'Lewis' Field representative visit on CCJ/CO Northern Rock Shortfall

[Mr Worried]

Hi All

 

Is there a difference between a court hearing for Possession and / or Repossession its probs a silly question and I know the answer but I ask because I have just recieved some paperwork re my court appearence on Monday 6th Dec, hence the title O M G.

 

Mr Very Worried at the momment however I am sure that will change in the next few hrs.

[sillygirl1]

I think a hearing for Possession is when they decide when to repossess you, either way you have a right to attend, challenge the figures and put your defence, especially if you have young children who will be affected by changing schools midway through the shchool year.....

 

NMR are known to be aggressive on repos, and you can also argue that their business model was not designed for them to have mortgages going the full term. There is some case law on this now but can't remember the name.

 

Good luck. PM me if you need to sound off....

[Mr Worried]

Hi SG

 

This is so much more hassle than I expected, and all because of the mail recieved, so basically they could get possession and a date to evict?

 

 

 

I think a hearing for Possession is when they decide when to repossess you, either way you have a right to attend, challenge the figures and put your defence, especially if you have young children who will be affected by changing schools midway through the shchool year.....

 

NMR are known to be aggressive on repos, and you can also argue that their business model was not designed for them to have mortgages going the full term. There is some case law on this now but can't remember the name.

 

Good luck. PM me if you need to sound off....

[Mr Worried]

Hi All

 

I have eventually got to speak to the courts re Adjournment, they say get something in writing today and maybe a judge will adjourn, if not then first thing Monday he may he may not.

 

The only grounds I have for an adjournment will be that NR have not responded to my request for a arrears breakdown, and that I have only recieved possession papers today, although I knew I was at court,

 

Maybe some of this is my fault as I thought it would be a simple defence ( NR Advice ) they told me they wanted to secure an order so that in the future if I missed a payment then they could take the house of me?

 

Basically what do you think is best way forward so I can implement and be able to sleep. I dont mind facing this head on, on Monday but just feel it needs tweeked?

 

Mr..erm... Worried

[Mr Worried]

UPDATE

 

Just reading through POC and it states arrears are £2938.00 and on an account summary it states £925.07. are solicitors charges? for being instructed to take action? all the paperwork has different figures?

 

 

On the POC in the last sentance it says...In view of the ammount of arrears herin that have accrued due I ask this honourable court to make a full order for possession against the defendants and the money claim adjourned generally with liberty to restore.??????????

 

Any Ideas

 

Mr W

[MARTIN3030]

Flagged for team Mr.W.

Please bear with us.

[Mr Worried]

Flagged for team Mr.W.

Please bear with us.

 

Thanks so much 3030

[MARTIN3030]

Mr.W-just to let you know we didnt forget.

Ell-en has been unavailable due to commitments,but I understand will try to take a look on her return.

[newstarter]

Sorry, i missed this thread completly,right ajourned with liberty to restore,this order is made where the judge makes no final decision about the possession claim,instead the whole claim for possession is suspended unless either you or the lender ask for it to be restored for another hearing,many judges will ask for the claim to be dismissed after about a year if no side asks for it to be restored,so in short N.R,s reps are looking for a suspended possession order on the condition you keep up an agreed payment plan with them.

[Mr Worried]

Hi News starter

 

Music to my ears, but are you sure? I have been to court twice before re a secured loan on the property and got is susspended on both occasions.

 

I just feel nervous about tommorow at 3 pm, NR told me that they would want an order so that if I missed payment then they could repossess, just as you have explaine within your reply above?

 

Hi 3030 I too was aware that ell-enn was away from her cag desk and she's gonna try and catch up with this thread, SG has been helping too, and I am very gratefull for the input, I just cant help worrying that because I still have nothing in place ie ..( i+e, statement ).

 

Mr Agitated bordering on the fringes of lunacy.

[newstarter]

yes im sure you will be fine,im sure ell-enn will sort out your i+e in the morning all N.R want is an order in place in case you default,you wont loose your home

[sillygirl1]

Mr W, PM'd draft statement to you - waiting for you to come back to me.

[Mr Worried]

Mr W, PM'd draft statement to you - waiting for you to come back to me.

 

Hi sg, seen pm, ta very much. I will speak to you all in the morning, or tonight if you wish, as I will not be able to sleep.

 

Mr

[Mr Worried]

Good morning all

 

I am twidling my thumbs at the mo, hoping to get I+ E done asap and a bit tweeking here and there?

 

Mr still very worried

[sillygirl1]

Don't skimp on the I&E, you should be able to get this done within an hour, there is an I&E template on the CAB site, as well as others. Don't know if Ell-enn has been in touch yet.

[Mr Worried]

Thank you sg, ell-enn has not been in touch yet.

[sillygirl1]

I&E Form link here

 

http://www.trafford.gov.uk/cme/live/dynamic/DocMan2Document.asp?document_id=8AD3E12F-A249-43D8-931B-393181E1045F

 

Have PM'd you it too.

[Mr Worried]

Hi All

 

So I am about to do statement, although I have had differing ideas about a statement I am still bl+++y unsure, so I am going to take a softly approach to this statement and not mention all the 'they said this, they said that' ( Northen Rock ).

 

I will basically tell them that in June I went from Interest only payment method to repayment which increased £338.00 per month I was unemployed at the time and effectivley still am ( Till Jan 11 ) I am commited to repaying arrears along with the additional £50.00/ £100 per month on top of repayment figure. Although I am still not working ( do I tell them that ?) I can pay £1000.00 by Monday 13th Dec ( do I tell them that ?) and my future payment going forward will be ' on time ' please consider the fact that I have two children at home 9 and 7 yrs. and I would like to draw your attention to the case of Cheltenham & Glouceser v Norgan to be taken into account.

 

Could some body put that into a statement please?

 

Mr Hurried

[rebel11]

Hi Mr. Worried

 

Ell-enn isn't available at the moment, but will respond when she is available as she is aware.

[newstarter]

see the p.m mr worried

[Mr Worried]

Hi all got to nip out, will be back in 20 mins, still have not done my statement nor I and E

[newstarter]

appologies to the site team and anyone else following this thread concerning the number of pm,s,with this thread i know the idea is to keep as much info as possible on the open forum however im sure we would all agree that sometimes there are issues which are better left private,mr worried has got all paperwork and statement in order so should be fine.

[Mr Worried]

Hi All

 

Well after sleepness nights, arguments with Mrs W, and hrs spent researching what ifs,It got SUSSPENDED. I got chucked about the court room a little bit by claimants solicitor but kept calm and re-iterated my side of the story, end of.

 

I would like to say a MASSIVE THANKYOU to silly girl who has been by my side over the weekend ( not literally ) and to newstarter for his calming words.

 

That was my 7th time in court with differing matters all assited by cag and the members, and every time we have ( won ) so raise a glass to you all and lets keep helping one another.

 

I would like to raise a glass myself but I dont drink during the week Ha Ha.

 

Speak soon on another thread, till then THANKS SO MUCH

 

Mr Happy

[newstarter]

fantastic !!!! another person sleeping easy this christmas,great news,well done.

[sillygirl1]

This must be a bit of a relief, was their solicitor a 'little boy' or 'little girl' one? They liek to trow about legal stuff but when faced with bare fact tend to flounder, hence my stance of keeping it short, sweet and not letting them get their oar in.

 

Well done for hanging in there.