possession order help - SUSPENDED

[wiccachic]

I have received court papers and a date which is the 10th November for a possession order, the lender is Natwest. We got into arrears earlier this year, spoke to them in May they said arrears would be added to to remaining loan and spread over the remaining term, our normal payment was £438, this went up £457 which i said was fine, told them i wanted to change the bank account details and the payment date, they said fine so gave them all the info over the phone. They did change the bank details but never changed the amount or the date, 4 weeks later we receive a default notice, so wrote to them (sent it recorded delivery after reading that i here) they wrote back sort of apologised and said they would put it right, they never did now 6 months later they are still calling for £438 and on the wrong date, then at the end of Sept received a letter from their solicitor saying they were starting possession proceddings, i wrote to the solicitor explained everything, they wrote back said yes they got it wrong but were still going ahead, so ive written back again to solicitor and natwest saying this is not good enough, we have not been given the chance to pay any arrears becuase they havent put into the system properly and explained the reasons why we went into arrears in the first place and about the amount of times i have written to them over the past 6 months pointing out they are still taking the wrong amount and each time we have been ignored, we have proof of postage for everything. I am still waiting for a reply as we have asked for an adjournment as i am currently very ill and we want a chance to pay the amount every month we are supposed to, any advise would be a great help.

[OLIVE.FAMILY]

Hi there wiccachic. Dont worry the guy on here will do all we can to help. Firstly how much are the arrears in total?

 

olivesxx

[wiccachic]

They are £3,000. They were £1,800 but because of them trying to take the direct debit on the wrong date for the past 6 months we have missed a few more payments as well as occurring more bank charges because of it. They now want £466 a month which again is fine and i have also asked for a paying in book so we can pay extra a month when we have it but still no reply:mad:

[OLIVE.FAMILY]

Sorry about all the questions, but do you have internet banking. I pay my mortagae on line by transfering the funds. So like you say youcan pay a bit more when you have it. You could also set up a standing order which acts the same as a DD. I dont usually suggest this but phone Natwest and tel them you wish to make a payment this way and ask for there account details and see what they say.

 

From what you are saying Natwest have been completly unhelpful and if you keep the letters that say they are going to put things right and keep with a bank statement that prooves that they have not then Natwest are going to look very silly in court.

 

Ell-enn will be about soon and she is fab at this sort of thing.

 

Please do not worry I am sure you will be fine

 

olives xx

[wiccachic]

Thanks. I have copies of all the letters ive sent and bank statements, even the mortgage statement with all the wrong payments is in the court papers!! I have called them about making a payments and they told me to go into the branch, which i did and they were most unhelpful!

[Ell-enn]

Hi there, we have some time before you have to return he defence papers to court (you can do that up to 14 days before the hearing date) so you need to get a letter off to NatWest as soon as possible, if you need help with that just let me know.

 

Do you have anything in writing from them regarding adding the arrears to the end of the mortgage and the new payment amount?

 

Kind Regards

 

Ell-enn

[wiccachic]

Hi Ell-enn, thank you for your reply. Yes we do have a letter saying that the arrears will be added to the account. What should i put in the letter to natwest? I sent one just over a week ago and explained everything, i sent a copy to the mortgage dept, one to their head office and one to their solicitor, as of yet no reply, i know they have received them because i sent them all recorded delivery. They just really frustrate me, they have only replied to one of my letters for the past 6 months.

[wiccachic]

Ive had a letter from natwests solicitor today saying they will not agree to an adjournment but may consider a suspended order if we pay £1,500 by the end of October, up our monthly mortgage payment to £470 and pay an extra £31 on top of that. Dont know how they expect us to find £1,500 by the end of next week.

[Ell-enn]

Hi, their solicitors will always ask for an amount they know damn fine you cannot pay - that way they can proceed to court. However, just because that is what they are asking for doesn't mean they will get possession - far from it. As long as you can explain to the court the reasons for the arrears and prove you are able to make the normal monthly payment plus an amount towards the arrears they will not get possession.

 

In the meantime make the payment you have offered and we will put together a statement for your defence on the N11M form.

 

Take photocopies of all the letters you have sent to them and also all the replies you have had - we will use them in your defence.

 

Kind Regards

 

 

Ell-enn

[wiccachic]

Thanks Ell-enn, its such a horrible feeling that we have to go to court and that they havent really helped matters.

