repossession hearing 9th may

[ananya]

Hi sunnygill, just wanted to offer my support and to let you know we're all here to try and help and will be thinking of you.

 

We had a repossession hearing last week and thanks to Ell-Enn's help and advice, it was suspended and we got what we wanted in terms of the arrears repayment, not what the other side wanted! The DJ was very impressed with all the supporting documents we had with us, apparently so many people turn up with nothing.

 

Good luck

[gkerby]

I've just recieved a letter from a team of solicitors giving me a court date (1st June) for repossession due to arrears of £2903.64 (yet the Halifax say it's £2510.30). I've filled out the letter on page 10 of that link. Who does this letter go to? Is it the bank, solicitor or the court? My head is done in at the min.

[Ell-enn]

You need to send the letter to the lender with a copy to the solicitors - send by recorded delivery and keep a copy for yourself together with the receipt for posting. (presume you are making an offer of payment to clear the arrears?).

 

You have some time yet before you need to send anything to the court and you will need a copy of that letter to go with your defence. We can help you with a statement for court.

 

How many months arrears are there? how much extra are you able to offer each month towards the arrears?

[gkerby]

Thanks for that. Yes I want to try and clear the arrears (about 6/7 months worth from what I can work out), but the ressession has killed our café. Takings have gone from £120-150 a day to £60 a day. We are hoping to sell up and pay the arrears off but we need a period of interest only payments. We should still be able to manage to pay £150 a month off the arrears.

[sunnygill]

hi as you know we have the court hearing on the 9th may, which is in 2 days time. Thanks to Ell-en we have prepared the court statement and the budget form. I am just wondering as we will be in a court in front of a judge are we in a position to ask or request anything else?

1. to clarify our current mortgage is on an interest only product, we do want to change this to a repayment. Although we are aware that the monthly figure will be much higher we dont want to pay interest only anymore as all the money we pay every month does nothing to making the property ours.

2. Also, the arrears of £22,000 have late charges and fees added to the figure, so are we able to ask the judge to remove these added fees?

3.Thirdly, can the arrears be paid and spread over the 22years left on the mortgage?

4. Are we able to change mortgage product with the arrears still on it?

 

I know this might not be possible, but its got to be worth asking the big man who makes all the decisions??

[Lea_HTH]

1. This is between you and the mortgagee. Judge has absolutely no jurisdiction and most likely won't be interested.

2. The judge will want to know what the actual arrears are, without charges, so calculate this accurately to show him/her. The judge has jurisdiction to remove the charges from the alleged arrears, but not from the account - you will have to challenge the mortgagee directly about this.

3. Yes, they can, but Norgan is only a starting point. You should seek to repay the arrears as quickly as you can as any order made will exist until they are cleared - in addition, you will find it extremely difficult to change to another mortgage product with arrears on your account.

4. Nothing to do with the judge and he/she won't be interested, see point 3.