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Skins08

Possession Hearing next week - HELP...!

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Hi everyone, I hope someone can help… A friend has had repossession proceedings started against her by Barclays/Woolwich. The hearing is set for 1st August and I’ve been helping her by writing all the letters to Woolwich and their solicitors trying to get the full picture and making offers to them.

Briefly the mortgage was taken out in 2004, all payments on time until Oct 2009 when her work virtually dried up (she is self-employed). She was in touch regularly with the Woolwich - but unfortunately these contacts were all by phone and she was told as long as she made the effort to pay something each month there would be no problem. Her bookkeeper tried to talk to them in March this year to try to get some sort of reduction by reverting to interest only or even a mortgage holiday for a short period until her work picked up again. The answer was a definite “No”.

Her work has now picked up and she has made several payments – despite this the case has been passed to their solicitors who have taken repossession action.

When the letter arrived stating that she would receive the court summons, the solicitors included a computer screen printout of the last 2+ years statements and I noticed that her contractual repayment of principle + interest had reduced to about £320 from July 1st . I queried this sudden drop of about £100 per month and eventually received a letter stating that she had been on a fixed rate mortgage for 5 years and that it had just reverted back to their current rate.

I have sent a SAR to Woolwich to try and obtain all information regarding this and transcripts of the phone calls which were supposedly recorded. However time is running out…

Do I fill out a N244 to apply for an adjournment to give them more time to clarify the amount of arrears (They are saying around £3000) but I do not recall there ever being any fixed rates for 5 years – and the mortgage started in 2004. Unless they put her on a fixed rate in 2006 this doesn’t compute. She cannot remember what the deal was.

If she was on a 5 year fixed rate and she has got the arrears they state – she is now in a financial position to pay the contractual amount plus around £40 pm off the arrears. This has been offered (and paid for the last 2 months) but basically asking them to clarify the exact amount of arrears first.

What do I do?

Any help greatly appreciated

Thanks

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Yes Skins I would certainly apply for an adjournment to a later date if there is a query about the level of arrears. You wont need to fill in an N244 because the hearing date has already been set and so the information can simply be presented on the day.

 

You say she can now afford to pay the CMI plus £40 a month and has done for the last 2 months This is a very good sign. Is the £40 in line with the Norgan calculation? or is it short of Norgan? this is a big point. If it is Norgan compliant or more then you can ask for the case to be adjourned generally and sort the arrears sum out in your own time before asking them to capitalise the arrears further done the line.

 

Also you do not state how much equity there is in the property. If there is quite a few quid in there then the banks investment isnt under serious risk and she has 2 good month's payments to prove her finances are stabilising. If she can afford the CMI plus Norgan then that should bring it into line with the judges discretion under Section 36 of the Administration of Justices Act 1970 and they can adjourn, suspend, strike out etc.

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Hi there, have you returned the N11M defence form ? if so, what did you put in the statement at Q.27. If you haven't returned the form we can help you with a statement to take to court before the hearing - you will need copies of relevant letters sent to the lender requesting information or offering payment. Also, proof of the recent payments made which include the £40 arrears payment.

 

If you can clarify the above we can help with a statment.


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Hi

Sorry so late replying - just got in after a very long day working...

Thanks for your responses - Here are some answers to your questions:

Current value about £120,000

Outstanding (including arrears?) about £58,000

Barclays linked flexible overdraft about £8,900

I'm not sure how the Norgan bit works, but contractual minimum payment has just reduced to £316 from £409 last month and their solicitors say that if she pays £316 plus the interest on the overdraft (about £36) and a sum towards the arrears they will consider it.

We are waiting for proof that she was on a fixed term of 5 years of 4.99% - if this is forthcoming she is happy now to accept the arrears and charges and pay the necessary. But she does not remember ever accepting a fixed rate for 5 years. If this was not so she has virtually no arrears.

Ell-en, we haven't sent in the defence statement yet as we were still waiting for a response from Woolwich regarding the 5 year term and to why they refused to allow any reduction at all due to her hardship at the time. I can email you copies of all the letters I have sent on her behalf if you let me have your email address. I really don't know what to say yet as we don't seem to have all the information we need to prepare a defence. I really would appreciate any help and advice for the case on Monday - thanks and regards

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OK, you should really try to get a defence handed into the court by the end of this week so the judge has it before the hearing starts. If you do not have all the information you need then you need to say so in the defence. There's no need to fill in the N11M form, you can take a written statement detailing the offer of payment with affixed supporting documents i.e. the letters you have written. I can help you with the statement if you need me to.

 

If you want to email you can send to me at Ell-enn@consumeractiongroup.co.uk


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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.

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Hi to all and many thanks for your advice....

Hearing was this morning - lasted 2 minutes - adjourned for 28 days.

That is what we wanted.

Will keep you informed

Thanks again

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well done.

I'm there next Monday with Woolwich/TLT..

Seems like they don't want to listen or help at all..

more or less same situation as you, glad you got the result you wanted for now.

 

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