Halifax Mortgage arrears and pending repossession ** Urgent **

[Ell-enn]

If you make any more payments before the hearing you can take along proof to show the judge.

 

Have you taken a copy of the pack so you have one to refer to in the hearing ?

[jj69]

Yes got a copy ! Should I take along pay slips etc to prove proof of income ?

[Ell-enn]

You can take them along to the hearing in case they're needed.

[jj69]

You can take them along to the hearing in case they're needed.

 

Excellent thanks so far Ell-enn all geared up and ready to go !

[Ell-enn]

when you hand in the form ask the court staff if there are any duty legal advisors at court on the day of your hearing.

[jj69]

when you hand in the form ask the court staff if there are any duty legal advisors at court on the day of your hearing.

 

Handed in , paid fee and court date for 24th July, talk about cutting fine I am supposed to be flying out of country on the 25th.

Duty legal advisors will be present that day.

Feeling confident but if the decision does go against me ,can I still stop the eviction on the 29th or at least ask to have the eviction postponed to allow me to contest the decision ?

[Ell-enn]

We can do a statement for you to take with you on the day showing proof of your training course, the dates and where it is I so you can advise the judge if necessary (important you take this, just in case). I am sure you will be OK. Get to the court early and approach the duty advisors - they will be able to come into the hearing with you and support your case.

[jj69]

We can do a statement for you to take with you on the day showing proof of your training course, the dates and where it is I so you can advise the judge if necessary (important you take this, just in case). I am sure you will be OK. Get to the court early and approach the duty advisors - they will be able to come into the hearing with you and support your case.

 

Yes a statement would be good, don't want to hack off the district judge but announcing my unavailability !

 

Thanks for taking the time out for this everybody especially Ell-enn, furious it has come to this but Halifax legal will not budge ! I forgot to mention that I had spoken to them on Monday after making payment and their legal advisor was unaware of the repossession date until I told him ! They can go hang now not going to mention the court action hopefully they won't find out in time and forget to send a solicitor or legal rep, wishful thinking but serves them right.

[Ell-enn]

Halifax will get notification from the court of the hearing date, so they will send representaton.

[jj69]

Halifax will get notification from the court of the hearing date, so they will send representaton.

 

I thought they would. Last time their rep accepted my payment proposal before entering the court and put it straight to the judge. Will be interesting to see what they offer this time.

If Halifax will not accept payment plan can the judge dismiss this if he believes payment can be maintained ?

[Ell-enn]

Halifax will also get a copy of your N244 application so they will know that you are submitting the letter offering a payment proposal and also that you have made payments in line with the proposal - they will also know that the judge is extremely unlikely to grant possession to them given what you have submitted ! but like many other lenders, they will try and put pressure on right up to the hearing in the hope that a) you don't know the process and b) you'll pay up the total arrears. Anyway - It's not up to Halifax to accept or reject your payment proposal - it's totally the judge's decision and he can cancel the eviction on the basis he believes you can now afford payments going forward.

 

Remember, you are at the hearing to get the eviction stopped, the case won't be dismissed, it will just be reverted back to the suspended possession stage if the judge accepts your proposal and cancels the eviction.

[jj69]

Halifax will also get a copy of your N244 application so they will know that you are submitting the letter offering a payment proposal and also that you have made payments in line with the proposal - they will also know that the judge is extremely unlikely to grant possession to them given what you have submitted ! but like many other lenders, they will try and put pressure on right up to the hearing in the hope that a) you don't know the process and b) you'll pay up the total arrears. Anyway - It's not up to Halifax to accept or reject your payment proposal - it's totally the judge's decision and he can cancel the eviction on the basis he believes you can now afford payments going forward.

 

Remember, you are at the hearing to get the eviction stopped, the case won't be dismissed, it will just be reverted back to the suspended possession stage if the judge accepts your proposal and cancels the eviction.

 

Cheers Ell-enn you hit the nail on the head as Halifax are still insisting on arrears cleared by end of July , an amount of £1700 which seems a waste of time to all concerned if these will be cleared in under 8 months with my current proposal ! If the judge does side with repossession what are the options or is it game over then ?

