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1st County Court Hearing re Possession of Home - N11M Received - Hearing 22 Oct 13


britannicus
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Hi, Well, I've taken far too long to seek help from CAG. But, here goes!

 

Essentially, I resigned from my employment in March 2011 because of unrelated legal problems. Then I wasn't able to pay my mortgage and I've fallen into arrears since late last year.

 

I came to an arrangement with Halifax in Feb 2013 that I would pay £5 every month against capital - and I have done so ever since. I receive SMI of £125 per month. That leaves a shortfall of £231 approx every month. I now owe £2200.

 

So, I'm being taken to the County Court on Tuesday 22.10.13 by Walker Morris of Leeds on behalf of Halfiax. I haven't sent off or completed the N11M online as yet but will do before Tuesday (online, I guess!)

 

I am seeking/intend to seek an adjournment to give me time to sell the property quickly. Meanwhile, I can offer £1000 against arrears on Tuesday and offer monthly payments of £300 (courtesy of my parents) until the place is sold, which should be within 5 months at the latest!

 

My only income is JSA @ £70.70 per week. I have other creditors: a) Halifax Current Account Overdraft of £1800. I pay £1 every month against this. b) Halfiax Bank Loan Outstanding Amount £6020. I pay £2 every month aginst this.

 

I also have a charge against the property in respect of Legal Aid of approx £5500.

 

So, how do I secure (if possible) the adjournment I'm after, please? I desperately want to avoid any Order appearing on the Land Registry because this might alert prospective buyers that something's wrong!

 

All help gratefully received!!Many thanks,Britannicus

Edited by honeybee13
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Hi there, it's to late to complete the N11M on line, you will need to take a statement to court tomorrow (or with you on the day). Let us know what help you need with drafting a statement - you will certainly need proof that the property is up for sale.

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All you can do is ask for an adjournment, but with the level of the arrears amounting to around 6+ months of missed payments, the court is very likely to award a suspended possession order.

 

If you haven't already marketed the property and have offers on the table, the fact that you are planning to sell isn't necessarily going to persuade the judge that you really have the intent to sell.

 

But as I said, all you can do is ask, inform him that you are aware you need to sell because you cannot afford to keep the property, and that you are getting assistance from family members to pay. The last bit will be more persuasive if the family member giving the money goes to court with you. Judge can't order them to pay, but often find it persuasive when someone is there stating they are willing to help.

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Just a little word of caution, though a different lender they used W&M the guy was has nastyvas can be. I'm not saying this to scare you, but to ensure that you are not surprised and that you keep calm. The Judge saw through the nasty little man too.

 

You must stay calm, the people on here more or less saved my life. Think positively and stay calm. If you do whatever El tells you to do you will have the best chance.

 

El...I haven't forgot what you did for me, if you ever wonder why you do this just remember people like me, I will never forget you.

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Hi there, it's to late to complete the N11M on line, you will need to take a statement to court tomorrow (or with you on the day). Let us know what help you need with drafting a statement - you will certainly need proof that the property is up for sale.

 

========================Erm, well, sadly, as yet, it isn't. I've had every intention of selling it quickly - via one of those quick-sale estate agents - but, as yet, I haven't made any approach to any of them - the news report that several unnamed were under investigation by the OFT sort of put me off a bit.B

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Just a little word of caution, though a different lender they used W&M the guy was has nastyvas can be. I'm not saying this to scare you, but to ensure that you are not surprised and that you keep calm. The Judge saw through the nasty little man too.

 

You must stay calm, the people on here more or less saved my life. Think positively and stay calm. If you do whatever El tells you to do you will have the best chance.

 

El...I haven't forgot what you did for me, if you ever wonder why you do this just remember people like me, I will never forget you.

 

thank you spud :) - did you have a different user name ?

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Ring the court right now and ask if they have any duty legal advisers in attendance tomorrow (you can ask for their help when you get there) - then come and tell us the answer, we can work on something once we know.

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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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Ring the court right now and ask if they have any duty legal advisers in attendance tomorrow (you can ask for their help when you get there) - then come and tell us the answer, we can work on something once we know.

 

=================================================OK, will do!It might take me a bit, though. I didn't bring my mobile (doh) and I'll have to go home. I'll give them a call as soon as I get there and then come back to you.I appreciate your help!!B

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Hi, Lea-HTH, Thanks for your advice, too. I hadn't thought of asking someone to come with me but I'll give them a call later and see if they'd be willing. I definitely don't want anything but an adjournment. Just about the only thing I have left is the residual equity in the property. To lose that will mean a one-way ticket to bankruptcy! Warmly,B

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Page 13 of this guide shows how to set out a statement for court http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=31139&d=1320163405

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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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Well, went prepared, thanks to CAG and caggers.Saw the duty officer (I think from the CAB) and we arranged that I should pay £271 a month.This is in addition to SMI.Judge agreed. Expressly followed Norgan with the words "... following Norgan ...". So, my folks get to keep their grand and pay over almost £30 a month less! Magic!Other side (Halifax/Band of Scotland) wanted full repossession. Judge unimpressed by their arguments (thankfully, they DID impress me!)And, he wished me good luck!! So, I get to live another day!B

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Well, went prepared, thanks to CAG and caggers.Saw the duty officer (I think from the CAB) and we arranged that I should pay £271 a month.This is in addition to SMI.Judge agreed. Expressly followed Norgan with the words "... following Norgan ...". So, my folks get to keep their grand and pay over almost £30 a month less! Magic!Other side (Halifax/Band of Scotland) wanted full repossession. Judge unimpressed by their arguments (thankfully, they DID impress me!)And, he wished me good luck!! So, I get to live another day!B

Glad it all worked out. What was the person from Morris like?

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Great stuff ! well done :)

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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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Hi, Spud, The person from Morris was a young woman, very presentable, very professional. Not nasty, thankfully! She did say to the judge, "... my instructions are to seek full repossession..." in response to one of his questions, but the judge was having none of it. He was very friendly, seemed very approachable, and decided in my favour. Yippeee!B

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