Agreeing a Suspended Possession Order before the Hearing

[trying]

I have a Possession hearing for next wednesday. I think the solicitors will accept a suspended possession order before this time.

 

I'm pretty sure that i could manage a reasonable repayment scenario.

 

Before i do this this, i wanted to hear from anyone who has been in a similar situation.

 

Does the order stop as soon as the arrears are cleared?

What are the potential "tricks" played by solicitors? (the lender is Abbey)

 

The arreas are not a fortune (about £2k) but i dont think i can repay to stop before the hearing date, so, i assume a suspended order is what i would hope for at the hearing anyway.

 

Any feedback very gratefully received

[Ell-enn]

Hi there, did you return the defence forms to the court? if so, what did you put in Q27 as your statement/defence?

 

If you are able to make a payment proposal to clear the arrears in a reasonable time then you will most certainly get a suspended possession order - but you MUST attend the court, otherwise the solicitor for the other side may ask for terms on the order that you know nothing about.

 

Who is your lender?

 

Kind Regards

 

Ell-enn

[trying]

i didnt complete the form as I was of the belief (wrongly) i could clear arrears in time.

 

So, in your opinion, speak to the solicitors acting for the lender who is Abbey.

They have indicated to me in a telephone conversation that if we could agree a repayment plan then the hearing would be stopped.

 

Anyway, if it is not then i should attend.

 

That would be the best option for me you think?

[Ell-enn]

Hmmmm, wouldn't be the first time a firm of solicitors have told someone they would cancel the hearing and then they don't, their legals turn up and get a suspended possession order in your absence. (I don't trust any of them any more!).

 

First thing to do is to write a letter to them, enclosing a budget sheet showing how you arrive at what you are offering to pay each month towards the arrears in addition to the normal monthly payment. It needs to be sent today really by guaranteed next day delivery. Don't make any arrangements with them over the telephone as you have no proof of what is said. If you write, they have to reply in writing.

 

I have affixed a budget sheet for you - you should ensure that the amount you offer towards the arrears each month is the amount left over after everything else has been paid (including the normal monthly payment).

 

If you need me to draft a letter for you, just shout.

 

Kind Regards

 

Ell-enn

Budget Sheet.xls

[trying]

Are you my missing Guardian Angel? Where the hell have you been the last 20 years then??

 

I have filled out the form and been as honest as i can be. I am left after offering to pay them a monthly payment of £95 on top of normal repayment, with £95 (co-incidently) Does that sound about right?

 

A cover letter would seem to be asking too much, but since you asked....

[Ell-enn]

OK, no problem - will let you have a letter on on here in the next half hour or so.

 

When you attend the hearing (and you must, so you know what is going on) we can do a statement for you to take with you to the court to hand to the judge, as you haven't returned the defence form.

 

If, however, Abbey & their solicitors might play nicely when they receive your letter and tell you they have cancelled the hearing (you would need to ring up the court and check that though!!). We've got a week or so, so lets just see what they do......

 

back in a mo...

 

Ell

[Ell-enn]

Just one more thing..... is the mortgage in joint names?

[trying]

No. Just mine

[Ell-enn]

OK, here you go........... affix the budget sheet and send special (next day) delivery. Make sure you keep a copy of the letter and budget sheet and check on Royalmail website in a couple of days to print off the signature receipt. Keep them all together safe, as you may need to prove they got it!!

 

Any questions, just shout.

 

Ell

Trying 6th Jan 09 letter.doc

[trying]

Thank you so much. This will be registered tommorow as i dont have full details of arrears & case number etc with me at work.

 

i will keep you informed of any response

[Ell-enn]

You don't need the arrears and case number - you are sending a letter to Abbey's solicitors (not to the court!) asking for them to consider your offer - send it today with the budget sheet.

 

If it goes to court we will do a statement for you to take with you.

 

Ell

[trying]

Just to confirm that the letter and budget sheet was all sent. I am tempted to chase this up on Friday afternoon

[Ell-enn]

If you sent it yesterday, check on the Royalmail website tomorrow to see if it has been signed for (and print it off). If it has, you could ring them on Friday and see if they have a decision.