[Ell-enn]

It is very, very, very unlikely that the judge will allow the eviction to go ahead. Make sure you get support from the duty legal team at court. It will be fine

[jj69]

It is very, very, very unlikely that the judge will allow the eviction to go ahead. Make sure you get support from the duty legal team at court. It will be fine

 

Yep will do , thanks for putting my mind at rest !

[jj69]

Halifax will also get a copy of your N244 application so they will know that you are submitting the letter offering a payment proposal and also that you have made payments in line with the proposal - they will also know that the judge is extremely unlikely to grant possession to them given what you have submitted ! but like many other lenders, they will try and put pressure on right up to the hearing in the hope that a) you don't know the process and b) you'll pay up the total arrears. Anyway - It's not up to Halifax to accept or reject your payment proposal - it's totally the judge's decision and he can cancel the eviction on the basis he believes you can now afford payments going forward.

 

Remember, you are at the hearing to get the eviction stopped, the case won't be dismissed, it will just be reverted back to the suspended possession stage if the judge accepts your proposal and cancels the eviction.

 

Ha had a call from legal team asking if I was in a position to pay off the £1500 by the end of July. Told them I could do £900 by the end of July and he should propose that to his client. He replied that the full arrears would need to be cleared as stipulated by his client, he also proceeded to tell me that I should speak to court and they may be able to assist in stopping the possession. I stopped him in is tracks and told him I was aware of the N244 form and how to go about filling in then submitting and not to forget the offer letter plus numerous calls to themselves and Halifax to avoid this course of action. He got very nice then asking if I could keep him updated with any course of action or dates involved, don't worry I said you will soon be notified. Seems to me the legal team realise that I am prepared to fight to save my home and not just give in to bullying tactics.

[Ell-enn]

Yep, they'll keep on asking for the full arrears right up until a judge tells them no !

[jj69]

Yep, they'll keep on asking for the full arrears right up until a judge tells them no !

 

Im not even going to give them satisfaction of talking over the phone instead concentrate on next week and getting all documentation ready !

[Chris-ssy]

Hi I just wanted to wish you the best of luck at court on the 24th. I

 

ve been in your position 8 times and ive had a suspended order in all but one case.

 

The last one was on 24th June and all was well.

 

As I could prove that I was able to make payments of the current cmi plus an extra 200 per month to clear the arrears.

 

We have arrears of 16,000 and the judge still sided with us.

 

He said in order to allow the eviction to go ahead he would have to prove without a doubt that the mortgage was utterly unaffordable.

 

As this wasn't the case he granted another suspended order.

 

What im trying to say is that I really think and hope that it will go in your favour

as you can show that you can now maintain regular payments.

 

I know nothing is 100% but I will be thinking of you and keeping my fingers and toes crossed!

[jj69]

Hi I just wanted to wish you the best of luck at court on the 24th. I

 

ve been in your position 8 times and ive had a suspended order in all but one case.

 

The last one was on 24th June and all was well.

 

As I could prove that I was able to make payments of the current cmi plus an extra 200 per month to clear the arrears.

 

We have arrears of 16,000 and the judge still sided with us.

 

He said in order to allow the eviction to go ahead he would have to prove without a doubt that the mortgage was utterly unaffordable.

 

As this wasn't the case he granted another suspended order.

 

What im trying to say is that I really think and hope that it will go in your favour

as you can show that you can now maintain regular payments.

 

I know nothing is 100% but I will be thinking of you and keeping my fingers and toes crossed!

 

Hi Chrissy thanks for that it's great to have your support and experience

[Ell-enn]

Hi I just wanted to wish you the best of luck at court on the 24th. I

 

ve been in your position 8 times and ive had a suspended order in all but one case.

 

The last one was on 24th June and all was well.

 

As I could prove that I was able to make payments of the current cmi plus an extra 200 per month to clear the arrears.

 

We have arrears of 16,000 and the judge still sided with us.

 

He said in order to allow the eviction to go ahead he would have to prove without a doubt that the mortgage was utterly unaffordable.

 

As this wasn't the case he granted another suspended order.

 

What im trying to say is that I really think and hope that it will go in your favour

as you can show that you can now maintain regular payments.

 

I know nothing is 100% but I will be thinking of you and keeping my fingers and toes crossed!

 

Hi Chris-ssy, thanks for coming back and offering your support I remember your case and was glad to hear it all went well