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    • Hi everyone, I have an update on my case that I’d like to share with you all.  so after submitting 371 pages in my bundle, a witness statement and skeleton argument for my court case due to take place in Manchester on June 21st I got an email from my litigator stating that hmrc have pulled out and the case is now closed!    this is the body of the letter….. This letter, which is copied to the Appellant, pursuant to Rule 17 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the Respondents gives notice to the Tribunal of their intention to not defend the above appeal.   The Respondents respectfully invite the Tribunal to allow the appeal and close its file. In lieu of the above the Respondents would respectfully ask the Tribunal to vacate the hearing scheduled for Friday 21 June 2024. We would accordingly invite the Tribunal to close its file. Obviously this is extremely good news which hasn’t sunk in that after 3 years of fighting it is over.    I do have a further fight on my hands in that the Group Action I had joined with Independent Tax that had been disbanded in November last year and I chose not to continue with them. They are trying to bill me over 5k for the work they did under that Group Action which is ludicrous bearing in mind the whole point in joining was that it would keep the cost to a minimum as it would be shared between us all. They had asked if I wanted to continue to have them represent me on an individual level which I declined, if I hadn’t, goodness knows what they would have been trying to charge me now. 
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    • As PM Sunak really showed his true colours at the D Day Commemorations by doing what? Oh I am the British PM lets just leave early I have better things to do and as he is called out on disrespecting all those veterans that served our country for the freedoms we have today he gives a groveling apology to little to late. He knew about this event for a long time and also knew that this is probably the last D Day Commemoration due to the age of those Veterans who gave so much for there countries freedom. Even on the day of the D Day Commemoration he still could have changed his plans As PM and stayed but choose not to showing such DISRESPECT to those Veterans, those that lost there lives and Families for the Freedoms we have today Being a Veteran myself I have never known a PM to show such disrespect what the hell was he thinking SHAME ON YOU PM SUNAK  
    • Thanks. We'll try to help over the weekend. If the hearing is on 05/07 then it's 90% sure that the deadline for filing your WS is 21/06.
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Repossession Hearing


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Good afternoon.

 

Received, this morning, a notification of a Repossession Hearing set for 10th April.

 

Brief Details:

 

It is a 'restored' hearing from last year.

 

The previous hearing (March 2013) was 'adjourned' due to the arrears, at the time, being paid off in full.

 

Current Arrears are £1220.

 

Monthly Current Payments £266.

 

No other person named on the mortgage.

 

Any help would be most welcome as to what action I should take, in the event that I don't manage to get the money together prior to the date of the hearing.

 

Cheers

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What was the reason for missing payments following the adjournment last year? If you can't clear the arrears before the hearing you will need to complete the N11M defence form and write a statement to go with Q.27 of the form, explaining your reasons and making an offer to clear the arrears.

 

Are you able to make the contractual payment + something towards the arrears going forward?

 

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

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Thank you very much for your reply.

 

My flow of work (self employed) has been, to say the least, sporadic.

 

I suppose the answer to that has to be 'yes' really.

 

Will take a look at the guide.

 

Cheers.

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You could cetainly write to them with your proposal - there is an example of a letter for that in the guide.

 

Shout if you need any help with anything

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

 

 

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Thank you.

 

The notice from the court doesn't provide any details of the arrears etc. Will details follow in due course?

 

Also it seems odd to ask for proposals from me whilst at the same time, it would appear, given the dates of the letters, applying to the court for the hearing to be 'reinstated'?

 

Cheers

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Hi, lenders will always ask for proposals from you even when they have issued a claim - they are trying to convince the court that they have been reasonable and tried to come to an arrangement with you right up to the last minute. You should write to them making an offer (template letter in the guide - page 10) at the same time ask for an up to date arrears figure. Make sure you send the letter by recorded delivery and keep a copy as you will need it to add to your defence form.

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

 

 

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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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I have now got everything together, ready to send to the court and the lender tomorrow.

 

I still haven't had a letter/statement quantifying the arrears.

 

I have had a letter from the lender informing me of the time of the hearing though, albeit it stated a time an hour later than that included in the notification from the court.

 

Thank you for your help, Ell-enn.

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Whilst I'm here, I obviously need to get a result at court first; but would the arrears charges of £40 a month be deemed to be excessive?

 

Is it something I should look into after the court hearing?

 

Cheers

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I've had a very productive week, which makes a pleasant change.

 

I know it would only be an informed opinion; but if I were to reduce the arrears to £650, would the lender be likely to adjourn, or whatever the correct term is, the hearing?

 

I assume that if my initial proposal is accepted, they would still be granted a suspended possession order by the court?

 

Any thoughts would be most welcome.

 

Cheers.

Edited by RADBROOK
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Have you had any reply from the lender to your proposal ? did you send the letter to them and the documents to the court by recorded delivery ?

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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Unless you clear the arrears in full the lender will get a suspended possession order. However, if you do reduce the arrears before the hearing and take along proof of the payment then it will of course help your case.

 

 

In your statement in the defence papers you sent to court did you quote the Norgan case ?

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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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