Reposession hearing in 2 days (Wed)

[john22]

I have just discovered that I have a hearing on Wedsday. I am stuck in another country, with no passport (sent off for renewal). I am too late to submit a defense via PCOL (Possession Claim On Line) which requires minimum 5 days.

 

I plan to put a defense together today and fax it over for inclusion at the hearing, if this is allowable?

 

Some phrases in the banks Witness Statement are difficult to understand:

 

"Court make an order that

i The defandants do:

(a) give the claimant possession of the property

(b) pay the outstanding arrears

ii Judgement be entered against the Defendants for the total amount outstanding under the mortgage."

 

It seems they want possessions, all the arrears, and a full mortgage repayment. Ideally I would like to pay just the arrears.

 

I am very fortunate in that relatives will help so I can pay the arrears in full, within a month. I am in a job. I am in the process of trying to cash in an endownment policy that I don't need, but this is taking many weeks longer than expected.

 

The mortgage is a secured loan, that was sold in October 2005, with compulsory income protection insurance. I needed to find a new job a year ago, and was 3 months without work, but the overseas fixed length contract work meant I was not covered. The loan is variable rate, and I am being charged 11.5% inclusive at the moment.

 

I was told by the salesman that the rate would rise and fall with bank rates, and that rates needed to remain competitive to attract new business. The unit has now closed to new business!

 

How detailed should my letter to the court be? Is there an example of one coutering a reposession claim?

 

The loan is regulated under the Credit acti 1974, and I wondered if it was worth asking the court to look at the interest rate, given that the protection I pay is useless?

 

Any pointers appreciated.

[Ell-enn]

Hi there, you need to enter a Witness Statement detailing how you are intending to clear the arrears.

 

When are you able to make payment of the arrears and would you be able to prove you have the funds to do so.

 

Alternatively you could offer to pay extra on top of the monthly installment to clear the arrears (there is case law you can use to support that - and you would need to attach an income and expenditure statement to show how you are going to do that) which would give you time to get the full amount of the arrears together.

 

If you need help with writing the statement, please let me know and I can draft a template for you.

 

Ell-enn

[john22]

Thanks Ell-enn for the reply.

 

So I should concentrate simply on showing my ability to pay, and not get distracted about details like the insurance not paying out. My wife has savings, and thankfully I have a stable income. I have form EX104PCOL sent by the court.

 

Do I need to say, explicitly that I don't want the claimant to get a possession order?

 

It would be useful to have a template wording to stop the posession bit.

 

So I write my witness statement, and fax it over, signed by us both, with bank statements.

[Ell-enn]

Hi, can you give me 30 mins or so and I'll get back to you? I'm just cooking dinner.

 

Can you confirm what you are actually offering the court? are you saying you can pay the total arrears or will you be asking them for a payment arrangement i.e. a sum each month towards the arrears on top of the normal monthly payment?

 

Once I know what you are offering I can let you have a template witness statement.

 

Ell-enn

[john22]

It would be a payment arrangement that I was after. I could pay off arrears in 3 months. Thanks again. Sorry I am replying so late.

[Ell-enn]

OK, you're going to have to send a budget sheet in with the statement - I've affixed the one we normally use. When filling it in you need to remember that the amount you are offering towards the arrears each month in addition to the normal monthly payment should be the amount left over after everything else has been paid.

 

I will draft a witness statement for you but need a bit more info:

 

Is the mortgage in joint names? if so, can the other party sign before faxing to the court?

 

Do you have any children living in the property?

 

What was the reason for the arrears ? (the judge will want to know)

 

Ell-enn

[Ell-enn]

Is your wife able to attend the hearing?

[Ell-enn]

Sorry, the budget sheet didn't attach - it should be affixed to this post now

Budget Sheet.xls

[Ell-enn]

Are you still there?

[john22]

The mortgage is in joint names. My wife and 2 small kids 4 & 6 live there, plus one lodger, me when I am in the country. My wife is not able to go. A new central heating system eventually tipped us into 3 months arrears, then a mix up in payment instructions, partly their fault not supplying details I asked for, then I never followed it up ignoring things, that caused it to go over the edge.

 

This is a second mortgage, the first mortgage was in arrears until some of the payments that should have gone on the second one brought the first up to date.

 

Thanks for the budget sheet. It opened nicely in the last post.

[Ell-enn]

Hi there, affixed is the defence statement. You need to fill in the details where there are XXX's.

 

On the budget sheet you need to write the claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

You should send with a covering fax and ensure you get a printed record of receipt.

 

Any questions just shout - I will be going off line in around 10 minutes.

 

Don't forget to let us know the outcome.

 

Ell-enn

John22Defence Statement.doc

[john22]

Looks great. Thanks so much. Will keep you updated.

[john22]

I phoned the court yesterday asking the listing manager to re-schedule. Not possible without a judges consent. So I phoned the claimant asking them verbally to withdraw or adjourn. No reply, but their solicitors put the question to them. So yesterday I faxed in my defence (thanks for the help). This morning the claimant phoned and verbally asked me for a repayment schedule and I verbally agreed to the monthly payment plus 400 monthly towards arrears, and a suspended possesion order.

 

In my defense, faxed yesterday, I proposed 450 monthly.

 

We will see what happens next.

[john22]

The final result was that a suspended possession was granted, on terms that I pay the agreed (400) in addition to the monthly payment.

[Bona]

great newa hope you can cope now and move forward

[Ell-enn]

Good result, hope things work out for you.