Hi,  how long had your husband worked for the company ?

Have you considered equity release ?

Hi,  I strongly suggest that you contact Shelter Scotland tomorrow morning  0808 8004444 - they will guide you through the process and documentation, it's what they do every day and they have people who can represent you in court.

https://scotland.shelter.org.uk/housing_advice/repossession_of_your_home

Let us know how you get on after the phone call

Thanks for replying - if the outstanding mortgage is 50k and the arrears 6k then the situation is certainly retrievable - how much could you afford to pay towards the arrears each month in addition to the normal monthly mortgage payment?

Also, how long is left on the mortgage (years/months) ?

Do you have any court paperwork ? I need to know what documents you have been sent

Hi,  we will need quite a bit of information before we can advise fully.   Can you answer the following please:

Do you have a date for the hearing and what notification have you received regarding the repossession?

How many months in arrears are you?

Have you communicated with the lender at all regarding the arrears?

Are you working and able to pay a bit towards the arrears every month ?

Is the mortgage in joint names or just yours?

As soon as you answer the above we can get to work on helping you 

The court can't order the lender to change the interest rate, they can only decide on legal issues - if you are able to pay a lump sum before the hearing you would still have to attend to show the judge the proof of payment.

What date is the hearing ?

Glad to hear there was a duty legal there to help you.   You should ask the court why your forms weren't put before the judge -  how long before the hearing did you hand them in ?.

If you're going to get legal representation make sure they are well versed in mortgage repossession, not just a general solicitor.  Do you have legal cover included with your house insurance ?  if so make use of that before paying out for a solicitor.

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?