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Repossession hearing on 3/10 any advice?


pebb1e
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Not filed my defense yet as unsure what to include, will it help or hinder me if disclose all my financial detail?

Do I have to use the forms provided? If not are there any templates wich I could use?

Should I counterclaim? If so which form's, specified or unspecified amount.

 

Brief history:

Made an official offer to mortgage company, no rebuttal therefore deemed accepted, been paying monies without fail to honour my agreement. Mortgage company now saying a/c in arrears! How can this be if I'm honouring my agreement? Can't be any arrears if agreement in place.

Mortgage company sent field agent without warning to my home, made official complaint.

I have revoked power of attorney over all parties involved and requested info on document excised on my behalf., no response.

Asked for deed of assignment, no response, letter threatening to strike out if I attempt to defend their claim.

Have official claim with financial ombudsman also regarding non compliance on their behalf to pre action protocol.

 

Is there anything vital I may have missed? Anything I should or shouldn't include in my defense?

 

Help.....time is running out.

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Hi, I'm at work at the moment and don't have a lot of time - have a read of my guide here http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession it shows examples of how to set out a statement for court and you can also download the budget sheet we use from the second post in that thread. If you haven't returned the N11M defence form, you can submit a statement with a budget sheet, any evidence of recent payments and copies of letter from yourself offering payment to clear the arrears.

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Thanks for response, I have read your guide but i don't feel its appropriate for me as

I made my official offer before i had any arrears and the account was in credit, therefore i don't have any arrears as official offer was not rebutted. im very reluctant to get into any dialogue with them about existence of arrears for fear of incrimination.

With regards to the N9 response pack (which i have never received) you are supposed to have a 1) Defense form, 2)Acknowledgement of service form & 3)acceptance of claim form as set out in CPR 7.8, this is a must. We have only received element 1 of these rules.

I don't want to include any financial info as i feel that you are giving them the opportunity to decide our fate without looking at the facts in front of them.

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For a start it doesn't appear that the lender accepted your offer, silence should never be deemed as acceptance of an offer, contract law doesn't work like that. What was the 'offer' anyway?

 

What is the outcome you are looking for, and have you arrears? If you have arrears and wish to keep the home I would suggest following the standard process - which is clearly outlined within Ell-enn's guide.

 

Has the mortgage been assigned?

 

fear of incrimination

 

In what way?

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What do you mean by assigned?

 

Assigned = sold.

 

Original creditor sells to a 3rd party.

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I'll say it once more. Just because you didn't hear back from the lender it doesn't mean you can assume they've 'accepted' your offer - the law does NOT work in that way.

 

if you have been paying reduced payments you'll be in arrears. And if you're in arrears you need to start following the process that Ell-enn has outlined in her guide.

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Did you have arrears before you made an offer of payment ?

Was this offer you made intended to clear the arrears ?

What exactly did you offer to pay? i.e. the normal monthly payment plus an amount to clear arrears each month ?

 

Apologies for all the questions but I think we are all having difficulty understanding the actual situation

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Thanks,

Im only in this position as they never acknowledged the offer even though this information has been offered to them on numerous occasions.(mortgage company and solicitors)

They have offered no alternative arrangement or reason for non acceptance.

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Did you have arrears before you made an offer of payment ?

Was this offer you made intended to clear the arrears ?

What exactly did you offer to pay? i.e. the normal monthly payment plus an amount to clear arrears each month ?

 

Apologies for all the questions but I think we are all having difficulty understanding the actual situation

 

Can you please answer these questions so we can move forward................

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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i have been following advice from another forum.

 

Well I don't think their advice is going to help you in court !

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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pebbles, I think you need to buck up and follow advice given by Ellen, else you are in serious danger of losing your home.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I can't help you further unless you answer the questions I put to you in two previous posts..............

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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OK, why did you offer to pay a reduced amount ?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Did you have arrears before you made an offer of payment ?

 

No

 

Was this offer you made intended to clear the arrears ?

 

No arrears when offer made

 

 

What exactly did you offer to pay? i.e. the normal monthly payment plus an amount to clear arrears each month ?

 

Reduced amount

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