beginning of fight against possession order

[elliesnan]

the strain on the public purse does not apply to us as we have no children at home so thats one argument we can't use!

[elliesnan]

and one other question, shall l take the letter l sent about securitisation and their reply to it? I still think thats the reason they will no longer consider the £30.00 we had been paying

[elliesnan]

ok everything ready for tommorrow. thanks to all who have helped especially Ell-en ( l've tipped your scales bless you) hearing at 10.15 so l will post as soon as l get back. Fingers crossed that we get a judge with some brains!

[Ell-enn]

and one other question, shall l take the letter l sent about securitisation and their reply to it? I still think thats the reason they will no longer consider the £30.00 we had been paying

 

To be honest, the judge will only be able to consider the arrears facts. The lender is asking for money which they are contractually due and you are offering a payment plan to clear the arrears. If you feel you must bring up the issue of securitisation, then please leave it until after the judge has made his order for suspension of possession and your home is safe.

 

Judges have been known to be irritated by defendants bringing issues into the hearing which they (the judges) deem irrelevant to the repossession claim.

 

Until you know a lot more about the subject I think you should leave it for another time.

 

Kind Regards

 

Ell-enn

[JonCris]

I agree Ell

 

I only suggest mentioning only it if they claim before the Judge to have tried to come to an accommodation for you to pay the arrears without success.

 

As it's they who will have opened the door you can then ask them how? as you now know the mortgage has been securitized thereby causing their hands to be tied & unable to offer any relief because of what you suspect are the terms of the SIV contract a copy of which they have refused to let you have effectively denying you the right to see under what T's & C's your mortgage is now conducted

[Ell-enn]

They'll have a hard job proving they tried to help - Elliesnan is taking to court copies of letters from them refusing her offers of payment.

 

Ell

[JonCris]

Well in that case the securitization argument is supported I only suggest using it in court as an aside together with the corre to defeat to shoot them down if they try to come across in court as sympathetic hand wringing lenders

[elliesnan]

Hi all, the repossession order was suspended! The judge was wonderful, she was so obviously on our side she did not think that 7 years was an unreasonable amount of time to pay off the arrears. Any way when we gave our names to the usher the solicitor introduced himself and asked if we could have a quiet word. I felt that it was a good sign and it was ,he said that he would ask for the order to be suspended if we would agree to looking at a little extra towards the arrears after 6 months. We were quite happy with that. when he read that to the judge she said to write to them in say 5 months time and tell them if we could increase it and to equally tell them if we couldn't. She said not to agree to anything that may cause us to default. She was a truly amazing lady, in fact when we came out we both agreed that we had actually rather enjoyed it! lol

[honey5]

thats brilliant news congratulations

 

honey x

[ole]

Congratulations thats great, i have a court date for wednesday, hope i get the same result.

[elliesnan]

good luck to you Ole l hope you get as good a judge as we did

[JonCris]

Well done. This really is great news.

 

I really can't think of anything more worrying than the prospect of losing ones home & now it's over.............. if you drink........... I recommend you go & tie one on:D

[elliesnan]

don't worry we will later lol by the way thanks for your little snippets of advice

[Ell-enn]

That's great news, well done for being so brave. Glad you got the result you deserve.

 

Kind Regards

 

Ell-enn

[JonCris]

Please don't shoot me down but I think the Solicitor representing the claimant may have no small part to play in the result

 

They probably read the file (which doesn't always happen) & though "what the hell's going on here eviction for few grand when the defendants made repeated offers to pay I'm not going to be a party to this nonsense so will offer a solution to the court"

 

I realize for many it's perhaps stretching it a bit but remember it's what happened isn't it

[elliesnan]

Firstly Ell-en l cant click your scales cause it says l must " spread round more reputation " so for the record

ELL-EN ROCKS and Joncris his words were Platform have asked me to ask you so what do you think that was about?

[JonCris]

I suspect that after having read the papers HE advised platform that they could be on a hiding to now't because of Norgan.

 

Also I the last thing they would want to have discussed is the small matter of securitization & it's limiting of the ability to amend contracts

 

Also frankly it was a disgrace that they where prepared to seek eviction over piffling a sum on a property with loads of equity & they knew it

[elliesnan]

yes we have been discussing what may have tipped the scales. l assume they would have seen our defence re the Norgan judgement and the fact that we may have bought up the securitization question but of course we will never know

[elliesnan]

and l would just like to add that although l do not feel competant to offer anyone advice l will try to help anyone in the same situation to never give up hope

[Ell-enn]

But you have the experience of being in court and presenting your case Elliesnan - you would be able to pass that on and re-assure people it is not as intimidating as they first think.

 

Ell

[OLIVE.FAMILY]

Hi there eliesnan

 

I havent posted on this thread but I have been watching with interest.

*********CONGRATULATIONS******

You must be over the moon. I was in court also this year and like Ell-en said everything that you have been through is helpful to people on here. Words of support and engouragement are just as important as advice.

 

Have a fantastic evening, sleep well and enjoy living

 

Olives xx

[TideTurner]

Words of support and engouragement are just as important as advice.

Olives xx

Couldn't agree more

[Goldlady]

So pleased for you xx

[**Tilly**]

Brilliant news really pleased for you

[Bona]

Well Done