bayman vs mortgages plc

[bayman292002]

hello all, i have recently fallen on hard times and so have collected some 4 months of mortgage arrears. the mortgage company has taken me to the county court for a possesion order, what is this and does it mean i am going to lose my house?, i have now proposed weekly payments of |£500.00 which i have maintained for 2 weeks but the court date is monday and they say i have to bring the account within 2 months of arrears which i am unable to do: HHHHEEELLPP!!!!

[swayze]

You need professional help and not advise from this site really as it is far to important an issue

You could be in danger of losing your home !!!!

Ask a lawyer or your local citizens advise for help as they can often negotiate with your mortgage company for you.

[hagenuk]

Bayman - this is serious and you should seek professional advice as soon as possible. However, I appreciate that it will not be possible before Monday.

 

First of all, try not to panic - it is unlikely that you will lose your home but there are certain things that you must do. The first of which is attend the hearing on Monday. This is very important. If you do not attend then the Judge will have no option but to grant the lender possession - you absolutely must attend!

 

There is the very slight possibility that the lender will not attend and will be relying on the fact that you will not - do not however, rely on this yourself - you need to attend.

 

You can rely on s.36(2)(b) of the Administration of Justice Act 1970 which allows the court to suspend the possession order for such a term as the court considers reasonable. If the debtor can repay with in the reasonable time no possession order is granted. If you can maintain the payments at the current level then you should do so.

 

Under s.8 AJA 1973 in exercising the powers under s.36(2)(b) the court only has to consider the sums payable in arrears and not any term which may render the full amount repayable.

 

What amounts to a reasonable period will depend on the circumstances of the case and can include the whole remaining term of the mortgage as occurred in Cheltenham & Gloucester v Norgan. This case also stated the factors the court will take into account when deciding what is reasonable, these are, ability to make payments now and in the future, likely duration of financial difficulty, reason for arrears and the period of agreement remaining.

 

Essentially, if you can show you can pay off the arrears over the remaining period the court will not order possession.

 

If you have not already done so then you should complete and take three copies of this form with you.

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=363

 

Make sure you complete it fully and give the lenders representative and the Judge a copy.

[bayman292002]

Thanks for your replies, we have filled out the defense forms, i will lose money if i take the day off to attend, which i can ill afford to do, i am stuck between the rock and a hard place, i know it is important i attend but it would be difficult, i dont know what to do for the best. We have made the proposal of payment which would bring the account back inline within 6 months, i was suffering from clinical depression which is why i wasn't working and the account got in arrears, would a judge still give the case to the lender with this in mind?

[hagenuk]

Unless you are there, or someone is to represent you, how can the Judge do anything else? The lender's solicitor will not speak for you, their job is going to be to recover their client's security.

 

You really should consider what is important and a few hours off work in order to present your case to the Judge should be more important than the possibility that this case could go against you.

[bayman292002]

Thats one of the problems, its not a few hours off work, i would lose the rest of the week or at least 3 days, could the court still go against me even though i am making what i consider to be a reasonable offer of payment

[hagenuk]

Obviously I do not know your personal circumstances but the hearing will not last longer than half an hour in most cases and as I have stated, unless you can appoint somebody to represent you or attend yourself, the Court will have little option but to act in your absence - stating what they will do is pure conjecture, but a fair bet would be that they will comply with any reasonable wishes of the lender as you will not be there to object.

[Madealer]

Bayman

 

I have been through this with this company. I had a court hearing in January when I relied on the support of Citizen's Advice. They used a local solicitor & I got a delayed possession order. They then applied for & got an eviction order, due 11.00.tomorrow! These guys have NO heart at all. They go for the jugular! I found help at an unexpected quarter & went to court on Friday. They sent their solicitor from Eversheds, who argued well, but the judge was on my side & I got a 6 week delay. PM me for more info BUT YOU MUST ATTEND!!

 

Mad

[bayman292002]

Thanks for all the advice chaps, i went to court this morning and got a delayed order, i have 6 months to pay the arrears. The lady who was representing the mortgage company turned up late and the information/figures she ahd were inaccurate which the judge didn't look to kindly on and adjorned the hearing for 15 mins and told her to get her facts straight!!!. I can say that it wasnt as scary as i thought it would be and the judge was genuinely intent on listening to my situation, Thanks again guys

[hagenuk]

Well done, great result!

[Madealer]

Fantastic news. Keep the faith.