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.

The bank charges were classed as "arrangement fees" for going overdrawn and the direct debit was taken yesterday for a loan which is due on friday, we hoped to get the money out before the dd was due.

Sorry forgot to mention, with point 1, I was contracting through an agency and being paid as a contractor (ie no tax or NI taken from source), but due to the freeze on the business account had to go PAYE which halved my take home pay by half. I know I would have had a tax and NI liability still but this would have been a lot less due to allowances available to contractors.

Hi everyone im back with the ongoing saga of HBOS. I have been waiting for my wages to be paid into my bank so I can pay Drydens the 300 needed to clear all the arrears, however the bank has taken 160 in charges and paid a Direct Debit early so the account is now nil. I received new paperwork (Via my mother in law again) enclosing witness statements from Drydens now saying that another months mortgage has been added to the account and the arrears are now 518.03. No chance of paying this before the 16 July so could I get some help with the defence to take to court. The main points are:- 1. Halifax froze my business account for 5 months, thus not allowing me access to the funds which would have been able to clear the arrears before any legal action was needed. 2. All corrispondence is being sent to my mother in laws house rather than our property, thus ceating a delay. All being sent to mother in laws because this was the property where we were staying whilst this house was being purchased. All Halifax letters aout arrears were being sent to OUR house ok. 3. I have sent numerous Data Protection forms to them so that they will speak to them about this matter but they say they havnt received them and refuse to talk to me. Lastly its nice to see that Ell-en is now part of the site team and im not sure whether its promotion or not but WELL DONE you deserve it. Thanks Chris

No sorry the post wasnt exactly correct, we had received a letter from the stating the court date.

Yes we could clear the arrears and I think the hearing is the 9th (still havnt got original paperwork). What is the process with court if we do clear all arrears off? Thanks Chris

I forgot to metion 50 of this monthy payment is for Halifax insurance which we have cancelled so new payments will be 120 per month. Thanks Chris

the mortgage is 170 per month. Is there anyway she can sign authority over to me, so I can attend court? ie represent her?. Thanks Chris

Thanks. Im having a large tipple one for me and one for you. The Halifax is a little easier they eventually released the funds from my business account but charged me 300 for the privalige. still proceeding with FOS complaint but I therefore paid 1100 of the 1400 arrears. Due to the incompitance ie sending letters to the wrong address, the charges applied to the case for legals etc and the fact that I now only owe 2 months arrears should I pay the additional 300 before court or be pig headed and see them in court. I know it sounds strange but they have caused me a lot of trouble andf nearly put my wife in the looney bin and I would like some form of retribution or am I being silly. What would you recommend. Thanks Chris

Sorry to read of your situation, but try to stay positive, Ell-enn is fab and you should follow all her advice. I have just been to court and thanks to Ell-enn was given a suspended order, however the judge said at the hearing if at anytime you cant keep up with the payments apply to the court for another hearing (n244) and they will look at reducing the payments. We dont have chilldren and as said by others if you are willing to try paying the judge will look more favourable at you then the money hungry banks etc. Keep your chin up and listern to Ell-enn (she knows what she is talking about) Regards Chris

Thanks to you all, especially Ell-enn, court went well, suspended order and only 150 per month on top of mortgage. Enderavours lawyer was a bit full on pushing for a repossession order but once the judge mentioned the Norgan case the solicitor backed down and agreed our proposal for the arrears. If you are in a similar position definatly mention the Norgan case in your defence, it works wonders. Once again thanks to you all. Chris