Jump to content


  • Tweets

  • Posts

    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Halifax Mortgage arrears and pending repossession ** Urgent **


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3604 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi All...

I have been looking at this forum for a couple of months and have made the leap to register.

Anyway I would like some assistance with the following please and if this is in the wrong area please forgive me.

 

Basically I have missed several mortgage payments to the Halifax and the arreas currently total £7000.

I have had a few payment arrangements and some have failed due to not enough money coming in at the time.

I was made redundant back in Nov 2007 for three months then found contract work for about five months but the payments from an agency were random such as fortnightly or monthly and as I was an umbrella company and needing to pay bills I did not want to alter a steady income.

My wife and I seperated so that was one less income coming in.

I have been in full time work since July 2008 with a government backed company so know my job is safe and I have a good salary with overtime etc..

Halifax have been fair (but not flexible) with excepting random payments but now say I will recieve a letter from their solicitors about possible court action but this may be avoided or suspended if I continue to pay the actual monthly amount £840 and then put the arreas back onto the term of the mortgage.

The guy from Halifax did say the whole process could take up to six months but I would rather not go to court at all.

I have made payments since August,some contractual some not although I only paid £400 in December 08 which has prompted the action.

I plan to pay the full contractual amount in Jan 09 plus about £70 extra and will continue this for the next few months.

After speaking to the CCCS and CAB both advisors say they would not go for repossesion but rather except the payment scheme.As a side note I did ask Halifax back in Sep to switch to an interest only for a year but they refused unless I made six consequtive payments which they may agree to again.

Has anybody had a similar experience with this or Halifax and would they go for a reposssesion if I continue to pay my contractual amounts ?

I have bank statements going back over a year showing payments and should Halifax have allowed me to switch the mortgage when I asked?

I am only concerned if I go to court I may have an unsympathetic judge

Edited by jj69
Link to post
Share on other sites

  • Replies 269
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hello and Welcome, jj69.

 

I'll move this thread to the appropriate Forum, hopefully you'll get some good advice.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

Hi there, if you have an income and can make the contractual monthly payments plus an amount towards the arrears each month, then no judge will order possession.

 

You need to write to the Halifax outlining your proposal for clearing the arrears (including a budget sheet) and asking for their acceptance in writing. Also point out the new mortgage pre-action protocols. The letter needs to be sent by recorded delivery.

 

If you need any help with the letter and budget sheet let me know.

 

Ell-enn

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.

Link to post
Share on other sites

Thanks for that Ell-enn.

I have recieved the same advice from a couple of organisations so you comment has reassured me.

I am calling Halifax tomorrow to poay my monthly contractual amount plus £50 towards the arreas.

Is it worth trying to come to an arrangement over the phone with the arreas dept at this point ?

Also I have not recieved a letter from the solicitors yet but could be due this week.

Can I negotiate with them at this point and how long would the process take to get to court from this first letter.

Just a side note I intend to keep paying small amounts into the mortgage besides the contractual payment just in case the Halifax proceed with court action.

Link to post
Share on other sites

I would definitely recomment putting any payment proposal in writing accompanied by a budget sheet to reinforce it. The trouble with telephone conversations (and verbal agreements) is that you can never prove what was said. If you put your proposal in writing they have to respond in writing and that is the safest way.

 

I have affixed the budget sheet we use, remember when filling it in that the amount you want to offer each month towards the arrears (on top of the normal payment) is the amount left over after everything else has been paid.

 

You should mention in the letter the Civil Justice Council mortgage pre-action protocols. If you would like me to draft a letter please let me know.

 

Kind Regards

 

Ell-enn

Budget Sheet.xls

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.

Link to post
Share on other sites

Yes if you could draft a letter that would be great.

The last person I spoke to in the arreas dept told me that if I kept up with the payments from Jan it would help me in case it went to court,it basically sounded like they were telling me ' keep up the payments and it may not get to court or they would go for suspended' , then add arreas onto the remainder of the mortgage term.

I am worried that previous payment plans have failed but that was last year and a judge may not be leinient if he sees this.

That said I did ask Halifax to put me on a interest only mortgage for a year back in Sep 2008 but they would only do so if I made six full payments of the contractual payment.

I have a budget planner already made out which shows I have about £140 left at the end of the month.

My arreas being about £7000 I can see Halifax may ask for an additional £100 per month..is this something they could enforce ?

