Repossessions

[Ell-enn]

Excellent, take three copies of everything then (and the budget sheet). Are you able to be online tomorrow? I will have finished the statement by then and we can check everything is in order.

 

You can email me at [email protected]

 

Ell-enn

[Jane1960]

Yes i am able to be online tomorrow,I am doing the copies now & fine tuning the budget sheet,I know i have said this before but I just cant thank you enough,Thankyou for your time Ell-enn

[Ell-enn]

No problem, happy to help:)

[Jane1960]

I thought i could send email but i am using my sons MacBook & i cant send emails from this i dont know how to,it's just so frustrating,he's not around this weekend.

[Jane1960]

Hi Ell-en,Did you receive my PM

[Ell-enn]

Hi Jane, affixed is your statement.

 

You now need to:

 

1. Enter the information at the top where I have put XXX's (and obviously remove the XXX's), and also where I have put XXX's for your husband's name. Print out 3 copies and sign.

 

2. On the copies of the budget sheet you need to write the claim number on the top left hand corner and your names on the top right hand corner.

 

3. On the copies of the letters you wrote asking for help and the ones you received refusing help - write the claim number and your names in the same way as the budget sheet.

 

4. On the copies of the letter regarding paying the £75.00 to go interest free and also on the copies of the bank statement showing the payment write the claim number and your names as above.

 

When you have done all that, make up three sets - Statement, and Appendices. Ensure each set is securely stapled.

 

Any questions just shout.

Jane 1960 statement.doc

[Jane1960]

Hi Ell-enn,

it wont let me open attachment keeps telling me to log in,which i do but cant access it,Help!!!!!!,.

[Markiemark1]

Very interested that you've only received the Notice of Hearing...did you not receive the Claim Form and the actual particulars of claim. I would argue if I was you that with the Claim Form not being served then they lender is not entitled to a possession order. Would be helpful to actually see the forms. I will do some reading of the CPR tonight to make sure I am absolutely right, but I have had two claims where I had possession claims adjourned when I acted for the Defendant in similar circumstances. I'm wondering if the claim form was issued using PCOL....i.e. does the claim no start with a number (8 or 9 usually) followed by PC?

[Jane1960]

Hi,Thankyou for your advice,i told Ell-nn exactly what we had received further back in the posts,I have just found At the top of the witness statement Claim No 7PC

[Ell-enn]

Hi there, just a little advice for tomorrow:

 

Get to the court early - most courts open around 9.30 with hearings starting at 10. You need to approach the court usher (don't worry, they're usually very understanding and polite). Explain that you didn't get any defence papers sent to you and you took advice at the last minute, therefore would he/she please put your statement in front of the judge before your hearing.

Don't worry if they say they can't - you can hand it to the judge at the hearing.

 

I know you are not due to be heard until 12.30 but after delivering your statement you could go for a walk round to pass the time. Make sure you are back at the court in plenty of time though....

 

The hearing will be held in a private room with just yourselves, the judge and a representative for the other side. You will sit around a table, or in front with the judge on the opposite side. As it is the lender's claim the judge will speak to them first, then come to you. If you haven't been able to get your statement in before the hearing you should say "Sir(or madam) may I give you this statement with our proposal for payment of the arrears. The judge will guide you through the process and you will find that he/she will be aware of your nervousness and make allowances. Speak slowly and clearly and take your time, he/she will understand. The whole process will only take around 5 minutes and you will soon be outside knowing your home is safe.

 

Above all stay positive - and don't forget to tell us your good news as soon as you can.

 

Kind Regards

 

Ell-enn

[Jane1960]

Thankyou Thankyou Thankyou,Just one more thing,Do i staple the statement to everything else or do i give it on its own,x

[Ell-enn]

You staple the budget sheet and Appendices to the statement - you need three sets like that - ie. each set should have:

 

The statement

The budget sheet (Appendix 1)

The letters (Appendix 3)

The statement showing the £75 fee paid

 

One set for the judge, one for yourselves, and one for the other side (only if they're nice to you lol)

 

If the representative from the other side asks to speak to you before the hearing you have the choice of saying no. However, some of them can be very helpful and if you tell them what you are proposing they will agree that is ok and not oppose it in court. However, some of them are newly qualified legals who can be arrogant, and try to dent your confidence - if that is the case, tell them you would rather leave it to the judge to decide and then walk away.

 

You will be ok you will find it's nowhere near as bad as you imagined.

 

Ell

[Jane1960]

only me again,the pest,As our hearing is for 12:30 what time do you think we should be at the court Ell-enn.

[Bona]

Allow yourself plenty of time and be there at least half an hour before hearing

[Jane1960]

Ok,thankyou.

[Ell-enn]

Hi Jane, if you can get there for when the court opens to deliver your statement that would be best, then as Bona says you should be back there by 12 noon for your hearing at 12.30.

 

Stay positive - you will be ok

 

Ellx

[Jane1960]

Oh my god,Thanks to Ell-en we got our repossession Suspended,All your help was what did it we could not have done it without your superb direction,The Solicitor for the other side was running around like a headless chicken,Paperwork missing,waiting on a call from Redstone for over an hour because he did'nt Have the facts,The Judge put him in a very difficult

position because of Redstones lack of information.With your help Ell-enn i was more confident than i had ever been,The Judge even complimented us on our Knowledge of the Cheltenham & Gloucester v Norgan case,to which i raised my eyes to the heavens & whispered Thankyou Ell-en,You are a true Angel,Thankyou so very much.

[Bona]

Great News I was wondering how you got on

[Jane1960]

Thankyou Bona for thinking of us,today is a good day,at long last.Thnkyou.

[Ell-enn]

Fantastic News!

 

I'm so pleased for you - well done for being brave.

 

I sincerely hope you can now relax, knowing your home is safe:)

 

Ellx

[jansus]

Well done - so glad it went well for you:).And shame on Redstone for putting you through the stress of going to court without even being organised:(

 

 

Jan

[Jane1960]

Thankyou Jan,My gosh you dont realise how many people are going through the same stress,because of these Sub prime Lenders,It is frightening,I just wish all these people that are having problems, success with theirs.It truly is a site that i would never ever thought existed if i had'nt been frantic with worry.

[Ell-enn]

Sadly, there are many many people who were like you, frantic with worry, but just don't know where to get the help they need to fight the repossession. If they don't have internet access and are too embarrassed or scared to go to the CAB they just don't turn up in court and therefore they lose

 

I'm sure you will have seen the list of cases in court when you were there yesterday - how many do you think turned up to defend? I could weep when I think about it...........

 

Ellx

[ukaviator]

Well done, great result .. .

[GLADSTANES]

Delighted to hear the news.

 

Another victory for common sense and once again Ell-enn's brilliant guidance and help.

 

"Never give up, never give up, never never never." (W.S. Churchill)

 

 

Gladstanes