Warrant applied for please help CANCELLED

[Ell-enn]

No problem, happy to look it over for you.

[kilkenny]

I have prepared a draft statement and am just typing it up how do I send it over to you?

[Ell-enn]

Hi, you can send it to [email protected]

[kilkenny]

Thanks will get it typed up and send it over

[Ell-enn]

Let me know when you've sent it:)

[kilkenny]

I have just sent the draft over I am ok with the form it is just setting out what has happened really and asking the Court to delay until we can get the sale through

[Ell-enn]

That looks fairly comprehensive to me - you should perhaps separate the different issues and set it out with bullet points to make it clearer for the judge. I have affixed a witness statement template for you to look at - obviously you will have to arrange the bullet points to suit. If you have a look a some of the other threads in the repossessions forum you will see how various statements have been set out.

 

If you are attaching any other documents you should refer to them in the statement as "please see Appendix 1 (or 2 or 3 etc) affixed". then on the top of the document(s) you are attaching write the claim number on the top left hand corner and the Appendix number on the top right hand corner.

 

Also, rather than the Norgan case law (which related to making payments to the arrears by installments), you should use S. 91 Law and Property Act 1925 Palk v Mortgage Services Funding Plc. (time to sell property)

 

 

 

 

draft witness statement.doc

[kilkenny]

Thanks so much will use that template and get it filed -

[kilkenny]

We are in Court tomorrow to suspend the eviction. The lenders solicitors have written a long and lengthy letter to the Judge defending the application and I am absolutely terrified - the sale can only go ahead if the lender agrees with the findings of the FOS but they say they are challenging it. I have got evidence that my house could be sold by a quick sale type buyer at it has recently been valued at £350,000 and that we were told was a low value cos of the market - we owe £230,000 if we have to pay them what they say is owing - I am absolutely terrified as we have nowhere else to go and 2 children who would be just devastated by this. Can someone reassure me as I am losing faith. The eviction is set for Monday

[KJD]

I just wanted to pop in and say all the very best for tomorrow

 

Ell-enn has done another great job in advising you, so I'm confident you will get a positive outcome.

 

Let us know how it goes.

[kilkenny]

Thank you - its an hour before the hearing I am work putting on a brave face - waiting until 11 when my husband will phone from court with the news - will let you know - thanks for your support

[Ell-enn]

Fingers crossed for you - if you can get in touch with your husband tell him when he gets to court to see if there are any free legal advisors there - lots of courts have them nowadays, and they go into the hearing and support you.

 

Did you put in your defence statement that you had two young children?

 

Ell-enn

[kilkenny]

We put that in our original defence to the mortgage repossesion but not this one - my husband has brought with him case law and will argue to the best of his ability - sorry but I am absolutely terrified - surely they will allow us to stay till April as that was what the lender offered on the basis that we ignore what the FOS and just settle at what they say is owing?

[kilkenny]

There are no duty sols available -

[OLIVE.FAMILY]

Just wishing you guys all the luck in the world. What I have just read is totally appauling. When you hubby phones with the good news(n I am sure it will be)take time out and then I would seriously consider making that complaint to the FSA and get compansation off the mortgage company. They just stoop so very low I am outraged.

 

Once again though I am thinking off you both along with, I am sure so many others.

 

Olives xxx

[kilkenny]

Thank you all so much - he has just phoned with the good news - we now have till the 27th march to get the house sold - the Judge said we had been honest all the way through and indicated they had not. The solicitor for the lender then asked us outside of Court what we want to settle. My husband told him we would pay them exactly what we should have paid but he was too upset to talk and we will now set down and write another letter. I do not know what I would have done last night if I could not have got on this forum - I have felt sick all morning and am now shaking with relief - thank you all so much - I will keep you informed - but feel that we have won another battle. The thought of going home tonight and telling my two beautiful children they would have to leave by Monday was almost too much - but........... fight goes on. thanks again

[Ell-enn]

That's great news - hopefully you will now be able to get everything sorted out:)

[KJD]

Great news - well done!

[OLIVE.FAMILY]

I am so very happy for you. Just take tonight and enjoy and relax. Dont think of the next fight yet, that can wait until Monday. Take a deep breath and have a lovely weekend just you, hubby and the kids.

 

Well done you have both been very brave, you deserve this.

 

olives xx

[kilkenny]

The only way the house sale can go through is that we buy our buyers property.

 

 

We got a mortgage in principal to allow us to do this but when it went to the underwriter

he wanted to have a letter from Bridging loans saying how the loan worked as their were no monthly payments.

 

 

Our mortgage broker phoned the lender who refused to provide anything.

For the very first time the lender actually phoned and spoke to me.

He told me that he would provide the letter on the condition that we paid him what he said was due and owing and not what the FOS had said.

 

 

I couldn't do that as then we couldn't sell and buy.

He told me that if I continued to fight he would take it to the Court of Appeal and it would cost me thousands and take years and through all of that I would owe him money.

 

 

When I reminded him that a FOS decison was binding on him he said if he lost at the Court of Appeal he would simply sue me and my husband for damages and it was my choice.

 

 

The FOS adjudicator then got involved and put an offer to him to settle it.

He refused and said the only way he would stop the repossession proceedings was if we signed a legal doc stating we would not take our claim with the FOS any further, or complain to anyone else.

 

 

If we do that he said then we could stay as long as we liked.

If we don't then the eviction will go ahead.

I cannot afford to pay him what he says we owe because the difference is massive and I coudldn't do the swap with the buyers of our house so I am stuck.

 

 

The eviction was suspended until the 27th.

Does he have to apply for another warrant or will the eviction just go ahead on the 27th?

We haven't been served with another notice

[kilkenny]

We had the eviction suspended until the 27th March - the FOS are in talks with our lender about settlement but the terms from the lender once again say pay what we say you owe or we will evict you. We have to sing a legally binding document to say we wil not take the complaint any further - can they evict us on the 27th - please help

[Ell-enn]

I'm wondering if you could put an application into court tomorrow to see if you can get a hearing on Thursday to have the eviction further suspended while the FOS try to sort this out for you.

[Ell-enn]

I'm wondering if you could put an application into court tomorrow to see if you can get a hearing on Thursday to have the eviction further suspended while the FOS try to sort this out for you.

[kilkenny]

The last order said "warrant for possesion be suspended for so long as the defendant pays the claimant in full by 4pm on 27th March 2009" I think that means if we don't pay them by 4pm they can apply for another warrant. Surerly they can's just come and evict us after 4pm?

[kilkenny]

The last order said "warrant for possesion be suspended for so long as the defendant pays the claimant in full by 4pm on 27th March 2009" I think that means if we don't pay them by 4pm they can apply for another warrant. Surerly they can's just come and evict us after 4pm?