[Ell-enn]

I know - but the judge will be able to see that from your defence when we've finished with it;)

 

Actually the court hearing is nowhere near as bad as you might think. It will be conducted in a private room with just yourselves, the judge and a representative from the other side - there are no spectators allowed (It's just like an office really - with a long table and chairs). The judge will expect you to be nervous and they are usually very understanding and will guide you through the process which should only take 10 - 15 minutes.

 

Try not to worry too much - there's no way the judge will order possession to the lender at the first time of asking when you are able to make your normal monthly payments and an amount towards the arrears each month. You will be OK:)

 

Kind Regards

 

Ell-enn

[wiccachic]

Thank you so much for your advice. What should i put in the defence?

[Ell-enn]

Hi there, I'll draft something for your defence later this evening if that's OK.

 

Ell-enn

[wiccachic]

That would be great, thank you so much

[Ell-enn]

Hi there, just a couple of questions before I finish the statement for Q27.

 

What was the reason for the arrears?

Do you have any children living at home?

 

 

Ell-enn

[jh35]

Hi there,

 

I have the same problems with Natwest and there solicitors, I received a letter dated the 17th October yesterday, Tried to call them to explain that they are giving me only 2 days notice to raise £5631, I am going to try and negotiate with Natwest today. I will let you know how i get on...

[jh35]

Hi again, i have just come off the phone to NATWEST, i spoke to awonderful man, he has agreed to ajourn all procedings, and set up a new plan, offeref me interest only, i have decided to stick to my original payments, keep talking to them till you get the right person, after 6 months of payments my account will go back to mortgage centre and my arrears will be added to my mortgage.

 

Quote what was in the papers yesterday the new legislation it helped massively, as i have had no letters from them trying to come to any arrangement.

 

Keep calling them, if you want the very nice man i spoke to email me, he was so helpful.

 

J

[wiccachic]

Hi there, just a couple of questions before I finish the statement for Q27.

 

What was the reason for the arrears?

Do you have any children living at home?

 

 

Ell-enn

I started my own business last year, then at the beginning of the year i was taken ill with heart problems so being self employed i could not earn very much, we did inform them but once again never heard anything back from they simply werent interested that my earning had gone down, in my last letter i told them i am due to be fitted with a heart monitor when the court date is due and thats why we asked for an adjornment but they refused point blank to an adjornment even though i told them the courts had said we should but the request to them. They have never tried to come to some sort of arrangement with us at all. Yes we 12 year old.

[wiccachic]

Hi again, i have just come off the phone to NatWest, i spoke to awonderful man, he has agreed to ajourn all procedings, and set up a new plan, offeref me interest only, i have decided to stick to my original payments, keep talking to them till you get the right person, after 6 months of payments my account will go back to mortgage centre and my arrears will be added to my mortgage.

 

Quote what was in the papers yesterday the new legislation it helped massively, as i have had no letters from them trying to come to any arrangement.

 

Keep calling them, if you want the very nice man i spoke to email me, he was so helpful.

 

J

Hi,

Thanks for all that info, i have had such a nightmare with them, esp over telephone calls they always pretend they have never had the conversation with me! If you could get his email address that would be great:)

You have given me hope

Wiccachic

[Ell-enn]

Hi there, nearly finished your statement for Q.27 - will post on here shortly. You need to get the form back to the court as soon as possible (hand delivery) in case you can't get them to agree to an adjournment.

 

 

Ell-enn

[Ell-enn]

Hi there, affixed is the statement for Q.27 of the N11M form. In the box for Q27 you need to write "please see affixed sheet".

 

Insert the Claim number and your names at the top of the statement and also where I have put XXX's you need to fill in the information.

 

There are 3 appendices as follows:

 

Appendix 1 - letter from the lender regarding capitalising the arrears

Appendix 2 - your letter to them

Appendix 3 - all other relevant correspondence

 

At the top of each Appendix you need to write the claim number on the top left hand corner and the Appendix number on the top right hand corner.

 

When you have assembled it all together, take a photocopy as you will need that to take to court on the day.

 

Any questions, just shout.

 

Ell-enn

Wiccachic Q.27.doc

[wiccachic]

Thanks Ell-enn that great.

Do you think i should contact Natwest again jh35 has suggested and try to get them to suspend the hearing?

[Ell-enn]

No harm in trying, but make sure if you do get them to cancel the hearing that you get it in writing and even then you should phone the court the day before to check - it's not unknown for them to say one thing and do another and then you end up with a suspended possession order in your absence.

 

You could probably get away with waiting until monday to take the forms to the court, but I wouldn't leave it much longer.

 

Ell-enn

[wiccachic]

Thank you really appreciate all your help

[Ell-enn]

You're welcome