HSBC possession papers

[40something]

Hi, I am frantic with worry and after many hours reading through all these posts (which has been really useful), I thought I'd better start my 'story' as I had a big pile of papers from HSBC this morning, (N5 etc) after they told me they would be 'reviewing the case' after many, many letters and proposals to get back on track. But it seems they have gone ahead anyway..

 

In brief, this is my situation:

 

Mortgage outstanding 232000. Current arrears about 10K

Reason for arrears is made redundant, PPI kicked in for a year, then fell behind again due to lack of suitable job etc etc..havent been able to pay since March and they have agreed to my proposals for starting again at the end of May.

 

The bank have been very contradictory in the way they are handling this, when in March they said that they would look to capitalise the arrears, then the very next day phoning me to tell me that they had 'made a mistake' and they now wanted a suspended possession order as 'protection', as I have been in constant communication with them ever since arguing that they keep changing heir minds etc. I keep updating them at every opportunity, and the latest I have from them is confirmation that they are happy to accept the normal payments plus 200, which they agreed verbally as well, but still want to apply for a suspended possession order, but if they did that they say that the arrears cannot be capitalised whilst in place.

 

So... a couple of questions to start if someone could be so kind...

 

As thay have written saying that they require a suspended possession order, will that indicate to the DJ that they do not request possession, and that a suspended order would be granted?. All the paperwork just says 'possession'. Would that be a good defence?

 

As they are also saying that because they decided to go this route after all, and therefore they will not be prepared to capitalise, would it be a defence for adjornment quoting the Norgen case?

 

I read somewhere that they are supposed to look at all ways to avoid litigation, and we have come to an agreement prior to this... would that make a difference?

 

Oh, a final bit... they state that they sent a 'letter before action' last June.. BUT they admited at thetime (and so did their solicitors - Shoosmiths, that that was issued in error and to disregard completely. Is that in any way significant?

 

Well feels a tiny bit better to get that off my chest, cant think very straight, so hope it makes sense. (BTW the letter accompanying the papers says that the court will be issuing a date, is that when I get the defence forms?

 

I have written to the bank again today, as they had replied saying they were investigation my formal complaints last week, so I didn't expect this at all, and I am now asking that they halt proceedings in light if that.

 

Many thanks to anyone who can help.. I don't think I've seen a case on the forums with HSBC, so hopefully they are not as bad as some?... here's hoping....

[40something]

Just 'bumping this up' in case everyone had forgotton me!... just paniking more as the hours go by..... many thanks

[Ell-enn]

Hi there, sorry you've had to wait for a reply.

 

Have you actually got a date for a court hearing for possession? Don't panic, we will be able to help you with any defence papers etc. Have a read around this forum and you will see that there are many others who have been in similar situations to yours and kept their homes.

 

Kind Regards

 

Ell-enn

[40something]

Hi. So pleased to hear from you. No date. I just got copy documents from the solicitor saying that the court would be in touch with a date (there's no date on the N5 Form). Is that normal?.

[Ell-enn]

Hi, you will get some papers from the court soon with a date for a hearing for possession. You will then need to fill in the defence part and return to the court. We can help you with that, so try not to worry too much.

 

In the meantime gather together all correspondence from HSBC and put in date order, we will probably need to send copies of it all with the defence papers to show you have been trying to come to an arrangement with them.

 

Kind Regards

 

Ell-enn

[elliesnan]

Hi 40something, l'm subscribing to your thread as we are in the same situation we have a possession hearing at the end of June

[40something]

Does anyone know....

If the lender has told you that they will be applying for a suspended possession only (and in writing), is the paperwork the same anyway?.. ie would the N5 still say 'possession'. Further worried as the last letter promising suspended is dated prior to the issuing date of the paperwork

 

Anyone help on this please. It would be a little bit more reassuring if the outcome of the hearing was known in advance (assuming the lender 'keeps to their word')

 

Many thanks

[Ell-enn]

Hi there, if your lender has confirmed in writing that:

 

a) they accept your payment proposal

b) they are only applying for a suspended order

 

then there is no way a judge will order possession. You have an agreement in place and unless you default on the agreement you will stay in your home.

 

In the meantime carry on making payments as you have promised and you will have nothing to worry about.

 

I hope this reassures you.

