GE Money, Suspended repossesion hearing. w/c 18th March

[Remy3]

Hello,

 

I am hoping that someone can advise me on what to expect at the hearing that I am to attend.

 

We have arrears of £2600 on our (only) mortgage, which is with GE Money. These have built up over the last few years due to a decrease in availability of work. (Self employed in construction industry).

 

I have always had a payment arrangement for the arrears. However, because our income is based upon finishing a job or a builder paying us, our pay dates are never consistent. If the mortgage payment is due on the 28th and we get paid on the 30th (And pay the mortgage) the payment arrangement is then considered broken. Even though our statement shows that a payment has been made each calender month or appox every 6 weeks.

 

The payment plans have always been for an additional £170 per month, which I argued was too much for us. The main amount of arrears related to non payment of the mortgage over 3 months in winter when there was no work due to a cancelled job plus emergency repairs to our roof that was badly leaking due to old age.

 

GE Money are saying that we have broken 27 payment arrangements with them! They still have had a regular payment. They were going for possession but again have agreed to a payment plan of normal payment £648.00 plus £50.00 for arrears, an amount that we can manage just from my wage. So now they are going for suspended possession.

 

Apart from a letter from the court and solicitors confirming the date. (Postponed once already as the solicitors had not had time to do the paperwork). I have had no other paperwork.

 

Should I have received paperwork outlining the solicitors/GE money's argument? What do I need to prepare? Can I stop this?

 

I sought advice from a solicitors but am not entitled to legal aid.

 

Can someone help me please?

[Ell-enn]

Hi there, did you receive an N11M defence form with the court papers? have you completed it and returned it to the court yet?

[Remy3]

Hello, thank you for responding. I have received nothing from the court or the solicitors apart from a single letter about the date of the hearing. Thank you

[Ell-enn]

I thought you said you had a letter from the court ?

[Remy3]

I thought you said you had a letter from the court ?

 

Hi, Yes I have only had one letter, It was a single letter only advising of the date of the hearing, Nothing else was with it.

[Ell-enn]

Has there been a previous hearing which was adjourned ?

[Remy3]

Yes, it was adjourned the day before because the solicitors hadn't been able to do any work on the case. Again apart from letters confirming the initial date and a letter adjourning it there was nothing else. Nothing of anytype of defence, solicitors arguements or facts on the case, just standard appointment type letters from the court. Thanks

[Ell-enn]

Hi , you will need to get a defence statement to the court asap - I can help you with that. You will also need to affix a budget sheet to your statement - I have affixed the one we normally use in these cases (it calculates automatically as you enter the figures)

 

Do you have a printer at home?

[Remy3]

I do have a printer, Thank you for your time with this. I will fill in the income/expenditure sheet.

Thanks

[Remy3]

Income sheet done, I can email it to you or put it in a private PM.

[Remy3]

IE Sheet completed.

[Ell-enn]

Hi, you can email it to me at [email protected] (there is no space between the c & o - the site just shows it like that for some unknown reason)

[Ell-enn]

Hi, got the budget sheet - I have replied to your email

[Ell-enn]

Hi, can you answer the following please:

 

Is the mortgage in joint names?

How long is left to run on the mortgage?

Do you have a statement showing payments you have made over the last year or so?

Have you got proof of the other property being for sale? estate agent contract, newspaper advert etc?

[Remy3]

Hi, can you answer the following please:

 

Is the mortgage in joint names? Yes

How long is left to run on the mortgage? 13 years and 3 months

Do you have a statement showing payments you have made over the last year or so? Yes.

Have you got proof of the other property being for sale? estate agent contract, newspaper advert etc? yes we have a contract from the estate agent.

[Ell-enn]

Excellent - I'll draft up a defence statement for you tomorrow - when would you be able to take it into the court ?

[Remy3]

Excellent - I'll draft up a defence statement for you tomorrow - when would you be able to take it into the court ?

 

Monday, is the soonest I can deliver it by hand. Or can it be next day signed for delivery?

