Posession claim form received-running out of time

[Viano]

Where to start?

 

Hearing in a about 10 days, haven't filed a defence yet!

 

Still waiting for an appointment with CAB 'specialist'

 

Don't know where to start, so if disjointed please stay with it/me, thanks.

 

Yes I owe, but claim includes late payment charges.

 

No I can't pay arrears or mortgage, retired , on pension credits, DWP pay part of the interest.

 

Have equity in the house, am starting the sale process, want out anyway. It will clear most if not all my debts.

 

Lender would not write back to me when I requested (some 20 times) written information of how they could help, finally 'phoned them to be told that since there was equity in the property there could be no assisted sale.

 

Para 6 of the Pre-action protocol says:- 'If a borrower can demonstrate that reasonable steps have been or will be taken to market the property at an appropriate price in accordance with reasonable professional advice, the lender should consider postponing starting a possession claim'-How do I activate this with the lender?

 

By the way the figures on the claim form differ by over £7700 from the outstanding balance on the last statement (and that includes £5300 charges)

 

Any help and advice will be welcome.

 

Please ask any questions as I can't see thw wood for the trees.

 

Thanks in advance.

 

V

[Ell-enn]

Hi Vianno, thanks for your pm. Yo need to get as much documentary evidence as possible that the property is up for sale -the estate agent should give you paperwork to support this. You will also need to complete an income and expenditure statement (budget sheet) to go with your defence - I have affixed one to this post for you.

 

Also, you need evidence of your pension credits and any paperwork relating to the DWP contribution to the interest part of your mortgage payment.

 

Once you have all this we can start to write a defence statement for the hearing. There is some case law which may be relevant to your situation which we can use , I'll just have to check it out first.

 

How many months in arrears are you?

Have you advised your lender in writing of your position?

Who is the lender?

[Viano]

Hi Ell-enn,

 

Thanks for your early reply.

 

I will have the paper work from the estate agent this week-end.

 

The lender-Northern Rock- have MI 12 from the DWP so are aware of the situation.

 

The I&E from the Court doesn't cover my situation and yours is not attached!

 

I'm about 18 months in arrears

 

No I haven't written to the lenders regarding my position.

 

Hearing date 05/07/10 I should have had the defence in last Wednesday 22nd.

 

V

[Viano]

Correction, I wrote to NR in August 09, 'As you are aware a proportion of the mortgage is paid by the DWP'.

 

In Feb this year I received a letter, I quote:-'I understand that you have inquired regarding 'Assisted Voluntary Sale'. We are unable to send you any information regarding this rescue solution, however if you were to visit your local Northern Rock branch and call our Customer Assistance Team from there, we would be able to discuss the scheme and its eligiblity criteria with you'

 

I did 'phone from home and was told "As you have equity in the property we can't help'

 

Sorry if this makes no sense, but I'm finding it difficult to concentrate.

 

V

[Ell-enn]

Sorry, the budget sheet didn't attach for some reason - it should be there now.

Budget Sheet.xls

[Viano]

Got it thanks.

 

Now for the stupid q's,

 

This, and the Court I&E don't cover pension credits as paid by the DWP, is that other income or what?

 

Should I fill in,as best I can, and send back the Courts own I&E or send a copy of this one. I said they were stupid, but I just want to dot the i's.

 

N.B. the xl sheet is much more detailed than the one from the Court.

 

More q's later.

 

V

[Ell-enn]

The pension credits will come under "other income". Once you have all the paperwork re the sale of the property we can do a defence statement to go with that and the budget sheet which you can take to the court (instead of the N11M form) next week. I'll give you the instructions etc once the estate agent has been.

[Viano]

Many thanks again Ell-enn.

 

V

[Viano]

Hi Ell-enn,

 

Update.

 

The estate agents paperwork will be finalised tomorrow morning.

 

I have received their witness statement showing yet another outstanding balance.

 

V

[Ell-enn]

OK, I'll start to draft a statement which we can finalise tomorrow. Are there any other properties for sale in your street/area? have any similar properties been sold reasonably quickly?

[Viano]

One in the same road, and a couple in the vicinity. Speed of sale I don't know about.

 

I've been advised that the price is about average and the agent is confident (of course) of a reasonably quick sale, he would be wouldn't he!

