Repossession Hearing

[RADBROOK]

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

[Ell-enn]

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

[RADBROOK]

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.

[RADBROOK]

Just to add, I received a letter from TLT three days ago asking me if I have any proposals that I would like them to forward to their client (JPMorgan Chase Bank).

Edited March 15, 2014 by RADBROOK

[Ell-enn]

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

[RADBROOK]

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

[RADBROOK]

Does anyone have any thoughts on the above post, please?

[Ell-enn]

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.

[RADBROOK]

Will do.

 

Thank you, once again, for your help.

 

Forgive me, but I would have thought they would have had to quantify the amount of arrears. Or is that not the case?

[RADBROOK]

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.

[RADBROOK]

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

[RADBROOK]

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 March 29, 2014 by RADBROOK

[RADBROOK]

Does anyone have any thoughts on the two posts above, please?

 

Cheers

[Ell-enn]

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 ?

[RADBROOK]

Ell-enn

 

No.

 

Yes.

 

Any comment on post 12 would be welcome.

 

Cheers

[Ell-enn]

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 ?

[RADBROOK]

Ell-enn,

 

Understood.

 

Yes.

 

Thank you very much for all your help.

 

Cheers.