Halifax Mortgage arrears and pending repossession ** Urgent **

[jj69]

Hi JJ, it can be anything between 4 and 6 weeks away from the court hearing date. I would be surprised if it is sooner than that. Wait and see if the court papers arrive (sometimes they threaten the court date to scare you into paying up). We'll deal with them appropriately if they arrive.

 

Try not to worry too much - there's always something that can be done.

 

 

Thanks Ell-enn...not worried looking forward to donning my boxing gloves...was not sure if this was a pay up now type of letter ( like I have £9000 tucked away under the mattress)..

Judging by the payments I have made it's not like Halifax have had nothing for a year so really confident for the coming months..

[Ell-enn]

That's the stuff JJ ! Stay positive

[sleepingdog]

Hi jj69, I payments were much worse than yours ,no full payments for well over a year, of payments made they were between 50 - 65 % of contractual also many missed payments.Full payments only started just before deadline ( 60 days after court appearance).

sleepingdog

[jj69]

Hi jj69, I payments were much worse than yours ,no full payments for well over a year, of payments made they were between 50 - 65 % of contractual also many missed payments.Full payments only started just before deadline ( 60 days after court appearance).

sleepingdog

 

 

Many thanks for all you help on this....same for Ell-enn as well...

[jj69]

That's the stuff JJ ! Stay positive

 

 

Morning Ell-enn..

Got my court summons today and hearing is on 27 April.

Letter dated 18th March and got it today 23rd.

Firstly I belive I have 14 days to reply is that right ?

Should I contact the court and let them know I have just got it ?

 

Secondly most of the items seem pretty straight forward such as budget and expenditure but may need some assistance with items such as reason for arrears..( I have a few valid reasons but need to put them in correct terms)

I am certainly going to court although the nice lady on the phone at Walker Morris said they were going for sus repo there claims are the missing mortgage arrears but also showing my last three months payments , though I have to add they have not included March as a full payment ( paid £20 two weeks ago plus the contractual to pay Mar 31st which was agreed with solicitors ) so this will be a plus payment when I get to court.

One other thing I may not be able to pay Aprils full payment until the last working day then again I may get paid on the Friday when the case is to be heard..either way I can make the payment...should I note that on the document to send back ?

[Ell-enn]

Hi there, I assume you have received a Claim for Possession together with an N11M defence form? You have until 14 days before the hearing to submit the N11M but in reality courts will accept them up to a week before - so we have plenty of time to get a statement together for Q.27 of the defence form, and I can help you with that.

[jj69]

Hi there, I assume you have received a Claim for Possession together with an N11M defence form? You have until 14 days before the hearing to submit the N11M but in reality courts will accept them up to a week before - so we have plenty of time to get a statement together for Q.27 of the defence form, and I can help you with that.

 

 

Thanks Ell-enn..yes it is the N11M form..I am just hooking up my scanner just in case but it sounds like you have plenty of experience in this particular form anyway..I shall get back to you if that's ok..

[sleepingdog]

Hi jj69 , good luck for court case ,but I don't think that you need it as you seem to be getting on well.I will be keeping an eye on this thread but probably not be contributing much as Ell-enn has all the experiance and advice that you need.

sleepingdog

[Ell-enn]

Thanks Ell-enn..yes it is the N11M form..I am just hooking up my scanner just in case but it sounds like you have plenty of experience in this particular form anyway

 

Yep!

[jj69]

Hi jj69 , good luck for court case ,but I don't think that you need it as you seem to be getting on well.I will be keeping an eye on this thread but probably not be contributing much as Ell-enn has all the experiance and advice that you need.

sleepingdog

 

Sleepingdog let me just say your information has been vital and brilliant at the same time.It is good that somebody else has been in this situation especially dealing with the same company and without the advice from yourself and Ell-enn I would be going around in circles looking at a repossessed house by now.

Your postition seemed to be worse than mine yet you got back on track and managed to save your house..which has made me more determined than ever to fight for this rather than just turn up at court and sit like a nodding dog..in fact I am looking at getting charges and costs removed at least if not I have all the figures in front of me plus plenty of correspondence which proves this action need never have been taken...

