Jump to content


2nd repossesion hearing


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4678 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

hi we are at court tomorrow with webb resolutions who want us evicted . we had a suspended order on our home with gmac 14 months ago . gmac have sold our account to webb resolutions. i have 2 children 13/ 20.... my wife is a medically retired asthmatic. 14 months ago i had heart attack from which i recovered and returned to work. but i was victimised at work last august so i walked out or i would have had another heart attack. since then i have struggled to get back in work and have ongoing heart concerns. so i arrears grew again at the begining of april i was offered a new job following lots of trying.. and good recovery from heart problems. so we started to comunicate with the lender again and tryied to set up a new arrangment . they said prove it my new job... so i did .. then they said prove my salary. then i was shocked when they said prove i have a heart condition .i have 5 pills for the rest of my life.. so i proved it .. they said no to new proposal and said we go to court 6th may 10.45 am.. i put in the n244 form to get a hearing and we got abicus ofline a specialist solictor to represent us .. he said he is 99% confident we will be ok .....this is and could be a new start for my wife n family but the lender is causeing undue stress by refuseing to agree. this week in the run up to tomorrow i have had sleepness nights and heart palpatations. from which i have had to use a gt spray.. for the first time ever..... i have had bad thoughts and have spoken to the samaritans and i really concider suicide.. i am a proud man put on this earth to provide for my family and i feel i have failed them..i will not be able to face them tomorrow i cant tell them our home is lost... please what do you think

Link to post
Share on other sites

I'm sorry to hear of your situation and the obvious distress you have suffered.

 

Do you have a copy of the N244 application, if so what was put in Q.10 of the form ?

 

I will move your thread to the repossession forum.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Q10 = Question 10 of the form -

did you keep a copy of what you put in at court?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

should u have .. i handed it in and paid the fee i was told to tick statement of case box... leave rest blank solicitor will prepare case following all paper i sent them

Link to post
Share on other sites

I would have thought the solicitor would tell you to take a copy of the N244 before handing it in to court.

 

So has the solicitor not done the statement yet? is he bringing it to court in the morning?

 

How much have you been charged for this statement of case?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

he will meet me at court half hour before the hearing .. he is representing me he had all my papers he would prepare the case for us and he was confident of a good result following all the info i sent..them

 

we have to pay £450 for representation . in two halfs paid 225 allready...........

Link to post
Share on other sites

If you now have a job and are able to make your normal monthly payments plus an amount towards the arrears each month then you certainly have every chance of success.

 

The judge can consider the case of Cheltenham & Gloucester v Norgan to allow you to spread payment of the arrears over the remaining term of the mortgage if necessary. I trust your solicitor will quote this case law in your statement of case. If he doesn't you should ask him to ensure he does - if he's charging you £450 he'd better be worth it!

 

How much are your arrears? are there any arrears charges added to the account?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

the arrears are 8000.but 3000 are acumilated charges i think.. they charge me for everything not haveing a direct debit set up for sendingg letters allsorts there trying to bleed us dry.........these arrears have continued since the mortgage was owned by gmac

Link to post
Share on other sites

OK, you also need to dispute the arrears amount they are stating - you need to tell the judge that the arrears figure the Claimant is pleading contains charges and is therefore not a true reflection of the arrears situation.

 

Write down the on a piece of paper things to ask your solicitor tomorrow -i.e.

 

1. Has he used the Cheltenham & Gloucester v Norgan case law and S.36 of the Administration of Justice Act.

2. Is he disputing the arrears figure the Claimant pleads due to charges being included.

 

If he isn't using any of the above then you shouldn't be paying him £450 - we could have done your statement of case for you for nothing and the fee you are paying him could have gone towards the arrears.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

so you think what i thought . this £450 could have been avoided.. but we were so worried and makeing us ill . plus we are inexperienced and are probably very gullable. but we just need someone to make this go away to give us a second chance......

 

do you think we have a good chance of keeping our home, and also if the worst case senario we lost our home how long would we get to move out the eviction was set for 10.45 tomorrow. our hearing is at 10 am....do we get a time to find a new place to live...? will the fact i have health problems be in favour..?

Link to post
Share on other sites

I don't think you will lose your home judges don't take people's homes away if they have an income and pay something towards the arrears each month.

 

Do you have evidence of your medical condition to take to court ?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

I'm sure it will be OK.

 

but make sure you write down the points in my earlier post to take with you.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Please come back and tell us your good news :)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

hi .. we won order suspended and the judge reduced our arrears repayments by £100.....its was a horrible experience but its over .. thank u for ur support last night .. i need as stiff drink

Link to post
Share on other sites

Well done :)

 

Did your solicitor include the case law in your statement ?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

no i wrote it all down what you told me to ask .. but he said he didnt need it .... plus he said we could only contest the fees at the end of the loan..... he did mention the cheltnham & norgan... case ...... he just said i had a new job . and struggled because of health reasons.. the lenders solicitor ripped us apart slagging us of like mad i wanted to beat her up .. proper nasty piece........ any way it sound bad the way she was putting it over .and it sounded like the judge was going to go her way.. but in the end my solicitor said he has a new job and a new payment proposal ect ect...so he suspended the order...and said it was ok to pay £100 off the arrears instead of £200 per month.. which is good.. we are just happy that it is behind us and there is some hope for the future new job ect ect........feel rough now took it out of me because i went alone i felt ill very ill. i told them and they could see it ....... anyway im rambling on.. thanks for the chat and ur encourageing words last night......... i will keep this forum thing it is very usefull thing... again thank u ...not sure if ur male or female....x if ur female...

Link to post
Share on other sites

  • 1 month later...

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...