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HSBC Suspended Possession Order


Will Silver
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Can somebody please point me in the right direction?

 

We have two accounts with HSBC which we got into arrears with, when the business went into administration in June 2009.

 

Various letters and correspondence transpired until we ended up in the following situation.

 

28.09.11 HM Courts & Tribunals Service, ****** County Court

Order for possession (Mortgaged Premise) (suspended)

On the 26.09.11 at ***** County Court

 

This order has been made on discretionary grounds and the court orders that

1) The defendant give the claimant possession of ***** on or before 24.10.11

2) This order is not to be enforced so long as the defendant pays the claimant the unpaid installments under the mortgage of ****, by the payments set out below in addition to the current installments under the mortgage.

3) Payment required £534.00 per month, the first installment to be paid on or before 01.10.11

 

07.10.11 Letter from Shoosmiths acting on behalf of HSBC, at the hearing on 26.09.11 the Judge granted an order for possession suspended on payments of your monthly installment plus £534.00 per month towards the arrears.

 

According to Mortgage A, HomeOwner Loan the balance outstanding @ 31.01.13 is £36,959.51, based on your original offer document the remaining term of your loan is 7 years and 3 months.

 

Which would mean 87 payments of £424.83; I am currently paying £685.01 per month (Mortgage plus arrears)

 

According to Mortgage B, HomeOwner Loan the balance outstanding @ 19.03.13 is £4,166.45, based on your original offer document the remaining term of your loan is 7 months.

 

Which would mean 7 payments of £595.20, I am currently paying £700.47 per month (Mortgage plus arrears), I am not too bothered about this one, as that would see me paying that off a month earlier.

 

Because I am ahead of the repayments based on the terms for each loan, does that mean I am no longer in arrears, I must admit I am not sure what the arrears figure finally was, but based on what I have said would have hoped so, would it be best to write to HSBC and ask them for clarification.

 

We have paid the Mortgages plus arrears without fail since October 2011, I just need to know what I can do now to remove the threat of the suspended possession order and get back to what I should be paying, based on the remaining terms of the loans, do I go back to the solicitors Shoosmiths, HSBC, The Court or all of them.

 

If there are any questions then please ask, I have tried to keep it brief, but with as much information as possible, thanks for reading.

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