Link to post
Share on other sites

I cant really offer any advice but can let you know a bit about my experience with the Halifax and mortgage arrears.

 

I owe £15,000 in arrears but have made the last 6 months contractual payments plus £40 off arrears. I should also be able to do this in the forseeable future. Payments before that were sketchy over the last 4 years to say the least.

 

As I am on a fixed rate, the interest on the arrears is calculated at SVR which is a lower rate, meaning it would cost more to have the arrears added to the capital. So this may be something to consider.

 

I have had no letter regarding solicitors, courts or repossession, but have had debt councellors call to my home which I was charged £100 for.

 

In my experience the Halifax have been very understanding and as long as payments are being made I think they will be with you also, though I suggest you also get everything in writing as others have said.

 

I also wanted to suggest perhaps you look into reclaiming any unfair charges they may have levied on top of your arrears. I recently sent off an SAR, and have found 2K in charges. I dont know if I will succeed in reclaiming them, but I thought it was worth a shot.

Link to post
Share on other sites

Hi, on the budget planner you should only show the amount being left over as the amount you want to pay towards the arrears each month. You may need to increase the amounts you have put down for utility bills (as they have increased a lot over the last six months) and food etc.

 

I will draft a letter later this afternoon and post on here for you.

 

Ell-enn

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.

Link to post
Share on other sites

Hi jj69, I have had dealings with Halifax over mortgage problems due to redundancy ,variable income ,failed payment arrangements, attempted repossession etc. At the time I thought that halifax was not very helpful but when I look back and compare to the many horror stories that I read on this site with sub prime lenders I soon realised that they were in fact good and have since allowed me to change to another of their products to reduce my monthly expenditure. I did find their solicitors unhelpful though and may have lost my home had I not gone behind the solicitors back and nogotiated directly with Halifax themselves.

Hope you get over your problems soon.

Sleepingdog

Link to post
Share on other sites

Thanks Angelamc777...it is really good to have somebodys opinion who has dealt with Halifax so that is a relief..

I too have had the debt councellor which cost me a £100 (thanks)

Did you come to an arrangement with Halifax over the phone ?

Did you also go through their arreas dept ?

 

 

Hi Ell-enn I have got a copy of the budget planner so working on that now and thanks for the letter..I shall look out for that..

Link to post
Share on other sites

Hi jj69, I have had dealings with Halifax over mortgage problems due to redundancy ,variable income ,failed payment arrangements, attempted repossession etc. At the time I thought that halifax was not very helpful but when I look back and compare to the many horror stories that I read on this site with sub prime lenders I soon realised that they were in fact good and have since allowed me to change to another of their products to reduce my monthly expenditure. I did find their solicitors unhelpful though and may have lost my home had I not gone behind the solicitors back and nogotiated directly with Halifax themselves.

Hope you get over your problems soon.

Sleepingdog

 

 

I know what you mean at least Halifax are tied to FSA rules etc...

When you say going behind the solictors back did that mean dealing with the dept that had your account before the solictors got involved ?

I have the number of the last dept and they told me to ring them for future debit card payments.

Did the solicitors except any proposed payment plans ?

Link to post
Share on other sites

Just an additional note:

I have just spoken to Halifax legal and they have not requested a solicitors letter yet but will do after the 30th Jan.

They said that if I keep to payments up to the court date they may go for adjournment.

I asked about a suspended order and they said most judges would suspend or some may go for repossesion based on a monthly basis.

She was not giving any answers when I suggested about a monthly plan going forward but I intend to make my contractual payment tomorrow with additional and get them to confirm in writing...

Hopefully they will except these ongoing payments without pressing for court action.

I would like to try and get my mortgage product swapped ( variable rate at the mo) on to interest only but not sure how they would take this...

Link to post
Share on other sites

Hi jj69 ,when halifax started repossesion proceedings I had to deal directly with the solicitors (drydens) .At court the solicitor asked questions outside the courtroom then stated as she walked off 'too little too late' .In court I found the judge sympathetic and was given time to sort out my employment problems which I did quickly yet when I offered payment plan over the phone to solicitors was told 'not enough'. This happened each time I phoned them with an ever increasing amount to repay arrears until 2 days before possesion deadline when I tried halifax who told me to negotiate with solicitors that was until they listened to my story ,they then offered to accept full payments only without any off arrears. They then after 6 full payments put arrears over full term of mortgage .As my mortgage had previously gone from fixed to variable during my employment problems increasing my financial problems I recently asked if they could help as I was concerned that if interest rates go up I could again find myself in trouble. They were able to give my a fixed rate and even increase my term. This has helped and taken a weight off my mind ,they also said that if I had got into financial problems again that they would go down all the normal routes of help before using court action even though they already have a suspended possesion order on the house ( for another 6 years) , I found this good as well.