I shall keep you posted.

In the meantime on a slightly different note I have a few letters to send off to DCA's about reclaiming charges and plan to contribute to this excellent site after my court case...keep up the good work all..

[sleepingdog]

Hi jj69 ,thanks for the comments,glad to have been of help,my mortgage situation did seem to have been in a worse state than yours which is why I know that you will save your home. I too started on my other financial afairs after I saved my home and the battles with DCAs are ongoing , I'm sure that we will bump into each other again on the battles that lay ahead ,I look forward to hearing of your successes .

sleepingdog

[jj69]

Hi jj69 ,thanks for the comments,glad to have been of help,my mortgage situation did seem to have been in a worse state than yours which is why I know that you will save your home. I too started on my other financial afairs after I saved my home and the battles with DCAs are ongoing , I'm sure that we will bump into each other again on the battles that lay ahead ,I look forward to hearing of your successes .

sleepingdog

 

Now I know you have experienced DCA's I shall be in no doubt who to come to for info...will keep you posted on the pending court case..

[jj69]

Yep!

 

Hi Ell-enn..

I have recieved a letter from Walker Morris (dated 23 March) basically saying I have not got in touch and produced an expenditure sheet or offered a payment plan if I do not notify them they will go for order of repossession blah blah,you must attend court etc etc..

Yet I also have a letter dated 12 Mar stating that the current payment proposal was accepatable.

I spoke to the numpty's this morning and a rather helpful lady said not to worry is a standard letter sent out by mistake and payment plan was still acceptable (hello left hand and right not working )

I have kept all the documents which should look good when I get to court but I am mighty peeved that I may be getting charged for each letter coming out.

Should I get them to confirm the payment plan in writing again ?

Also do I need to inform the court I will be attending as I have not done this yet.

Re N11 form the solicitors have sent me a similar one so should I get that to tally with the courts form when asking for the reason behind the arrears ?

[Ell-enn]

Hi there, what form have the solicitors sent? you shouldn't need to fill in any more forms for the Claimant if you already have a payment plan accepted in writing.

 

Have you started to fill in the N11M yet? let me know when you get to Q.27 if you need help with a statement.

 

Ell

[jj69]

Hi there, what form have the solicitors sent? you shouldn't need to fill in any more forms for the Claimant if you already have a payment plan accepted in writing.

 

Have you started to fill in the N11M yet? let me know when you get to Q.27 if you need help with a statement.

 

Ell

 

It is a income and expenditure form with a section at the end asking for reasons of arrears,but I sent that to Halifax previously..to be honest dont want to fill another form in when I have sent expenditure to the Halifax months ago...

Nearly completed N11 so will speak to you about Q27..

[jj69]

Hi there, what form have the solicitors sent? you shouldn't need to fill in any more forms for the Claimant if you already have a payment plan accepted in writing.

 

Have you started to fill in the N11M yet? let me know when you get to Q.27 if you need help with a statement.

 

Ell

 

Ell-enn..on the N11M form i have a few queries on some of the questions :

Q2 - Disputing the claim...agreeing with what is said about the property and particular of claim.. should I say yes or no ?

(most of it describes what the mortgage rates have been etc)

 

Q5 - Should the court see if the original terms of the agreement are fair - yes or no ?

 

Q7 - Have you paid any money since the claim was issued.

Would this be from when the first action was taken - ie a letter in January saying Halifax are taking court action or when I recieved the court summons letter which is March.

Q27 -

The arrears were due to loss of job,contract job with irregular payments and seperating from wife in that order..

 

Not asking much am I...lol..

[Ell-enn]

Ell-enn..on the N11M form i have a few queries on some of the questions :

Q2 - Disputing the claim...agreeing with what is said about the property and particular of claim.. should I say yes or no ? If the details of the property are correct then you should tick Yes.

(most of it describes what the mortgage rates have been etc)

 

Q5 - Should the court see if the original terms of the agreement are fair - yes or no ? No

 

Q7 - Have you paid any money since the claim was issued.

Would this be from when the first action was taken - ie a letter in January saying Halifax are taking court action or when I recieved the court summons letter which is March. This is from when you received the Claim form from the court.

