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LLoyds Repossession advice needed


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Hi guys and gals,

 

Just a quick bit of background info:-

 

Myself, my brother and sister bought our parents house 7 years ago,

they have both passed away now and i have been solely paying the mortgage for the last 2 years,

 

until the property is sold as it is up for sale.

 

Am self employed and due to a customer going bust on me in September

had arrears on the mortgage of about £6700 (approx 6 missed payments),

 

Just getting back on my feet and managed to pay £3300 last month off the arrears

as well as last months morgage payment of approx £1100

leaving about £3400 still in arrears.

 

About 2 days later I got a court summons from Eversheds for a re-possesion hearing at St Helens.

 

I have spoken to Eversheds and advised them of my situation and informed them that the property is up for sale

and offered them £1400 now and then an extra £200 a month on top of my mortgage payment for 10 months

 

and after going through my financials they have agreed and will confirm this in writing and present it to the court.

 

My problem is that I am away in Spain for 5 days for a wedding (Best Man) for the court date

so cant attend to clarify if this agreement would go down as a CCJ or not,

(Eversheds arent sure they are going to look into it!!!)

 

Can anyone advise me would this agreement be recorded as a CCJ ?

 

(As if so it would also penalise my brother and sister,Seems a bit harsh to CCJ 3 people for a 2K debt

for a property that is up for sale with approx £60 K of collateral in it .)

 

If this would be recorded as a CCJ then would i be able to get the court case delayed until I am able to attend ?

 

Any help gratefully received and thx in advance

 

Gazbo

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Hi, responding to your S.O.S.

 

I am not very clued up on repossessions so will alert those on the site team who are.

 

When is the hearing date ? I am not sure if you can ask for an adjournment or not, but IMHO I would think it is important that either you or someone able to represent you is present at the hearing. Anyway, hold fire until I can get someone who knows about this stuff to look in on you.

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Hi there, have you completed the N11M defence form you should have received with the court claim?

When is the hearing date?

 

As far as I am aware, if a suspended possession is granted on payment terms then a money judgement (CCJ) is not entered, but suspended also. this usually means that if the property is repossessed and sold leaving a shortfall, the Claimant can ask for the CCJ to be granted and then enforce it to get the shortfall. However, I am not entirely sure about this and I am only going on the information I have seen on someone else's suspended possession order from the court. I will ask them to let me see it again.

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Hi Ell-enn,

 

Am just in the process of filling in the N11M and the court date is the 18th July,

 

If you can find out more information on that suspended possession order it would be appreciated

 

Gazbo

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If they have come to an agreement with you to repay the arrears over less than a year, they really ought to be foregoing the possession hearing.

 

You should be asking the judge to adjourn the proceedings on the basis that you have substantially reduced the arrears and have made and kept to an offer which the mortgagee has agreed to. Therefore the possession hearing could have been vacated. You should invite the judge to adjourn the hearing on terms of current monthly instalment plus £200 per month towards the arrears - pointing out that will clear the arrears within a year, and also pointing out that the property is up for sale, has equity in it, and the mortgagee will not be prejudiced by not having an order.

 

If you are worried about the money judgment affecting yours and your siblings credit files - the missed payments will already have done that. A money judgment becomes a county court judgment on the date the judge sets for payment. So if the judge gives an outirght order for 56 days and a money judgment for the full sum, on day 57 the money judgment becomes a CCJ. If a suspended order is granted - the money judgment is usually suspended on the same terms, so it does not become a CCJ until you miss payments and the date for possession has passed. (Even though the order is suspended, a date for the possession is still given by the judge.)

 

Forgot to add that you can ask the court to adjourn the hearing until your return. Make sure you file your defence and request 1. an adjournment on terms of CMI plus £200, or 2. In the alternative, an adjourment for you to return to the country to attend the hearing in person. Make sure you point out the things I mentioned above.

 

If your siblings are also on the mortgage, one of them could attend - though perhaps you don't want them to know?

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Quick update,

Spoke to Eversheds on Friday and explained that I wasnt here for the hearing and wasnt happy that i would be missing it. I asked them would they agree to adjourn the hearing on the proviso that i paid them the agreed £1400 before the court case.After conferring with a colleague he told me that if i paid the agreed £1400 before the court date then because of the amount left outstanding they would cancel the hearing. I asked him if he could confirm this by email and was told that i would need to email them first giving consent for them to contact me by email and explaining what had been said in our conversation, which I did and below is a copy of the email sent to them:-

Eversheds LLP

Cardiff

YOUR REF: ***********

MORTGAGE ACCOUNT NO: ************

Dear Sirs,

This letter/E mail is to confirm the details of a conversation I had with **** earlier today re my mortgage arrears of £****.

In my call I explained to **** that I had already agreed a repayment plan with ******

(An initial payment of £1400 and then an extra £200 a month on top of my mortgage payments for 10 months) but that I was not able to make the repossession hearing due to being abroad at a wedding and I would ideally like to attend so could the hearing be adjourned to a date that I could attend.

After speaking to colleagues **** advised me that if I paid the pre agreed sum of £1400 , before the court hearing, leaving an outstanding balance of £2000 then because of the amount of the outstanding balance, Eversheds would cancel the court hearing and move forward with the arrangement as agreed i.e. £200 extra per month.

I agreed to this and said I would make the payment via card as soon as I could have the arrangement confirmed. Ian advised me to contact Eversheds via email with details of our conversation and due to data protection to give my consent to Eversheds to contact me via Email.

Please accept this email as my confirmation for Eversheds to contact me via Email in respect of the above mortgage account.

If you can confirm this agreement via Email to :- ******.co.uk as soon as possible as I am out of the country from Tuesday 16th July for 5 days, I will then make the agreed payment of £1400 to Eversheds and put in place a standing order for the increased monthly repayment.

If you require any further information, please do nor hesitate to contact me either by mobile 07***** or by the above email.

Yours Faithfully

So that was what I sent to Eversheds and here is their reply :-

Dear Sir

We write in reference to your recent correspondence, the contents of which have been duly noted.

We have updated our file with your details and have forwarded to our client.

If you have any queries, please contact our offices on the number provided.

Yours faithfully

Eversheds LLP

Am going to make the agreed payment of £1400 tomorrow anyway but their email doesnt exactly say they agree to what I stated in my email ie cancelling the hearing

 

Any thoughts on this any one ?

 

Gazbo

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