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Halifax Repossession - Advice needed

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On friday (12/05/2017) I recieved a letter from court containing general Form Of Order saying:

 

IT IS ORDERED THAT

 

1. Pursuant to CPR 83.2 the Claimant has permission to issue a warrent for possession of land in this case.

 

2. This order has been made by the court under CPR 23.9 as the court has disposed of an application without hearing and without service.

 

Any party may apply to have this order set aside or varied withing 7 days of the date of service of this order on that party

 

The date on the order was the 20 April 2017

but the the date on the covering letter that came with it is 05 May 2017.

I didn't receive the letter till the 12 May 2017.

 

The background to this case is as follow:

 

Around 2008/2009 due becoming unemployed,

Halifax got a suspended possession order against my property.

I managed to to get back into employment and kept up with the payment terms and eventually the arrears were rolled onto the mortgage.

 

Unfortunately in 2015 I lost my job once more and have again fallen behind with my mortgage again.

Due to only being able to get temporary agency work I tried to make payments towards the mortgage whenever I could afford to.

 

In January this year I started work as a self employed minicab driver.

Also around this time I was contacted by ascent legal saying they had been instructed by Halifax to start legal proceedings repossess the property as they still had the possession order from 2008/2009.

One of their agents also visited the property but I wasn't home at the time and left a card.

 

I called him back and told him I was working on a income/expenditure budget with Stepchange which I would forward on to Ascent when complete.

I emailed (to email address on the card left by the agent) the copy of the budget together with an offer to pay

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" 7 days of the date of service of this order "

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23#23.10

 

Application to set aside or vary order made without notice

 

23.10

(1) A person who was not served with a copy of the application notice before an order was made under rule 23.9, may apply to have the order set aside(GL) or varied.

(2) An application under this rule must be made within 7 days after the date on which the order was served on the person making the application.

 

Ring the court and advise you only received it on the 12th May

 

Regards

 

Andy


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might be worthy to also get an sar running to Halifax.

 

 

I bet there are £1000's in arrears fees, letter, phone, debt management etc etc fees that can all be reclaimed.

also carefully lookout for any insurances/PPI/Life that you were made to take out with the mortgage

again these maybe reclaimable.

 

 

dx


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Thank you for your replies. Any advice about what to write on the N244 form?

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Thank you for your replies. Any advice about what to write on the N244 form?

 

In our Sticky at the top of this forum...

 

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


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