Q27 -

The arrears were due to loss of job,contract job with irregular payments and seperating from wife in that order.. I'll draft up a statement for you to attach to the N11M and post it on here either tonight or tomorrow. You should write in the box at Q.27 "Please see affixed sheet"

 

Not asking much am I...lol.. Not at all

 

Ell-enn

[jj69]

Ell-enn

 

Fantastic...I appreciate you giving up your time for this..so just attach the sheet when you get that spare moment

[Ell-enn]

Hi JJ, statement for Q.27 affixed. You just need to enter the info where there are XX's and blanks. When you print it out make sure your printer is set for A4 paper (not Letter size) and that it all stays on one page.

 

You'll need to take a copy of everything before you hand it into the court (or send by recorded delivery). You've got until 14 days before the hearing to hand it in so if you will be making another payment before then add that to the list of payments in the statement (affix proof of payment if you can).

 

Any questions, just shout.

 

Ell-enn

JJ69 Statement.doc

[jj69]

Hi JJ, statement for Q.27 affixed. You just need to enter the info where there are XX's and blanks. When you print it out make sure your printer is set for A4 paper (not Letter size) and that it all stays on one page.

 

You'll need to take a copy of everything before you hand it into the court (or send by recorded delivery). You've got until 14 days before the hearing to hand it in so if you will be making another payment before then add that to the list of payments in the statement (affix proof of payment if you can).

 

Any questions, just shout.

 

Ell-enn

 

 

Fantastic..thanks for taking time out to do that...

Just as a side note is it worth mentioning the charges on this account which have no doubt occured over the last year and a half, or is that jumping too far ahead ?

To be honest getting the possession put to one side is the main priority.

 

One other thing as mentioned before I have an expenditure form to fill in for the Solicitors,should I fill in,send back and keep a copy for court ?

[jj69]

Hi JJ, statement for Q.27 affixed. You just need to enter the info where there are XX's and blanks. When you print it out make sure your printer is set for A4 paper (not Letter size) and that it all stays on one page.

 

You'll need to take a copy of everything before you hand it into the court (or send by recorded delivery). You've got until 14 days before the hearing to hand it in so if you will be making another payment before then add that to the list of payments in the statement (affix proof of payment if you can).

 

Any questions, just shout.

 

Ell-enn

 

One other question..should I mention to the judge the letters recieved from solictors with one dated 12 March showing an arrangement plan and the other dated 23rd March stating if I do not pay arrears or come to an arrangement then the Halifax will go for repossession.I know these are standard letters and I have discussed this over the phone with the solicitors but it would be nice to show the judge that despite my communication they were still churning out these wonderfully crafted letters.

Or should I include these with my other documentation to be sent to the court ?

[Ell-enn]

Hi there, I've amended your statment (affixed) You need to write claim number and Appendix 3 on the two letters and affix with everything else.

 

Kind Regards

 

Ell-enn

JJ69 Statement 30 March.doc

[DanDesperate]

Sorry if I am in the wrong section. Quick question if I have a credit card to pay SPML can they refuse to take it because "it is a form of credit"

[Pab10]

Subbing with great interest. I am also in arrears with the Halifax and have found this thread very informative.

Good luck JJ69.

[jj69]

Subbing with great interest. I am also in arrears with the Halifax and have found this thread very informative.

Good luck JJ69.

 

Hi Pab10...

All I can say is don't give in...the guys on this forum have been excellent..up to Dec last year I was in danger of losing my house due to paying idiot DCA's instead of putting it towards my mortgage.Now I am ready to go to court tomorrow if need be....

I have paid my contractual today +£50 but I also paid about £20 two weeks ago so all in my favour.

Three months full payments plus extra on top..

I have all letters sent to and from the Halifax over the last three months including the rejection of my payment offer in Jan which strangely enough is exactly what I am doing now and have been for the last three months.

Any advice please ask but one of the most important things I have learned on here is EVERYTHING IN WRITING !!

Keep pestering the Halifax and send recorded letters to them..pay what you can even if it's only £10 every other week.

I am now tackling my other arrears with loans via the Debt collection section..