Home repossession 29th October Halifax bos

[barbershop0]

Halifax bank issued me with court papers and I was due to be in court on 1st October. I got the dates wrong and thought the hearing was for the 2nd October.

 

At the hearing the judge granted full possession of my house on the 29th October.

 

I renegoited my mortgage loan in July 2012 and extended the term to 18 years. In May, June and July I shortpaid my mortage payments due to unemployment. I have since paid the contractual monthly payments for the extended term loan.

 

My monthly payment is £194 and I paid £ 634 in September to catch up.

 

I really don't know what to do now to get this back into court.

 

Any assistance would be greatful.

[renegadeimp]

How much are the arrears?

[Lea_HTH]

Make an application on form N244 to set aside the possession order on the basis that you were not present at the hearing and that had you been present a different outcome was likely.

[barbershop0]

They say that the arrears are in the region of £7/8k.

 

But I extended the term of my mortgage to 18 years in July 2012. It is a standard repayment mortgage. This reduced my monthly payment from about £400 to £194 per month.

 

This is my payment summary since the extention.

 

month due paid difference overpayment

Jul-12 184 269.87 -85.87 -85.87

Aug-12 184 192.38 -8.38 -94.25

Sep-12 184 184.92 -0.92 -95.17

Oct-12 191 203.93 -12.93 -108.10

Nov-12 191 189.07 1.93 -106.17

Dec-12 191 199.94 -8.94 -115.11

Jan-13 191 198.73 -7.73 -122.84

Feb-13 191 206.21 -15.21 -138.05

Mar-13 191 201.22 -10.22 -148.27

Apr-13 194 206.04 -12.04 -160.31

May-13 194 44.44 149.56 -10.75

Jun-13 194 0 194.00 183.25

Jul-13 194 108.88 85.12 268.37

Aug-13 194 208.88 -14.88 253.49

Sep-13 194 634.36 -440.36 -186.87

Oct-13 0 22.54 -22.54 -209.41

2862 3071.41 -209.41

Edited October 5, 2013 by barbershop0

[barbershop0]

If I compete a N244 and take it to the court on Monday, when will I get a court date?

[Guest CHEVRA]

did you previously have suspended possession order

[barbershop0]

No, I haven't got a suspended posession order

[Lea_HTH]

No, I haven't got a suspended posession order

 

Have you made the set aside application yet?

 

You only have 21 days from the hearing date to do so, you know.

 

If you don't get it done by Monday or Tuesday, the court won't entertain the application.

[barbershop0]

Hi Lea.

 

I filed an n244 with the court on Monday 5th and paid the £80 fee.

 

With the n244 I gave a witness statement and enclosed the letter from the Halifax stating that the term was extended for 5 years 4 months to 18 years in July 2012.

 

I also attached a statement showing that I had met the contractual monthly payments for July 2012 to September 2013. Albeit May, June & July were paid in Septemer 2013.

 

Would it be sensible to prepare an income /. expenditure statement for the court?

 

I have not heard anything from the court since and was thinking about going to CAB to see what happens next.

[Lea_HTH]

Yes, prepare an I&E for court. You'll also need to explain clearly and concisely the reasons for the missed payments and how you managed to get the money together to pay in September.

 

The court normally send out the time and date for a set aside hearing, so you should hear soon - but give them a call if you want to find out when the hearing is.

 

If you can get an appointment with CAB, then by all means go along to see them, they can be very useful.

[barbershop0]

Will try to put together an I&E think that I had one a couple of years ago.

 

I am self employed and was unemployed in May, June and July since then work has picked up and I was able to catch up with my ayments in September. I worked most of the month of August without any time off and got paid for this work in September.

 

Will try the CAB on Monday as another option.

 

Many thanks for your assistance, so far.

[barbershop0]

Rang the court today to see what was happening with my n244. They have set a new hearing date for the 12th November.

 

I presume that the bank cannot do anything untill after this date?

[Lea_HTH]

Rang the court today to see what was happening with my n244. They have set a new hearing date for the 12th November.

 

I presume that the bank cannot do anything untill after this date?

 

No, the bailiffs should have been informed that there is a hearing coming up and that the eviction is temporarily stayed until the judge says otherwise. Phone the bailiffs office at the court to double check they have that information if you are worried.

[barbershop0]

Went to cab today and they transferred me to Fusion housing to give me advice.