 

If not, I will draft a statement for you to take to court with you on Wednesday to hand to the judge - I'm confident you will get a suspended possession on the payment terms that you have offered:)

 

Ell-enn

[trying]

Hi, I have received a response.

 

The good news is that they have accepted the repayment offer.

 

The not so good news is that they want to continue with the court proceedings.

If i can just quote the letter:

At the hearing we will seek a possession order suspended upon the terms of the agreement we have reached.

We will also seek an order in respect of the whole amount due to our cleint at the date of the hearing.

The order will not be enforced as long as you continue to make the agreed payments.

 

They go on to say that when i make 6 consecutive payments, they will look at adding the arrears to the account and return to their client.

 

 

I have a feeling you may not be happy with me agreeing to this. My concern is that they then decide not to accept the re-payment proposal.

 

Would obviosly be very keen to hear any thoughts.

 

Thank you in advance

[Ell-enn]

Hi there, I'll be back in a bit - got a meeting to go to....

[Ell-enn]

Hi there, the good thing is that they have agreed to a suspended possession which will make things much easier for your in court.

 

As you did not return the defence papers before the hearing we can do a statement for you to give to the judge, and I can help you with that.

 

The main thing is you know before you go to court that you won't have a fight on your hands to save your home - and that's all that matters...

 

Please let me know if you would like me to draft a statement.

 

Kind Regards

 

Ell-enn

[trying]

OK, so what you are saying is that their agreement is pretty standard for this type of thing.

 

they have asked me to sign my agreement. Should i do this prior to court

[Ell-enn]

Yes, it's quite usual for a lender to come to an agreement before the hearing - and if you can get their agreement it makes the hearing easier as there will be no argument over terms.

 

I can't see any reason not to sign - that's the agreement the court are going to order and if you are confident you can keep to the arrangement then there should be no problem.

 

Take a photocopy of the letter after signing it and we can attach that to your statement for court.

 

Ell-enn

[trying]

OK, will do.

 

If you could provide a statement, it would be much appreciated

[Ell-enn]

No problem, I will do it this evening when I get home.

 

Ell-enn

[trying]

Thank you very much

[Ell-enn]

Hi there, affixed is your statement for court. You will need to insert the information at the top where I have put XXX's (obviously remove the XX's).

Print out and sign.

 

You then need copies of the letter and budget sheet you sent to them and also a copy of their letter agreeing to your proposal. At the top of each of these copies write the claim number on the top left hand corner then for your letter and budget sheet write Appendix 1 on the top right hand corner and for their letter write Appendix 2 on the top right hand corner.

 

You now have a set of:

 

Signed Statement

Your letter and budget sheet - Appendix 1

Their letter agreeing to the proposal - Appendix 2

 

 

You will need two further sets like this - one for the judge, one for yourself and one for the representative of the lender.

 

You should get to court i plenty of time and ask the court usher if he/she will put your statement in front of the judge before your hearing. If they can't do that you will be able to hand the judge the statement in the hearing.

 

I have also affixed the info o Cheltenham & Gloucester v Norgan case law which we have quoted in your statement. It's just for you to read, do not give attach it to the statement you give the judge.

 

Any further questions, just shout.

Trying Statement.doc

Cheltenham & Gloucester v Norgan.doc

[trying]

You have been quite brilliant.

 

What an excellent thing you do here. Thank you very much. I will of course report on the outcome. Dreading it actually.

 

Can you just confirm the bottom bit regarding the Cheltenham & Gloucester v Norgan case.

 

Bit of a typo. Are you saying do not give it to judge and "dont" attach it to statement?

[Ell-enn]

Sorry about the typo - what I meant was that the Norgan case law document is for your reference only - not to be attached to the statement. You should read it and take it with you along with your copy of the statement. It has been known for judges to ask defendants if they know what the case law is about (doesn't happen often, but best to be prepared). If you gave it to the judge he might take the hump! they're supposed to know case law lol

 

Ell

[trying]

Just out of interest. How long should it take?

 

I'm not in a hurry but just want to know if its a 5 minute thing (i hope) or longer.

 

Also, what should i wear? Very smart or just casual. That may be a very silly question. Apologise