It's fine as it is - the judge will know exactly what you are saying

Just remember this is a supplementary statement - do not add any extra paragraphs - the judge will simply not have time to read a lot - he will have already read your earlier submission before the hearing, you are just updating him

Hopefully there will be duty legal advisors to help you through the hearing. Which court it it?

Hi, affixed is the statement to take to court. You need to fill in the boxes at the top (info will be on your court documents) - also replace any XXX's in the statement. If your husband has had confirmation of the consultancy you need to add that into the sentence about the promotion. Affix a copy of promotion confirmation (and consultancy if confirmed). You both need to sign. You will need 3 sets of it all - 1 for the judge, 1 for the claimant and one for yourselves. You'll notice that the statement is fairly brief, this is so the judge doesn't get distracted by long paragraphs of details - he will already have that in the document you previously submitted and he can refer to that during the hearing. Also these hearings are only usually afforded 15 minutes. The hearing will take place in a room much like a meeting room (not like courts you see on TV) there will just be the judge, yourselves and the lender's representative - it is not a public court. You should get to the court early and ask the usher if there are any duty legal advisers in attendance - if so you should approach them and ask for their assistance - they can accompany you into the court room and support your case. Once in the courtroom, the judge will begin to summarise the case - do NOT interrupt him - once he has finished you should say "Sir(or Madam) - can I submit further information" then just hand it to him and also to the rep for the other side. Good luck and try to stay focused, it will soon be over. Please let us know what happens - we can then help you with what you need to do going forward. Kitty97 Statement for court.doc

Thanks What time is your hearing on Monday ? I assume you're ok to edit Word documents and print out ?

Is the mortgage in joint names ?

I'm sure the judge will be sympathetic but as I said there are certain things he cannot do - let's not worry about that at the moment. If the judge awards a suspended possession order on Monday the conditions of the order could be that a period of time ( perhaps 28 days) is ordered for you and Santander to reach a way forward there would then be a further hearing to put the findings to the judge. Alternatively the judge may order possession in 28 days, in which case you would have to apply to the court for a hearing to stop eviction - but all this is hypothetical let's wait and see what happens on |Monday.

You'd have to get Santander to agree to all that. However, at this possession hearing, you shouldhopefully get a suspended possession order which would then give you time to negotiate further with Santander . I'll put together a supplementary statement for you to take along to the court on Monday - will affix it to this thread - probably in the morning if that's ok ?

The problem you will have with asking to make reduced monthly payments is that the judge cannot change the terms and conditions of the mortgage (which includes contractual monthly payments) - it is sometimes possible to do this if the property is up for sale and completion is imminent. But the lender would have to agree. If you were able to make normal monthly payments plus something towards the arrears the judge would be able to consider that.

We can put the case reference and AofJA in your supplementary statement. Both of these give the judge the power to allow the arrears to be paid over the remaining term of the mortgage, however he has to be convinced that it's possible for you to do that.

If your husband gets the increase etc confirmed tomorrow - you'll need paper evidence to take to the court. Let me know as soon as you can ad I'll draft a supplementary defence statement for you to take to court to hand to the judge. In the defence you submitted did you ask for any case precedents to be taken into consideration? i.e. Administration of Justice Act or Norgan case law?

OK, sounds as if you have given your circumstances in great detail - I hope the judge takes the time to read it all. Did you keep a copy of it all for yourselves to refer to in court? I'm assuming you submitted a budget sheet and made an offer of payment?

Hi there, have you entered a defence to the court and if so what did you write?

Hi, thanks for giving details. As discussed I think that, in order to buy time to get the property status sorted, you could pay the arrears - this would stop any further repossession action. You can then consult your solicitor to progress things. Please keep us updated regarding the possession issue in case you need help with that, and don't hesitate to come back whenever you feel you need support - we will always try to help.

Hi, I have sent you a message that you can reply to. While we do not usually keep information off post we do understand that sometimes there are private details that may be recognised.

Hi, if all arrears are paid then repossession cannot take place. However - I do think you should consult a solicitor regarding your position and the fact that you ex has stopped paying the mortgage and child maintenance. Is there any written acknowledgement from your ex regarding the arrangement ?

Hi - who has been paying the mortgage until now - you or your ex partner ?

You must be very relieved Was it the bundle from the Claimant that was missing ? I assume you got your paperwork to court in time?

Hi, if you can't get a postponement and don't attend the hearing - the Claimant will get a possession order by default - hopefully the order would be suspended - this means that provided you make all payments on time nothing will happen, but if you make only one payment late or miss it they can immediately ask the court for possession. It really is in your best interest to attend.

I certainly wouldn't email it at this late stage - they probably won't read it in time..... courts are usually pretty slow at processing emails - both answering queries and dealing with those they receive.

That's cutting it a bit fine - you'll need to check with the usher at the court when you get there on the day to make sure they've put it in the file for the judge.

Hi, did you get the paperwork to the court OK ?

Did they say what part they wanted to change ?

Of course you're nervous, everyone who has been in your situation feels the same. However, let me explain the court process, it might make you feel a little better - The hearing will take place in a room, much like a meeting and not like you see on TV with a judge and jury. There will only be the judge, youself and a representative for the lender. The judge will address both parties to start with - usually giving his understanding of the case - it's important not to interrupt the judge whenever he/she is speaking, they will let you when they want to hear from you and you should address them as Sir/Madam. It should all be over in 10 mins or so. If you can get to the court early ask the usher if there are any duty legal advisors there, if so approach them and discuss your case- they can come into the hearing with you for support. The representative for the lender may approach you and try to get you to agree to some other arrangement (usually to their advantage) - I would strongly advise you not to get into conversation with them, just say you'd rather wait for the judge to decide. If you have any questions at all, or just want to chat - please let us know, we're here to support you

Also, as Andyorch said - the part of the letter you affixed is just a generic load of words lenders use, again to look as if they are trying to help you. I don't think there is much to be gained by talking to Santander at this stage - I guess they will just say they wish to proceed with the hearing but will accept a suspended possession order , however that's the judge's decision not theirs and we have asked for dismissal. The lender will try to secure their position with a suspended possession order as it makes it easy for them to go for eviction if you only miss just one payment under the order. Stay strong - it will soon be over