Nat West /Shoosmiths reposession proceedings

[Ell-enn]

For how to set out a witness statement to go with the Question 27 of the N11M defence form please see page 13 of our guide here http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession page 4 give you some tips on dealing with the defence.

[Giveitblackmore]

May I ask your opinion on whether or not I should list all the money owing to my credit cards/loans?

 

I have been fighting these for the last three years and have not made a payment as none of these are enforceable therefore they are not a day to day expense.

 

Im worried that this may cause confusion in court or indeed prejudice the court against me. I want to do the right thing but am concerned.

 

Thanks

 

GIB

[Giveitblackmore]

Further to my last mail I have been in touch with the bank and have made an offer that relates to the sale of my property. They have come back to say the client would consider seeking an order for 60 days from the date of the hearing before any further action takes place to give me time to sell. Does this sound reasonable or a booby trap!

 

GIB

[citizenB]

Would they put that in writing ?

[Giveitblackmore]

They put it in an email saying that they would do that on receipt of sales particulars of the property - which is no problem for me to provide.

 

Sound good?

[Ell-enn]

Sounds ok, you just need to make sure that email is included in your statement for court

[Giveitblackmore]

Thank you Ell-en - sorry to be thick but shoudl I prepare a separate statement beyond the online defence as there is a limit to what you can put in that section. Should that statement be sent to the court in advance of the hearing?

 

Thanks

 

GIB

[Ell-enn]

For how to set out a witness statement to go with the Question 27 of the N11M defence form please see page 13 of our guide here http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession page 4 give you some tips on dealing with the defence.

 

Hi, I posted earlier where to get the info you need for filling in the N11M - you can see an example of the statement to go with Q.27 on page 13 - you should write "see affixed statement" in box 27.

 

I would advise you to fill in the paper copy of the N11M (online forms have been known to go missing and you cannot affix documents to it) then send to the court by special delivery (or hand it in in person if the hearing is only a week away). Take a photocopy of it all before sending in so you have a copy for yourself to refer to in the hearing.

[Giveitblackmore]

Thank you so much Ell-enn - sorry or delay in getting back to your last post

 

GIB

[Giveitblackmore]

I wonder Ell-enn if you have thoughts on the question I raised a little while ago in delaring all my credit card debts to the court as these do not represent a burden as I am not repaying after advice on CAG regarding enforceable collection.

 

GIB

[Ell-enn]

If you are not paying them anything then I don't see that you should put them on the budget sheet. If you have to negotiate with them later for a very small token payment (perhaps £1 per week) then you can use the same budget sheet to show them you have no real disposable income to pay them with.

[Giveitblackmore]

Thanks Ell-enn - exactly what Id hoped you’d say - one thing bothers me thought which is that the wording in the defence document asks if I have the debt rather than if im paying it back - make any difference do you think?

 

GIB

[Ell-enn]

Sorry - not sure what you mean - what defence document?

[Giveitblackmore]

Hi Ell-enn

 

Its the form that the Court sent me its numbered N120

[Ell-enn]

You should be filling in an N11M defence form

[Giveitblackmore]

Wow! Shoosmiths never sent me one! So I’ll crack on and use the one that you forwarded me and ignore their one?

[Ell-enn]

Shoosmith's wouldn't send you one - it should have come with the Claim for Possession froms from the court. (I didn't send you an N11M)

[Giveitblackmore]

yes sorry it did come from the court and Ive found the N11M on the paperwork Q 22 says Do you have any loan or credit debts and then 3 columns saying..

 

Loan/Credit From

 

Balance Owing

 

Instalments paid

[Ell-enn]

Instead of the N11M defence form you can send in a witness statement (as shown in the guide I gave you the link to) with a budget sheet affixed. (hand it in to the court as your hearing is quite near)

 

You will need to take a copy of it all for yourself so you can refer to it in the hearing.

[Giveitblackmore]

I’ll do that Ell-enn - thanks for all your help

 

GIB

[Ell-enn]

Let me know if you want me to look over your witness statement and budget sheet before you hand it in

[Giveitblackmore]

Thanks Ell-een I might just take you up on that!

 

GIB

[Giveitblackmore]

So we went to court and got 75 days to sell the property. Unfortunately our tenant left the place in a disgusting state and was impossible to show until second week inNovember. The suspended order is due to be actioned on 18/12 and we had resigned ourselves to losing the flat but onFriday we hadanoffer , a very good and credible offer. I am goingtocontact the bank tmrrw to ask them to stay the order.

 

Should I contact the court too?

 

How long would it take for the bank to actually repossess?

 

Thanks very much for your thoughts

[Ell-enn]

Hi, if you have a suspended order then the property won't be repossessed on the 18th - if you don't hand in the keys or pay all the arrears by the 18th the lender will apply for an eviction order - I'm almost certain they won't be able to get a warrant before Christmas so I expect if they do apply for one it will be in the new year. When you get the eviction order, if the property sale hasn't completed by then you an apply to the court to have the eviction stopped pending completion of the sale.

[Giveitblackmore]

Hi, if you have a suspended order then the property won't be repossessed on the 18th - if you don't hand in the keys or pay all the arrears by the 18th the lender will apply for an eviction order - I'm almost certain they won't be able to get a warrant before Christmas so I expect if they do apply for one it will be in the new year. When you get the eviction order, if the property sale hasn't completed by then you an apply to the court to have the eviction stopped pending completion of the sale.

 

As always Ell en you have been really helpful thankyou!

 

Do you think I should notify Shoosmiths that we have the offer or just wait for the warrant and ask for more time from them?

 

Thanks again

 

GIB