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Repossesion hearing questions. SUSPENDED


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Hi guys,

 

wondering if you can shed some light on this issue?

 

A court date has been set for repossesion, notification of this was received by the solicitors acting for the bank but following this 2/3 of arrears were paid. No furher correspondance recieved and nothing ever received from the courts themselves.

 

At the back end of last week, particulars of claim received from solicitors stating this is which they would be relying on in court on the 29th March, but still no papers received from the court.

 

2 days later further confirmation latter from solicitors only this time the date of case is listed as the 20th (tomorrow).

 

Telephoned courts to ask about paper work from them, to which they state should have been received. The solicitors were somewhat terse when I pointed out their dates!

 

 

Is there any cause to get this stopped /postponed?

 

The most annoying bit is if the date were the 29th all arrears would actually be cleared prior to then but unable to do by the morning.

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Hi guys,

 

wondering if you can shed some light on this issue?

 

A court date has been set for repossesion, notification of this was received by the solicitors acting for the bank but following this 2/3 of arrears were paid. No furher correspondance recieved and nothing ever received from the courts themselves.

 

At the back end of last week, particulars of claim received from solicitors stating this is which they would be relying on in court on the 29th March, but still no papers received from the court.

 

2 days later further confirmation latter from solicitors only this time the date of case is listed as the 20th (tomorrow).

 

Telephoned courts to ask about paper work from them, to which they state should have been received. The solicitors were somewhat terse when I pointed out their dates!

 

 

Is there any cause to get this stopped /postponed?

 

The most annoying bit is if the date were the 29th all arrears would actually be cleared prior to then but unable to do by the morning.

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Hi there, so is the court hearing actually tomorrow and not the 29th?

 

If so you should take a statement to court with you explaining the circumstances surrounding the mix up of dates/non receipt of defence form from the court and the payments you have made.

 

I can help you draft a statement if you need me to - please let me know asap as I will need quite a few details from you in order to proceed.

 

A further point - if your arrears are less than 2 months then they cannot get possession, nor should they be taking you to court!

 

Ell-enn

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Hi there, so is the court hearing actually tomorrow and not the 29th?

 

If so you should take a statement to court with you explaining the circumstances surrounding the mix up of dates/non receipt of defence form from the court and the payments you have made.

 

I can help you draft a statement if you need me to - please let me know asap as I will need quite a few details from you in order to proceed.

 

A further point - if your arrears are less than 2 months then they cannot get possession, nor should they be taking you to court!

 

Ell-enn

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi there, what are you going to offer by way of payment of the arrears? are you able to offer an amount each month in addition to the normal monthly payment?

 

Ell

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Hi there, what are you going to offer by way of payment of the arrears? are you able to offer an amount each month in addition to the normal monthly payment?

 

Ell

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi there, what are you going to offer by way of payment of the arrears? are you able to offer an amount each month in addition to the normal monthly payment?

 

Ell

 

 

Yes most deffinatley able to offer, in fact able to pay whole amount but not until the 25th

amount outstanding is £2590, which is just over 3 months in arrears, can manage to pay £500 tonight.first thing in morning to bring it to just under 3b months, do you think there is any upshot of that at this point?

Edited by miziwizzi
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Hi there, what are you going to offer by way of payment of the arrears? are you able to offer an amount each month in addition to the normal monthly payment?

 

Ell

 

 

Yes most deffinatley able to offer, in fact able to pay whole amount but not until the 25th

amount outstanding is £2590, which is just over 3 months in arrears, can manage to pay £500 tonight.first thing in morning to bring it to just under 3b months, do you think there is any upshot of that at this point?

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Just to confirm, you are able to clear the outstanding arrears in full on 25th March? will you be able to show the judge proof that you can do this?

 

Ell

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Just to confirm, you are able to clear the outstanding arrears in full on 25th March? will you be able to show the judge proof that you can do this?

 

Ell

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Just to confirm, you are able to clear the outstanding arrears in full on 25th March? will you be able to show the judge proof that you can do this?

 

Ell

 

 

would be able to show past pay slip to show income yes.

 

basically we have had a bit of a run of few things happening and have robbed peter to pay paul, nearly out of it, just this one left then totally straight again, its not an income thing as such just accumilation of rising costs plus hubby had car accident and has not recovered all expenses there as yet but had to purchase new car in order to work etc.

 

 

Last month we had far worse arrears and on the 12th feb paid £3500

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Just to confirm, you are able to clear the outstanding arrears in full on 25th March? will you be able to show the judge proof that you can do this?

 

Ell

 

 

would be able to show past pay slip to show income yes.

 

basically we have had a bit of a run of few things happening and have robbed peter to pay paul, nearly out of it, just this one left then totally straight again, its not an income thing as such just accumilation of rising costs plus hubby had car accident and has not recovered all expenses there as yet but had to purchase new car in order to work etc.

 

 

Last month we had far worse arrears and on the 12th feb paid £3500

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OK, last few questions - when you have answered I will attach the statement for you.

 

Is the mortgage in joint names?

Are there any children living at home?

Have you previously informed the claimant that you are able to clear the arrears on 25th March?

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OK, last few questions - when you have answered I will attach the statement for you.

 

Is the mortgage in joint names?

Are there any children living at home?

Have you previously informed the claimant that you are able to clear the arrears on 25th March?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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OK, last few questions - when you have answered I will attach the statement for you.

 

Is the mortgage in joint names?

Are there any children living at home?

Have you previously informed the claimant that you are able to clear the arrears on 25th March?

 

 

 

Mortage is only in husbands name

 

yes 4 children

 

and yes only yesterday we told Hamlins had case been on 29th as their letter indicated it would of been cleared as able to do so on 25th, they however are not interested, its all now or nothing.

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OK, last few questions - when you have answered I will attach the statement for you.

 

Is the mortgage in joint names?

Are there any children living at home?

Have you previously informed the claimant that you are able to clear the arrears on 25th March?

 

 

 

Mortage is only in husbands name

 

yes 4 children

 

and yes only yesterday we told Hamlins had case been on 29th as their letter indicated it would of been cleared as able to do so on 25th, they however are not interested, its all now or nothing.

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Sorry, just one more question - when did you pay the £3500?

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This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Sorry, just one more question - when did you pay the £3500?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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just double checked that, no idea why but money left account on the 12th feb however instruction date was the 10th.

 

abbey account and abbey mortage so no idea why it was not instantly out of account, not that that matters?

 

Do you think theres any point in making £500 payment this evening or in morning?

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