House Repossession in Court 9/12/2013 urgent help needed

[oddball1000]

Hi everyone , hope someone can help.

 

I have a court appearance on Monday and need some help , i have arrears of less than £1000 and intend to pay them before the Court date . I believe this may stop repossession going through but understand its not guaranteed and i can also show that there is no problem with getting back to future payments being met . Just to say over the last couple of years i have had a little bit of that thing called depression , enough to cause my head to have a different outlook and think everything will just go away . That it certainly doesn't . Anyway what i need to find out is ,

 

What would be the safest way to ensure i can show a Judge the Order should not be given and keep my house.

 

Another aspect is that the witness statement they produced includes the total on the mortgage with the added £40 administration fees whilst in arrears which they have included , this adds up to around £2500 in charges to which i have every intention of challenging . Should they be shown separatly from the Mortgage itself.

 

So, could i or would it be the right time to attempt to have these dealt with at the hearing or would the Judge dismiss them as something that needs to be challenged separately .

 

Hope you can help

 

Thanks

[citizenB]

I will try and find someone to help..

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession

 

You might also want to have a read of the link above

[oddball1000]

Will do, Thanks

[citizenB]

The people who advise on this forum have day jobs, so will most likely pop in when they have had their dinner, this evening

[ukaviator]

Hi

 

The charges are normally added to the mortgage amount but we have seen them added to the arrears. You should claim these back. Here is the link for the letter to send:

 

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

[oddball1000]

Just to update , today i paid all the arrears due that relate to the claim made to the Court so nothing owing on those . I had another payment due for this month but did not have enough to pay that payment so i am technically back into arrears of 1 month although that was not included in the claim but would imagine they will argue that point.

 

I have contacted them today and told them it was paid into the bank and they said once it shows on the system they will review things. They informed me that the £40 monthly fees charged total over £2400 and are included in the mortgage total given to the Court .

[Lea_HTH]

The judge has no jurisdiction over the charges added to your account - you have to challenge those separately to the possession proceedings, although you must tell the judge if the charges have been added to the ARREARS figure. They are correctly applied to the mortgage account itself - though still can be subject to your separate challenge.

 

If you have paid off all the arrears before the proceedings take place, then you should ask the judge to strike out the claim. It is very likely what the judge will actually do is adjourn the proceedings with liberty to the claimant to restore. If he says that, ask if he will limit the liberty to restore to a one year period from the date of the hearing.

 

The judge will not order a possession order, or a suspended order if there are no arrears on a mortgage.

[oddball1000]

Thanks for the reply Lea_HTH , I had a very nice call from the mortgage company who opened by saying it was a courtesy call and was very polite considering everyone else i have dealt with has been arrogant and bullyish , anyway . She said that they have instructed their Solicitors to adjourn the hearing and i asked for it in writing to confirm they would not be attending on the day of the hearing , would it be a good idea to attend myself just in case or would a phone call to the Court confirm they would not be attending .

 

I am now in the process of challenging the Charges , i have read a few posts already on CAG which will help to start , and thanks for the links above. Can anyone advise whether to keep it linked with this post or start a separate one and keep them separate.

 

Many thanks

[citizenB]

I will ask if it would be better for you to start a new thread regarding your charges reclaim or whether it would be ok to keep it here

[Lea_HTH]

If you get it in writing from the mortgagee, then there is no need to attend court. However, if the hearing is imminent (oh, I see it's on Monday), then if I were you I would go along to court just to be on the safe side. It is highly likely they have asked the judge to adjourn with liberty to restore, and as I said, you should ask the judge to limit that to a defined period - usually 12 months.

[ukaviator]

How did you get on with your hearing?

[oddball1000]

Hi all,

 

I had confirmation so had the day in work. I have sent a letter off regarding the fees and will post when i get a response or should i start a new post re- claiming back the fees.

[ukaviator]

Yes start a new thread on the fees. Glad things are turning around for you.