hope this helps (by the way my arrears were 15k).

sleepingdog

Link to post
Share on other sites

Hi jj69 ,when halifax started repossesion proceedings I had to deal directly with the solicitors (drydens) .At court the solicitor asked questions outside the courtroom then stated as she walked off 'too little too late' .In court I found the judge sympathetic and was given time to sort out my employment problems which I did quickly yet when I offered payment plan over the phone to solicitors was told 'not enough'. This happened each time I phoned them with an ever increasing amount to repay arrears until 2 days before possesion deadline when I tried halifax who told me to negotiate with solicitors that was until they listened to my story ,they then offered to accept full payments only without any off arrears. They then after 6 full payments put arrears over full term of mortgage .As my mortgage had previously gone from fixed to variable during my employment problems increasing my financial problems I recently asked if they could help as I was concerned that if interest rates go up I could again find myself in trouble. They were able to give my a fixed rate and even increase my term. This has helped and taken a weight off my mind ,they also said that if I had got into financial problems again that they would go down all the normal routes of help before using court action even though they already have a suspended possesion order on the house ( for another 6 years) , I found this good as well.

hope this helps (by the way my arrears were 15k).

sleepingdog

 

 

Thanks sleepingdog...did you get a letter first stating that proceedings were going ahead ?

I would much prefer to avoid court at all possible especially as the solicitors sound non helpful.

My arrears occurred when I lost my job for about 3 months then had irregular payments for another 3-4 months working for an agency.

Did the judge take this into account when you attended ?

If I realised the difficulties then I would have asked Halifax to make changes way back but they were happy to except my payment plan foolishly thinking I could make up the arrears with my next salary.

By the way what did you offer the solicitors ? I was thinking of somewhere up to £100 then get the arrears extended into the mortgage for the rest of the term after six consequative payments.

Link to post
Share on other sites

Thanks Angelamc777...it is really good to have somebodys opinion who has dealt with Halifax so that is a relief..

I too have had the debt councellor which cost me a £100 (thanks)

Did you come to an arrangement with Halifax over the phone ?

Did you also go through their arreas dept ?

 

 

Hi Ell-enn I have got a copy of the budget planner so working on that now and thanks for the letter..I shall look out for that..

 

 

I came to 4 different arrangements over the phone with the arrears dept. Everytime I missed a payment, I had to phone and rearrange a new agreement. They initially wanted more than £40 off the arrears, but accepted this was all I could afford after the contractual payment.

Link to post
Share on other sites

I came to 4 different arrangements over the phone with the arrears dept. Everytime I missed a payment, I had to phone and rearrange a new agreement. They initially wanted more than £40 off the arrears, but accepted this was all I could afford after the contractual payment.

 

 

I've had about six in total and although I missed paying the contractual amounts I did pay about half in some cases.

I am worried they may hold this against me but I will try and arrange something with them tomorrow when I pay my contractual amount for Jan.

Did you account end up with the legal dept ?

Link to post
Share on other sites

Amazingly no!

 

Though this scenario has been going on 4 years

 

That is amazing...I'm hoping that Halifax will except my ongoing payments and adjourn the court action..

It is good to know that other people are facing the same issues.

So are you currently back on track with Halifax ? Have they accepted your new payments ongoing ?

Link to post
Share on other sites

This Wednesday will be my 6th Payment in a row which has been on time and for the full contractual amount including £40 arrears.

 

Halifax has not sent a letter or had made any contact with me since I started making regular payments. I phone them every month to make the payment.

 

As I mentioned earlier I am now looking at reducing the arrears by applying for the unfair bank charges back.

 

I have only lately started looking at my debts and trying to organise my finances, something I have been notoriously stupid about.

 

I've been on MSE to save money and hope to clear most of those arrears over the next 2 -3 years. My income goes up in March making this possble. Once this is done I hope to start overpaying to get the mortgage cleared early.

 

Halifax have mentioned about adding the arrears to the lump sum, but I have not taken them up on this yet as the interest calculated on the arrears is at a lower rate than the capital Iyswim.

