Thanks I will do, also we had two hearings about this and the first was adjourned because they had served all the paperwork to a wrong address and the judge said that the service had not legally happened, can they claim for this court visit??. So if the judge says no costs to be awarded what does this actually mean, if they can still charge the costs to your mortgage account. It all seems a bit one sided to me. Thanks Chris

thanks for the info. Chris

Just when I thought it was all over the Halifax (sorry I mean Lloyds TSB HBOS) or whatever they are now called, have written to me and advised us that £843.76 has been debited to our mortgage account for legal fees. Is this correct the court order says no award for costs. Does this order only mean for the day in court or for the whole action??????. I have a feeling that halifax are trying it on again, and they nicely told me that interest is accruing daily so we may preffer to send them a cheque for the amount. Does anyone know whether this is correct or not and what should I do. Thanks Chris

You rearly shouldnt worry too much, Ell-enn knows what she is talking about and has helped me greatly. I have just had 2 court hearing, one secured loan and one mortgage, and I must say that I too felt nervous at the first hearing, but it is held in a small private room with just a judge and the other sides rep. From my experience I would say that the judges appear to be more on our sides than that of the other side. On my second hearing I took their solicitor to one side before the hearing and explained what we wanted and she agreed before we even went into the hearing. This is only my experiences and others like ell-enn will advise you im sure whether this is good practice or not. But please remember I is not scary and the judge will do as much as possible too help you. Regards Chris

You rearly shouldnt worry too much, Ell-enn knows what she is talking about and has helped me greatly. I have just had 2 court hearing, one secured loan and one mortgage, and I must say that I too felt nervous at the first hearing, but it is held in a small private room with just a judge and the other sides rep. From my experience I would say that the judges appear to be more on our sides than that of the other side. On my second hearing I took their solicitor to one side before the hearing and explained what we wanted and she agreed before we even went into the hearing. This is only my experiences and others like ell-enn will advise you im sure whether this is good practice or not. But please remember I is not scary and the judge will do as much as possible too help you. Regards Chris

Hi everyone, just an update, had court hearing and the judge threw the case out of court. Halifax and Drydens were told that they had acted inappropriatly on bringing the action and although they virtually begged for their costs, no costs were to be charged or awarded. So all this work and they get NOTHING. Thanks for all your help. Chris

Hi Ell, Just spoke to the court and they admitted they had made a mistake and are sending new order out. Yes sent defence forms back. Thanks Chris

yes going to court on 16th my wife is going too even though she is a nervous wreck. Im not worried about the hearing just whether they can get a leave to restore judgement. Drydens are stating that this would be better for us because we wont incour costs if we fall behind again (they must think im stupid). Thanks to your help and others advice I am certainly more clued up. Will let you know what happens Regards Chris

Hi All, The sga continues, I have just received the suspended possession order from the court and they have got the dates wrong, the judge ordered the first payment for the 8th August and they have put on the 8th July. Well its the 10th today so no chance of paying before the 8th then. I have tried to phone the court but they say their computers are down, should I contact endeavour or wait till the courts computers are up and runing again. Thanks Chris

Sorry forgot to mention that Drydens have said that they wouldnt be able to put this in writing as I have requested it and not my wife even though she has signed a dat protection form in my favour. She cant phone during their working hours so I have no proof of the conversation we had.

Hi All, Drydens are amazing (not), I have just managed to speak to them and informed them that a payment will be made on the 16th for the full arrears before the case is due to be heard. They have said that if I get the cashier to phone them, they will inform their rep at site to adjourn the case. I asked why adjurn the case as with no arrears the case should be cancelled, they informed me that it was to save us money should the arrears ever reoccour (they wont charge us legal costs again). They must think im stupid, surley this means that if one payment is as much as a day later they can spped it through to court again (am I right or wrong?). How can Iensure that this is thrown out and no records are carried on for the future?. I dont antisipate any problems in the future but I dont want to make it easy for them if anything should happen. Thanks Chris

Thanks for your help I will let you iknow how we get on. Regards Chris

yes he is but in neg equity

thanks

I tried that today and they said that they wouldnt be able to reverse it for 48 hours by which time the loan will be due and they will then take it again for the loan. We will be able to pay on the 16 but that is the court date.