 

They photocopied my documents and told me they would get in contact.

 

thanks for all your help so far.

[barbershop0]

Court hearing tomorrow 12/11/2013.

 

I have filed to get judgement set aside.

 

I have completed a budget statement to take to court, don't know if it will be required by the judge.

 

I have hightlighted my bank statements with payments made for the last eight months.

 

I don't know if need to take anything else to court but will try to arrive in good time.

[barbershop0]

At the hearing today, the young girl from Walker Morris approached me prior to seeing the judge. She had calculations on her papers and was willing to settle for contractual monthly payment plus £39 per month. I stated that Norgan rule did not apply. We could not meet agreement.

 

In front of the judge she explained her case and I explained mine.

 

I stated that if I continue to pay the cmp for the term of the mortgage then it shall be settled at the end of the period.

 

The judge asked how I was going to settle the arrears, and I stated that the arrears were included in the outstanding balance.

 

No conclusion was reached and the case was adjourned for 28 days, during which time no possession can be made.

[barbershop0]

Received a letter from the court today, with a new court date of 7th Jan 2014.

 

The judgements states :-

1. The Defendant's application to set aside the possession order aside be adjourned to 7th Jan, with an estimated time of 15 mins.

2. Both parties shall send to each other details of their position at least 3 days before the hearing and bring that information to the hearing.

3. Claimant not to enforce possession in the interim.

 

My question is, should I write first to the Halifax bank or wait for them to write to me. By the time the Jan court date comes around, I will have paid a further 3 months mortgage payments and can show this to the court.

 

Obviously, I would like to get this sorted out with the bank before we go back to court, as I'm sure that my mortgage account will get stung with a load of their legal fees.

 

Thanks in advance.

[ukaviator]

There will be arrears charges added to the mortgage of around %40 a month, you should claim these back.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?390026-Mortgages-Reclaiming-Charges

[barbershop0]

Hi, I have had 3 x £35 arrears management fees and 1 x £135 arrears letter fee. Can I get these back?

[barbershop0]

Went through the SAR details that the Halifax have sent me. This is quite a big bunch of paperwork, it was sent by DHL and must be at least 600 to 700 hundred pages. I requested this in March 2013 and received this about September 2013.

 

I requested my SAR in about March but they lost my letter, etc, etc.

 

Having finally got round to have a look at this, I have noticed that they not sent the full information. They have only sent the first page of each letter that they have sent to me. ie. if they sent a copy of letter saying page 1 of 5 they have only sent page 1. How do I go about complaining about this?

 

I was going to try to reclaim my mortgage charges by letter and show this to the judge prior to going to court on 7th Jan 2014, but with incomplete information I find that ascertaining the true charge is very difficult.

 

Any advice would be helpful.

[renegadeimp]

Simple, you send a non compliance letter. http://www.consumeractiongroup.co.uk/forum/showthread.php?387318-Failed-SAR-Partial-Compliance-40-Days-Have-Expired

[barbershop0]

Ready to go to court on Tuesday 7th, sent my information to Walker Morris.

 

Sent Non compliance letter

Sent unfair charges letter

 

Only part I am unsure about is getting the judge to order the charges not to be added to my mortgage.

 

Should I add a sentence similiar to " As the proceedings were not necessary, may it be ordered that no costs are added to the mortgage"

 

Thanks in advance.

[barbershop0]

Been back in court today, the Judge stated that he "tended to side with me" then adjourned the case for 21 days. This was to allow the Halifax a chance to put a clearer position!

[barbershop0]

Been back in court today.

 

The possession order was set aside generally.

 

I asked the judge not to let the Halifax put charges onto my account, as I felt that the case was not necessary and any litigation was not required.

 

The solicitor for Halifax asked the judge not to make a statement as to costs.

 

The judge then told the solicitor that if he did not make a statement then charges would be applied to my mortgage account. The judge ordered that the Halifax could only put charges for the court costs onto my account if they made an application to the court.

 

I shall post the exact wording when I get the order from the court.

 

Fantastic result for me and I thank everyone on this forum for assisting me to get to this position.

 

Next to chase them for are bank charges and failure to comply with Data protection act, but I'm had enough of the Halifax for the time being.

 

I re-iterate, many, many thanks.

[Ell-enn]

Good result - well done