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Everything posted by Ell-enn
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Repossession Hearing - Santander ***Suspended***
Ell-enn replied to NYGIRL's topic in Home Repossessions
Yes, I'm afraid they will write to any other party with security on the property and they write to the council as a matter of course although what good it would do unless you were out on the street I've no idea but I guess they try to look as if they are caring (huh). The fact they haven't mentioned the arrangement agreed just shows why you need to give the court as much information as possible - you never trust lenders where your house is at risk. -
Repossession Hearing - Santander ***Suspended***
Ell-enn replied to NYGIRL's topic in Home Repossessions
No problem, happy to help. Just make sure you get to the court early on the day of the hearing and ask about any free legal advisors. Let us know the outcome too -
Repossession Hearing - Santander ***Suspended***
Ell-enn replied to NYGIRL's topic in Home Repossessions
Hi, affixed is the statement for court. You need to fill in the info where there are XXX's at the top (remove the XXX;s) the info you need will be on the court forms you have received. Read through it carefully to make sure everything is OK. When you print it out, your printer needs to be set for A4 paper (not Letter size) - on the top left hand corner of the copy letter write the Claim Number and on top right put Appendix 1. - on the top left hand corner of the budget sheet write the Claim Number and on top right put Appendix 2. Now assemble as follows: Statement – signed Copy of letter regarding payment arrangement Budget Sheet Make sure it is stapled securely together. You will need to take a photocopy of it all for yourselves so you have a set to refer to in the hearing. Hand it in to the court at least 7 working days before the hearing. Ask the court staff if there will be any free legal advisors on duty on the day of your hearing – they can go into the hearing with you and support your case. If you really have to post it then send it Special Delivery so they have to sign for it. Please let me know if you have any questions. Ell NY Girl statement.doc -
Repossession Hearing - Santander ***Suspended***
Ell-enn replied to NYGIRL's topic in Home Repossessions
OK, thanks - I'll post up the defence statement and instructions shortly. -
Repossession Hearing - Santander ***Suspended***
Ell-enn replied to NYGIRL's topic in Home Repossessions
Hi, thanks for letting me know. Just one more thing - what was the reason for your falling into arrears ? the judge will want to know the background and how you came to recover the situation. -
Repossession Hearing - Santander ***Suspended***
Ell-enn replied to NYGIRL's topic in Home Repossessions
Hi, thanks for the info. I have affixed a budget sheet which you will need to affix to the defence so the judge can see that you are able to afford the payments you have agreed to make (the budget sheet calculates automatically as you fill it in) Please let me know when you have completed it and I will complete the defence statement. You will also need to affix a photocopy of the letter of agreement for the payment arrangement. NY Girl budget sheet.xls -
Repossession Hearing - Santander ***Suspended***
Ell-enn replied to NYGIRL's topic in Home Repossessions
You need to keep on at the court as they will have to obtain the agreement of the lender to change the date and I wouldn't count on them agreeing - in which case you will need to ensure you can have the time off to attend. In order to draft a defence I need you to answer the following: Is the mortgage in joint names or just you own ? Are there any children living in the property ? How long has the mortgage left to run ? How long has the agreement to repay the arrears been running ? Do you have written confirmation of the repayment arrangement? -
Repossession Hearing - Santander ***Suspended***
Ell-enn replied to NYGIRL's topic in Home Repossessions
Did you get notification from the court of the hearing on 20th December ? if so you should have a defence form in the pack - N11M. That's unusual - however we can just do a defence and you should hand it in to the court at least a week before the hearing. Do you have a printer and able to edit Word documents ? -
Repossession Hearing - Santander ***Suspended***
Ell-enn replied to NYGIRL's topic in Home Repossessions
Did you get notification from the court of the hearing on 20th December ? if so you should have a defence form in the pack - N11M. -
Repossession Hearing - Santander ***Suspended***
Ell-enn replied to NYGIRL's topic in Home Repossessions
OK, well I think you should definitely enter a defence - I can help you with that - there is absolutely no reason for them to ask for a suspended possession order when you have made all payments under the arrangement. How many months mortgage payments does the arrears figure represent ? -
Repossession Hearing - Santander ***Suspended***
Ell-enn replied to NYGIRL's topic in Home Repossessions
sorry, double post -
Repossession Hearing - Santander ***Suspended***
Ell-enn replied to NYGIRL's topic in Home Repossessions
Hi, you should go to the hearing if at all possible - if you don't you will have no idea what the lender tries to get the judge to agree to. There is nothing to be afraid of at the hearing it's just like a meeting. I don't understand why they ate applying for a judgement when you have been paying consistently - or have you missed any payments? -
Do you still have the letter offering £3.5k settlement?
- 241 replies
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If it's not the lawyer's area of expertise then there could be a lot they are unaware of. What terms are they going to try and negotiate ? Is it still a possibility that family may be able to help ?
- 241 replies
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OK, thanks for the info. So I don't have to read all through this thread can you please answer the following: How much are the arrears? When did you last make a payment? Are you able to offer any payment at all ? While I understand that the issue of charges and fees is important that can be dealt with once we have secured the roof over your head as that is by far the priority. To be perfectly honest, unless you can come to an agreement with Coast in the next few days then you are going to have to attend the possession hearing - we can help you with the defence to send in, provided we have something to defend with i.e. a payment arrangement. I know you say you can't face a court hearing but if you don't attend the judge will have no option but to grant possession in your absence - which means eviction. We would then be in a position whereby we need to defend eviction action. By the way, possession hearings are conducted in a room around a table with the judge and the two parties concerned - it's not a court room with a jury like on TV - it's a totally different scenario and the judge will always try to make you feel comfortable. You say a solicitor has been dealing with this - how much have you been paying them?
- 241 replies
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Hi, can you please confirm if you have received a date for the hearing and what, if any, paperwork has been sent from the court. N11M is the correct form for defence of residential mortgaged property.
- 241 replies
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RIP Sir Sean Connery, James Bond.
Ell-enn replied to honeybee13's topic in The Bear Garden – for off-topic chat
I'm gutted - I always wanted to meet him - he most certainly was the ONLY Bond. By all accounts he was a lovely man. -
Did you send your SAR request by recorded mail ?
- 241 replies
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If they have been calling your neighbours then that is completely out of order !! You should be making a formal complaint - would your neighbours give a statement of what calls they received and the questions asked? Who are the "While you were out cards" from? If they want income and expenditure make sure you use our budget sheet, not theirs. If you can't find it let me know and I'll send you one. Also write and ask them for a breakdown of the solicitors fees - who are they using ? silks? Probably their in-house "legal" department at virtually no cost.
- 241 replies
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It's so wonderful to be appreciated
Ell-enn replied to BankFodder's topic in The Bear Garden – for off-topic chat
They must have heard how much grief you've given the banks -
Do you have the written copy of the order from the court which should have been sent to you after the court hearing?
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Remote hearings protocol –Covid-19- County Courts
Ell-enn replied to Andyorch's topic in Financial Legal Issues
I hope so - I thought it was just that evictions weren't allowed. -
Remote hearings protocol –Covid-19- County Courts
Ell-enn replied to Andyorch's topic in Financial Legal Issues
I wonder if possession hearings will be done remotely ? -
Your N11M defence form should be at court at least 7 days before the date of the hearing.
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Are you making payments on the first mortgage? is it only this Coast loan that is not being paid ?
- 241 replies