[Ell-enn]

Best to deliver it by hand - Monday will be fine. I'll get the statement to you sometime today if I don't get too busy at work - otherwise it will be tonight.

 

In the meantime can you take photocopies of the proof of payments made over the last year or so and also of the estate agent's contract - you will need to affix them to the defence statement along with the budget sheet.

 

How much are you proposing to pay towards the arrears until the other property is sold?

When did you make the last payment?

When can you make next payment?

[Remy3]

Thanks, the answers are below,

 

How much are you proposing to pay towards the arrears until the other property is sold? It will be £50 per month

When did you make the last payment? It was 27th feb

When can you make next payment? 27th march

[Ell-enn]

OK, will get the statement to you as soon as I can

 

How much was the paymetn on 27th Feb? i.e. how much towards the arrears ?

[Remy3]

How much was the paymetn on 27th Feb? i.e. how much towards the arrears ? Normal £648 plus £50 towards the arrears , thank you

[Ell-enn]

Affixed is the statement to take to court – you need to fill in the information where there are XXX's at the top of the statement (the information will be on the letter from court) - read it through carefully to make sure all the info is correct and to fill in the name where there are other XXX's in the statement. When you print it out the printer needs to be set for A4 paper (not Letter size) so it all fits on one page.

Photocopy the statement showing payments and write the Claim Number on the top left hand corner then on the top right hand corner write Appendix 1. Do the same on the copy of the estate agent contract (it will be Appendix 2) and also the budget sheet will be Appendix 3.

 

Now assemble as follows:

Statement – signed

Appendix 1 – list of payments

Appendix 2 – Estate agent contract

Appendix 3 – Budget sheet

 

This forms the pack to take to court. Make sure it is stapled securely together. Before handing in to court take a copy of it all for yourself to refer to in the hearing. Don't put it in a post box at the court – hand it over the counter (the court staff are usually very nice, so don't worry about doing that). Also, ask the court staff if there are any duty legal advisers at court on the day of your hearing – they can accompany you into the hearing and support your case.

[Remy3]

Thank you very much for your help. I will take the pack on Monday and keep you informed.

Again, I really appreciate your help.

[Remy3]

Well, I went to the court. Be warned, it took at least 20 minutes to queue to get through security. I was still early though. I was not offered a duty solicitor and there was none available. I met the solicitor who was representing the mortgage company who introduced her self and asked me if I had any question.

 

We went in after waiting over 40 minutes over the allocated time. I was only second hearing of the day and the other hearing had finished way before our allocated time.

 

Many people on here say that the judges are sympathetic to us, taking into account our nerves. Well, no. This one didn't even look down at me. (He was sat on a level higher in a small typical court room, The only other person was the other solicitor and we were instructed to sit three rows back in another wise empty room.) He NEVER even looked up. He never made eye contact or asked me anything. He didn't check that I understood or asked me if I had anything to say. He just dispensed the judgement for a suspended possession order and we left. Two minutes or less I reckon. The paper work I took just stayed in the file. I assumed he had read the copy that I took to the court the week before but I never saw any evidence of this.

 

Don't get me wrong. I never expected an easy ride but he was so rude on a basic human level and never even acknowledged my presence.

 

So there the judgement stand, Suspended possession with normal monthly payments plus £50.

 

Thank you Ell-enn for your help, You and you alone made me feel as if I was supported and that someone cared enough to help me, even acknowledge me, something that a supposed highly respected member of society couldn't afford me the manners of.

 

You should be proud and I really hope that you are recognised for the help that you give.

I will 'pay it forward' with my own skills to someone who needs help

Thank you again.

[Ell-enn]

That's great news Remy - well done It sounds as if you were just unlucky with the judge - I'm sure he would have read your statement before the hearing and that is why he ordered a suspended possession so quickly.

 

I trust you can relax in your home now and that everything goes well for you from now on.

 

I hope you stay around on the forum - there is so much more you can learn and of course help support people in the same situation as you have just been in