since the issues started....please what should i do....I am married but no children yet....i have the copies of all the letters.

 

Can they still go to court to reposses despite having agreed to the agreed and I having paid.Is there something i can do to stop them

 

I also noted that there has been several £35 charges throughout the start of the mortgage...i dont know the sum but with all times i have been seeing those charges letters it might be more than hyalf of the arears...if not all.Can i use this charges in my favour as i think it isquite unfair

 

thanks for all your help...the hearing is on 28th July 2010

[Ell-enn]

Hi there, did you get an N11M defence form with the court claim papers?

 

If so you need to get those filled in asap. I can help you write a statement for Q.27 of the form detailing that you have agreed a payment arrangement and that court action is not necessary.

 

When will you make the next payment?

 

As the hearing is not until 28 July we have plenty of time to get a statement together and we may be able to get them to agree to adjourn the hearing.

 

Has this ever been to court before?

 

I remember you had another possession claim las year which I helped you with - I assume that was resolved?

[Ell-enn]

Hi there, did you get an N11M defence form with the court claim papers?

 

If so you need to get those filled in asap. I can help you write a statement for Q.27 of the form detailing that you have agreed a payment arrangement and that court action is not necessary.

 

When will you make the next payment?

 

As the hearing is not until 28 July we have plenty of time to get a statement together and we may be able to get them to agree to adjourn the hearing.

 

Has this ever been to court before?

 

I remember you had another possession claim las year which I helped you with - I assume that was resolved?

[Ell-enn]

I have merged this with your other thread in repossessions so the advice is not split between the two and you miss something.

[Ell-enn]

I have merged this with your other thread in repossessions so the advice is not split between the two and you miss something.

[dipobrazil]

Thanks so much for replying quickly once again....the next payment is on the 28th of july...

I got some forms from the court but i have not checked it now

i guess it is the defence form.

It has never gone to court

 

yes there was a possession order but that was for secured loan of £15k...i posted the outcome on this forum after the first hearing with lots of thanks .what happened was.....the court then could not find my defence ,luckly i had a court stamped copy as proof...they court asked for 2 months to find the original.before the second date we spoke with the loan company who agreed to the normal payment plus £25 towards the arears...via writting we took the letter to the second hearing and the judged suspended the possesion so long as we kept to the agreement

[dipobrazil]

Thanks so much for replying quickly once again....the next payment is on the 28th of july...

I got some forms from the court but i have not checked it now

i guess it is the defence form.

It has never gone to court

 

yes there was a possession order but that was for secured loan of £15k...i posted the outcome on this forum after the first hearing with lots of thanks .what happened was.....the court then could not find my defence ,luckly i had a court stamped copy as proof...they court asked for 2 months to find the original.before the second date we spoke with the loan company who agreed to the normal payment plus £25 towards the arears...via writting we took the letter to the second hearing and the judged suspended the possesion so long as we kept to the agreement

[Ell-enn]

Hi there, do you have copies of the statements showing the £35 charges? if so can you circle the charges in pen and write the total at the bottom of each page then the grand total on the last page. We can include this figure in your statement for the court to dispute the amount of the arrears.

 

How much are Halifax claiming the arrears are?

[Ell-enn]

Hi there, do you have copies of the statements showing the £35 charges? if so can you circle the charges in pen and write the total at the bottom of each page then the grand total on the last page. We can include this figure in your statement for the court to dispute the amount of the arrears.

 

How much are Halifax claiming the arrears are?

[AnimalMagic]

Take a look at s140A CCA unfair relationship. I would have thought that adding the costs of a repossession when you have already agreed an arrangement would be a perfect case for unfair relationship...

[AnimalMagic]

Take a look at s140A CCA unfair relationship. I would have thought that adding the costs of a repossession when you have already agreed an arrangement would be a perfect case for unfair relationship...

[dipobrazil]

hi ....sorry am just getting back to the thread now....there 10 instances of £35 charge for arears managmenet fees (total=£350) ...especially an instance where there were 3 charges in the same month......

 

this spans from just july 09 to date.......I am quite sure the amount is way beyond that amount because there has been countless letters form h-fax saying they were charging £35 in the past...does that count ....problem is i dont have the full statement of the account from the begining ...all they sent was just from july 09.......and there has been charges way before that.....what should i do about that.

 

one other question is that there hearing is on wednesday next week ....can i still send a defence at this stage?

[dipobrazil]

hi ....sorry am just getting back to the thread now....there 10 instances of £35 charge for arears managmenet fees (total=£350) ...especially an instance where there were 3 charges in the same month......

 

this spans from just july 09 to date.......I am quite sure the amount is way beyond that amount because there has been countless letters form h-fax saying they were charging £35 in the past...does that count ....problem is i dont have the full statement of the account from the begining ...all they sent was just from july 09.......and there has been charges way before that.....what should i do about that.

 

one other question is that there hearing is on wednesday next week ....can i still send a defence at this stage?

[dipobrazil]

halifax are claiming £8,711.66

[dipobrazil]

halifax are claiming £8,711.66

[dipobrazil]

I got a package from the Hfax solicitors .....in it are the following

1. a document from land registry .. a copy of a mortage deed

2.Hfax booklet on mortgage conditions

3.a letter showing the conversion of halifax to bank of scotland

....my question is the mortgage deed the same as the mortgage agreement.....

[dipobrazil]

I got a package from the Hfax solicitors .....in it are the following

1. a document from land registry .. a copy of a mortage deed

2.Hfax booklet on mortgage conditions

3.a letter showing the conversion of halifax to bank of scotland

....my question is the mortgage deed the same as the mortgage agreement.....

[AnimalMagic]

Shelter will represent you assuming you have less than 8k in savings. If you go to your CAB they will do an evaluation of your eligibility, and refer you. However, beware, we were told twice that as we had > 100k in equity in our property, we were not eligible - this is incorrect, for repossessions the qualifier is solely

[AnimalMagic]

Shelter will represent you assuming you have less than 8k in savings. If you go to your CAB they will do an evaluation of your eligibility, and refer you. However, beware, we were told twice that as we had > 100k in equity in our property, we were not eligible - this is incorrect, for repossessions the qualifier is solely

[Ell-enn]

Hi, we can work on a defence over the weekend and you could take it to the court on Monday - can you do that?

[Ell-enn]

Hi, we can work on a defence over the weekend and you could take it to the court on Monday - can you do that?

[dipobrazil]

yes i can do that .....i will keep on the interent all weekend so we can deal with...thanks again for all your help

[dipobrazil]

yes i can do that .....i will keep on the interent all weekend so we can deal with...thanks again for all your help

[dipobrazil]

Any help yet?