 

Research on the Land registry site and the Nationwide and Halifax house price calculator sites show our asking to be some £20-25000 below average for the area.

 

According to Home.co average time on market is about 90 days.

 

V

[Ell-enn]

Might be helpful to print that information off to go with the agent's stuff. Anything you can find to show that properties like yours sell reasonably quickly will help to bolster your case.

[Viano]

Will do.

 

V

[Viano]

Hi Ell-enn,

 

What do I need to 'bone up' on before the hearing?

 

V

[Viano]

Hi Ell-enn,

 

All, I think, paperwork in place.

 

I went to the housing people yesterday and was told that they will send a statement to the Court (in addition to the defence form). I was told that because the council are involved the chances are that there should be a postponement of the possession order.

 

I am going to the CAB this afternoon for their 'advice'. I have taken both these actions so that in Court they can see that I have 'done the right thing'

 

I still would really appreciate your draught statement please. the advice I've had from the CAB previously has not been the greatest.

 

V

[Ell-enn]

Hi - are the housing people sending the statement to you so you can take it to court? If they say they are sending it direct to court ask them not to - you need it in your hand before the hearing - and they may not send it in time. Tell them you need to collect it from them.

 

It would be good if you could take everything to the court on Friday so the judge has time to read it before the hearing.

 

I'm at work at the moment but will draft something up this evening. Can you let me know as soon as you have confirmed with the housing people that you can pick the letter up from them - I need to know what it says before finalising your statement.

 

Are you eligible for the Government Mortgage Support Scheme? where the council buy your home and rent it back to you?

[Viano]

Hi Ell-enn,

 

They're sending me a copy, but my contact is working from home today so I can't speak to her until the morning, but as you suggest I will go and collect it. I'll let you know when I have it.

 

I believe that I eligible for that scheme, but I would prefer to sell and move on.

 

V

[Ell-enn]

OK, we'll do the statement tomorrow when you have the copy letter.

[Viano]

OK I'm in.

 

Steam age internet connection!

 

V

[Ell-enn]

Hi there, you need to assemble the following to go with the statement:

 

Appendix 1 Estate Agents document showing the house is up for sale

Appendix 2 Print out of Council letter

Appendix 3 Budget Sheet

Appendix 4 Document re DWP payment of interest

Appendix 5 Statement from lender showing arrears and charges

 

On each of those documents write the Claim number (it will be on the court claim form) on the top left hand corner and the corresponding Appendix number on the top right hand corner.

 

On the statement I have affixed - fill in the details at the top where there are XXX's (remove the XXX's), you will get all that information from the court claim form.

 

Now assemble as follows:

 

Statement signed and dated

Appendix 1 Estate Agents document showing the house is up for sale

Appendix 2 Print out of Council letter

Appendix 3 Budget Sheet

Appendix 4 Document re DWP payment of interest

Appendix 5 Statement from lender showing arrears and charges

 

This forms the pack you need to take to court - you will need to photocopy it all so you have a pack for yourself to take to the hearing. If you can't photocopy yourself ask the court staff to do it when you take it in - they are sometimes quite helpful.

Viano Statement for court.doc

[Viano]

Lodged at Court Just after 15.50 hrs. thanks to your endeavours.

 

I will update Monday PM.

 

V

[Viano]

Update as promised.

 

"Adjourned to first open date after 3 months on condition that

1) The Claimants xxxx xxxx provide to you and the Court a breakdown of all credits and charges for the last two years"

 

My comments: I was pointed towards the Court housing advisor-very useful and knowledgeable, she acted as my advocate. The Judge was concerned that there was no breakdown of the added charges. The Pre-action protocol was not adhered to by the lender. You can never take too much paperwork. The brief for the other side was not as well prepared as she should have been.

 

Listen to Ell-enn.

 

For those in my position do the right thing go to the housing people at your Council, and go to the CAB. The housing officer at the Council wrote a supplementary statement which I believe was useful and, although not really up to speed on this (IMHO) it's useful to be able to say you've been to and had advice from the CAB.

 

My thanks once again to Ell-enn and the housing advisor at the Court without whos good offices I would have had a rougher ride.

 

V

[Ell-enn]

Well done for being so brave glad to hear you got a sensible judge too.

[Viano]

No small thanks to you.

 

V