Hello - wording question

[cheersnotarrears]

Hi,

 

I owed some mortgage arrears, but have now paid them off (Woo Hoo !!!),

 

but only after the mortgage company had taken me to court. However, the case was adjourned until July and now I want them to stop the case completely.

 

My question is what should I ask for written confirmation of from the mortgage company?

- withdrawl of the case

- or stopping of the case

- or for the case to be stayed / struck of?

i.e. if I ever get into arrears again, I want them to have to start the whole procedure from the beginning, not merely re-activate a case against me that they had somehow suspended.

 

The exact wording of a request would be great.

 

Thanks

[citizenB]

I am going to move your thread to the Mortgage forums.

[citizenB]

Have also flagged your thread for help from those who will know what you need to do.

[BRIGADIER2JCS]

How long have you got to do this, it

may be best to contract the mortgage

provider and ask if they will withdraw

from the hearing as the arrear are

settled.

[Ell-enn]

Why was the case adjourned ? was it adjourned on terms i.e. that you clear the arrears by a certain date?

[cheersnotarrears]

How long have you got to do this, it

may be best to contract the mortgage

provider and ask if they will withdraw

from the hearing as the arrear are

settled.

 

I've got until Wednesday 18th July.

[cheersnotarrears]

Why was the case adjourned ? was it adjourned on terms i.e. that you clear the arrears by a certain date?

 

The case was adjourned because I asked for it to be so, because I had an offer of a loan from a friend to clear the arrears. However the judge only said the case was adjourned "so that the defendant can pay the arrears" using the loan, and did not actually make any terms or any orders.

[Ell-enn]

OK, have you got a date in July for the hearing?

[cheersnotarrears]

OK, have you got a date in July for the hearing?

 

Yes, on Wednesday 18th July at 10.00am

[BRIGADIER2JCS]

OK get the letter off recorded delivery to the claimant

and or their solicitor asap the judge wont be happy if time

is wasted on an unnecessary hearing.

[Ell-enn]

You should enter a statement into court at least a week before the hearing on the 18th with proof of the arrears being cleared and ask the court to dismiss the possession claim - you then attend the hearing to make sure it is dismissed. I can help you with a statement for court. You can write to the lender but personally I'd make sure the court dismisses the claim rather than relying on the lender to withdraw.