Warrant of possession

[Ell-enn]

Good make sure everything is in the right order and securely held together - you don't want the pack to come apart. Also, the pack you take to court should contain copies of documents, you keep the originals in your own pack to take to the hearing.

 

When you take the pack to court ask the staff if there are any free legal advisors in court on the date of your hearing - lots of courts have them nowadays, they can be a great help.

[jojogirly]

Do you have any idea if someone from GMAC will be there?

[Ell-enn]

They will probably send someone from a local law firm, but they will only have brief details i.e. amount of arrears - they don't usually get any info from GMAC till the day before the hearing, so they're not very well prepared. But you will be !

[jojogirly]

Right - It has taken hours but its all done, in order with all forms neatly stapled together.

 

I will be off to the courts first thing in the morning. Fingers crossed the appointment is sooner rather than later.

 

Ell-enn - I really cant thank you enough x

[Ell-enn]

Excellent. You have got another copy of it all for yourself?

 

When you take it to the court they should give you a date for the hearing there and then. Let us know when it is and we can go through the hearing process.

 

Well done, first hurdle over

[jojogirly]

Morning. yes I had a complete copy of everything for myself.

 

I took it in to the court this morning, was waiting at 10 when the counter opened. Gave her the forms and the fee, she said she would post me the date. I explained to her how worried about it all I was and she said she would get me the date right away.

 

The date is the 30th July, 9.55am. This was the soonest they could fit me in. It really worries me as the eviction date is the 4th - Not long enough to find somewhere to live if the judge says no.

[Ell-enn]

Are you able to make a payment in the meantime?

[jojogirly]

Well theres the two cheques they still havent cashed or recieved despite me sending them 12 days ago first class, but apart from that yes I will be able to make a payment.

[Ell-enn]

You should make a payment over the phone as soon as you can - that will strengthen your case in court.

[jojogirly]

Ok my court date is Friday morning. We have made payments totaling £1040.32 this week over the phone (790.32 normal payment and 250 which we are offering towards the arrears.

 

I have spent a significant amount of time on the phone this week (and last) to them - they wont budge but I am able to print off my call logs to show the judge the amount of time I spend on the phone to them. I stopped the cheques I posted and made the payment over the phone (I have proof they have been stopped)

 

What do I need to say in court?? Thank you so much Ell-enn - I appreciate it. x

[Ell-enn]

Hi there, we can do an up to date statement for you to take to the court on Friday. You need to get proof of the payment you have made (print off from internet banking?) and also the call logs you mentioned.

 

I'll keep checking this thread so see if you are online

[jojogirly]

Got the bank statements and authorisation codes from paying via debit card.

 

Printing off the call logs tonight (to make matter worse its an 0870 number and its costing me a fortune every time)

 

They keep changing the amount I need to pay to get action stopped - sometimes its £5000 sometimes £6000, then its half the arrears and sometimes all.

 

I am so stressed about Friday, I cant tell you. Hubby is coming with me and he will be wearing a shirt with his new jobs logo on - I thought it may help. I will dress really smartly as well.

[Ell-enn]

I'll get back to you tomorrow to do the statement.

[jojogirly]

Morning

 

I forgot to mention - I also have proof from the bank that I stopped the cheques - I wanted to prove that did send them.

[jojogirly]

Hi Ell-Enn

 

Any other tips for tomorrow?

[Ell-enn]

Just doing a statement template for you to take to court tomorrow.. back in a mo.

[Ell-enn]

Here you go.... you need to put the info at the top where there are XXX's and also put the date of the payment you made.

 

Affix the proof of payment, telephone log and info on cancelled cheques.

 

You'll need 3 copies of it all, one for the judge, one for the other side and one for yourself (don't forget to also take your copy of the N244 you submitted).

 

As this is your application for a hearing the judge will address you first - when he has finished speaking you should say "Sir(or Madam), may I give you up to date information" and just hand it over, then give the other side a copy.

 

The other side's rep may try to speak to you before the hearing, do not let them see any of your paperwork, just say you'd rather wait for the judge to decide.

Jojogirly statement for court.doc

[jojogirly]

That is fab Ell-enn, Thank you so much. I dont think I could be anymore prepared but that doesnt mean we wont have another sleepless night.

 

I cant wait to get tomorrow over just to know either way of the outcome. If we have to leave next Wednesday I have no idea how we will find a home, but what will be will be.

 

Thank you again Ell-enn - I will let you know what happens tomorrow afternoon x x

[Ell-enn]

It'll be OK, you won't lose your home

[letsdothis]

Good luck for tomorrow, you will be fine.

[jojogirly]

Well we got there this morning to be greeted by GMAC's solicitor who told us she was going to oppose very strongly. She told me that GMAC had no record of this weeks two payments (to which I replied - Its ok - I have proof) she wasnt amused.

 

We were called into the room before the judge, He asked If I had a statement to make, I gave him our further defence. He asked GMACs solicitor if they had any observations, she talked about the fact that we had not made payments and that we had not sent the cheques.

 

However all the proof was in the pack we had given in.

 

The judge said it was a borderline case due to the amount of arrears but said he was reluctant to make a family homeless, at this point GMACs solicitor interrupted. He was not amused. He granted a suspension for 6 months with payments to begin from 1st September. He said my qualification as a teacher was key in his decision. We thanked him and he gave me a wink as we walked out. GMAC's solicitor was fuming - she went all red.

 

Is there anything I need to do now? - will we get notification in the post?

 

Ell-enn - I cannot thank you enough. From the bottom of my heart - you have saved our home. x x x

[Ell-enn]

Fantastic news! well done for being so brave I hope you can now relax knowing your home is safe. I'd love to have seen their solicitor's face

 

You will receive an order from the court detailing what the judge said. Make sure your payments are made on time (so they get there for the 1st of the month) or GMAC will be quick to say you have breached the order. If the first payment isn't due until 1st September you should pay in the last week of August and then the last week of each month so the payments are always there for the 1st of the next month.

[Ubiquitious]

Well done on your case today. The judge has certainly made the right decision!

[jojogirly]

Hi Ell-enn

 

Hope you are well. We are due back in court with this tomorrow for the 6 month review. We have maintained the agreement and even paid a little (very little) extra at times.

 

GMAC have said they are happy to continue with the agreement as it is but will have a representative there tomorrow.

 

I will take my income and expenditure with me and the amounts, dates etc of all the payments I have made. I will also do a short statement similar to what you did for me originally. Is there anything else I should do or have I covered it all.

 

Thank you as always for your time and help x

[Ell-enn]

Hi there, I'm glad to hear you have maintained your payments and this will show the judge he was right to give you the chance to prove you were committed to clearing the arrears

 

You are doing everything right in your preparation for the hearing - have GMAC put their agreement in writing ?