 

Kind Regards

 

Ell-enn

[40something]

Hi Ell-enn

 

I wrote on the forums a while back regarding action by HSBC (cant find my posts now!). I have the hearing date on 21st July. I thought I would be 'OK' filling in the forms (esp Q27) but I am having a case of the 'panics' and wondered if you would be so kind to help me for this one?... I dont know quite how to put down my history of the situation to look favourably for a suspended possession... Situation is:

 

Arrears amounted due to redundancy 2 years ago then paid for a year by insurance, then struggled to maintain payments due to self employment income fluctuating, culminating in no payments since Feb11th. However the bank were kept fully informed of the situation and agreed to an exra amount of £200 on top which they say would start in May (although no written confirmation). I did not start my new job in May as planned, so again payments missed, however I HAVE now started a new full time position and I have sent revised proposals to their solicitors for £250 extra per month starting end of July on top of the resumed std payments, again starting end July (I have sent full inc/exp plus proof of job). This is affordable with my new salary. My wife has also secured a permanent position and we have sorted childcare to cover her working too (we have 4 children, 4 yr old twins and 12/13 yr olds. Twins start local school Sept - do I mention all this?). The arrears are now at about 12500. Mtg of 235000. no equity.

So sorry if this is all long winded, but I really have a pounding head and beginning to really get worried, as the bank now have said they want full possession unless I pay 4500 immediately (I cant) Do you think that the judge will accept our reasons and look 'favourably' now that I have secured a permanent income?.

I would so appreciate some help with wording if at all possible!. Many many thanks

[Ell-enn]

Hi there, I'm on it - will draft statement for Q.27 and post later today. Don't think you have too much to worry about - very unlikely a judge would give possession at the first time of asking - plus your employment situation has changed for the better and you have young children at home. You should be OK:)

 

Kind Regards

 

Ell-enn

[Ell-enn]

Hi there, just a couple of questions before I finish the text for Q.27.

 

Is the mortgage in joint names?

 

Do you have a copy of the letter and budget sheet you sent to the solicitors?

 

Kind Regards

 

Ell-enn

[40something]

Hi there

 

Yes it is in joint names with my Wife. I do have the copies. I have received a reply just now via email from the solicitors agreeing to an offer of 250 in addition to the standard payments and first payment to commence on 30 August and on that basis thaey will apply for a suspended order. I have asked for final confirmation that I can recommence payments from Aug 30th on that basis. Thanks again. Do you want me to PM those copies?

[40something]

Hi again

 

I've edited out personal details and attached. Hope thats OK?

SS040708edit.doc

[Ell-enn]

Hi there, that's good news. Print off the email and we can affix it to the N11M form - write the claim number in the top left hand corner and Appendix 2 on the top right hand corner of the email. You will also need a copy of your letter and write the claim number and Appendix 1 on it.

 

It's unlikely that the text for Q.27 will fit in the space provided on the form, so write "please see affixed sheet(s)" and then print out the following text onto a plain sheet. Put the claim number (top left) and your names (top right), then affix the sheet and Appendices 1 & 2 securely to the form. Take a copy of all of it for yourself.

 

If you are posting the form then send by recorded delivery, alternatively you can take it to the court office yourself.

 

Here is the text: (insert your names where I have put XXXX's)

 

 

Any questions, just shout.

 

Kind Regards

 

Ell-enn

[40something]

And their reply edited. Hope this makes some sense!. Many thanks for your time!

sols reply1070708edit.doc

solsreply2edit.doc

[40something]

Just to report that I had a really good experience today at the court. A very helpful and reassuring CAB lady did all the talking for me and the very friendly Judge was non judgemental and understanding, then talked me through what a SPO meant.... and that was it.. total 5 mins and huge weight lifted. I just could not believe the stories of how many people just don't show up and get a possession order granted in their absence... there were about 18 hearings listed today... scary stuff.

So just to reassure those going through the same thing... please take the advise and reassurances of these wonderful people on this site and fight for your right to stay in your home (if that's what you want!)

 

Very special thanks to Ell-enn... what a help and most importantly reassuring and kind words... can't thank you enough

[Bona]

Really glad things went Ok for you today

[sillygirl1]

As long as you keep paying them you should be okay, as soon as you scent trouble, write to the courts, copying the mortgage company in and ask for a hearing due to change of circumstance, if you act before the mortgage company the judge again should be favourable.