Halifax BOS repo problems - SUSPENDED

[Sodem Hall]

As to the arrears we are unsure where the additional costs have been added our mortgage is 137 per month x 10 months so probably not added to arrears

[Ell-enn]

OK, I need to pop out for an hour or so. Will post up the statement when I get back.

 

Have you got the copies of the letter to Halifax and their solicitors you sent in July?

[Sodem Hall]

Yes got copies of letters sent.

 

Thanks

[Ell-enn]

Hi, statement affixed. You need to read through it and insert the information where I have put XXX's (remove the XX's). When you print out the statement make sure your printer is set for A4 paper (not letter size, which is the default on most PC's).

 

On the copy letters - you need to write the claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

Do the same on the budget sheet, except it is Appendix 2.

 

Affix the appendices to the statement (you need to take another two copies of all of that, so you have 3 sets - one for the judge, one for the other side and one for yourself).

 

Any questions, just shout

 

Ellx

Sodem Hall statement.doc

[Sodem Hall]

Thanks for that, in the statement you have asked for a suspended order due to the fact that the situation is of their making should we ask for the matter to be set aside? Im not questioning your invaluable knowledge but a suspended means we will still be paying even if they dont rectify the situation. If a suspended order is granted and we pay the full sum off in say the next month can we get this withdrawn or will the suspended order be in place for the rest of the mortgage?

 

Thanks for your help

[Ell-enn]

Hi, if the total arrears were caused as a result of the PPi not being paid then you may have a case for asking for adjournement rather than suspension. However, the judge may wonder why you have not pursued the matter more vigorously given that the arrears are 10 months.

 

When the arrears are paid off you can apply to the court to have the suspension lifted.

 

Ellx

[Sodem Hall]

thanks will let you know how i get on tommorrow

 

XXX

[Ell-enn]

The judge may decide to adjourn the hearing when he knows of the PPI issue

 

Good Luck, will be thinking about you. Tell your wife to stay positive. When she gets to the court ask if there are any free legal reps there, they can come into the hearing with you and speak to the judge.

 

Ellx

[jansus]

Hi just checking in to see how you got on. Hope things went your way.

[spamheed]

any news on this one?

[Sodem Hall]

Thanks to everyone, I went to court not got susspended repo order, but the judge was great. I offered 150 per month on top of mortgage, but he advised it was too much and suggested 50 which was put on order. The other side also wanted payment by 24th of this month he said no and set first payment for september. Their lawyer was furious, it was a pleasure to see. During my wait in court i heard of 6 cases similar to this where PPI hadnt paid out I think it is a cheek the mortgage companies not paying their own PPI out and seeking repo orders. I would be interesting to find our how many arrears are due to PPI.

 

Once again thanks to you all especially Ell-enn.

[Sodem Hall]

Sorry it is meant to say 'got suspended repo order'

[jansus]

Well done for that seems like you had a fair judge:). And it is important that you have and affordable arrangement or you will be back to square one.

 

So I guess the next move is to take action on the PPI . Have you done an SAR letter? And have you started a thread for this in the relevant forum.

 

you never know the PPI might clear the arrears and if it does I hope they remove any defaults on your credit file.

 

Have they actually given you a full written explanation of why the PPI has not paid out?

[Ell-enn]

Well done for standing up to them! Glad to hear you got a sensible judge:)

Wish I could have seen their rep's face:D

 

What was said about the PPI not paying out?

[Sodem Hall]

PPI quoted in statement supplied by Ell-enn but the judge said he could only deal with the arrears not the PPI element. Have lodged complaint with FOS to see if this geers Halifax up.