Link to post
Share on other sites

Hi there, affixed is the letter to send with the budget sheet. You should sent it by recorded delivery and keep a copy of both the letter and budget sheet together with the receipt for posting. Check on the Royalmail website in a few days to print off the signature receipt. Keep all together safely.

 

Any questions, just shout.

 

Ell-en

JJ69 Letter.doc

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.

Link to post
Share on other sites

Hi jj69 ,when halifax started repossesion proceedings I had to deal directly with the solicitors (drydens) .At court the solicitor asked questions outside the courtroom then stated as she walked off 'too little too late' .In court I found the judge sympathetic and was given time to sort out my employment problems which I did quickly yet when I offered payment plan over the phone to solicitors was told 'not enough'. This happened each time I phoned them with an ever increasing amount to repay arrears until 2 days before possesion deadline when I tried halifax who told me to negotiate with solicitors that was until they listened to my story ,they then offered to accept full payments only without any off arrears. They then after 6 full payments put arrears over full term of mortgage .As my mortgage had previously gone from fixed to variable during my employment problems increasing my financial problems I recently asked if they could help as I was concerned that if interest rates go up I could again find myself in trouble. They were able to give my a fixed rate and even increase my term. This has helped and taken a weight off my mind ,they also said that if I had got into financial problems again that they would go down all the normal routes of help before using court action even though they already have a suspended possesion order on the house ( for another 6 years) , I found this good as well.

hope this helps (by the way my arrears were 15k).

sleepingdog

 

Hi sleepingdog...what was the timescale like when the solicitors got involved ?

Involvement with the solicitors is not due until 30th Jan.

I have made my contractual payment today plus £40 extra,the lady in the legal team was helpful enough but did say because of the broken payment arrangements they would still proceed with court action but in most cases consider a suspended order.

I intend to keep ringing the legal team and make small interim payments such as £20 here and there as well as my contractual.

Did the judge mention anything to you about broken arrangements ?

Link to post
Share on other sites

Hi there, affixed is the letter to send with the budget sheet. You should sent it by recorded delivery and keep a copy of both the letter and budget sheet together with the receipt for posting. Check on the Royalmail website in a few days to print off the signature receipt. Keep all together safely.

 

Any questions, just shout.

 

Ell-en

 

Thanks for your helpEll-enn...

Just a quick question as you seemed pretty clued up in this area.

Do you know the timescale for solictors to get involved up to court action ?

My account is due to get involved with solicitors on the 30th Jan but am currently dealing with the legal team who said they would still proceed with court action but in most cases go for suspended as they would like to keep people in their homes...

By the way made a full contractual payment today plus £40 extra..not agreed with legal team but I paid the extra to help the cause..

Link to post
Share on other sites

Hi there, if they pass your account to their solicitors they will issue a claim for possession in your local county court. The date for the possession hearing is usually about 6 - 8 weeks from the date of issue. So - if they issue a claim at end of January it will more than likely be middle to end of March for a hearing date. This gives you time to prove you can make consistant payments, and can easily be defended.

 

As long as you have an income and can show the judge you are able to maintain payments towards the arrears each month in addition to the normal monthly payment you will be OK. In your circumstances, there is no way a judge would give possession at the first hearing.

 

Hope this sets your mind at rest a bit - if you do get a claim form please let us know as it is important to put forward a credible defence.

 

Kind Regards

 

Ell-enn

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.

Link to post
Share on other sites

Hi there, if they pass your account to their solicitors they will issue a claim for possession in your local county court. The date for the possession hearing is usually about 6 - 8 weeks from the date of issue. So - if they issue a claim at end of January it will more than likely be middle to end of March for a hearing date. This gives you time to prove you can make consistant payments, and can easily be defended.

 

As long as you have an income and can show the judge you are able to maintain payments towards the arrears each month in addition to the normal monthly payment you will be OK. In your circumstances, there is no way a judge would give possession at the first hearing.

 

Hope this sets your mind at rest a bit - if you do get a claim form please let us know as it is important to put forward a credible defence.

 

Kind Regards

 

Ell-enn

 

 

It has certainly helped me a lot more..could the solicitors push for repossession and have a good case backed by the broken arrangements ?

Also should I compile notes when the arrears started and the circumstances such as redundancy plus inconsistent payments from agency work.

Is it also worth mentioning that I had asked for the mortage to be changed last year ( only over the phone nothing in writing).

I don't want a tit for tat situation in court just need to be honest to the judge and prove I can make payments.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...