Hi, Unfortunately, I am back again. Just to recap, I had around £12000 arrears between September last year until February this year when had the court hearing. I managed to reduce the arrears to around £2000 before the hearing in February this year. Based on this lender didn't attend the court and judge adjourned the hearing in their absence with order that lender can recommence the legal proceedings again within 12 months if needed. Unfortunately, following month in March, I lost my job. Still unemployed and couldn't make any mortgage payment since March. All this time , mortgage interest rate rises many times and my monthly contractual payment increased from around £1400 to now at £2800. Now my arrears stand at £20000 in 5 months missed payments. Birmingham Midshires took me to the court, and I had hearing today. Lender's solicitor asked for outright repossession. Judge asked me if I have to say anything. I started saying that solicitor is wrong in saying that I made lump sum payment last time to reduce the arrears. I overpaid every month from my salary. Also, that I live in the property with wife and children age between 2 and 11. As soon as I said this, judge stopped me and said she is using her discretion to adjourn the hearing due to children living at the property. Lender's solicitor was very uneasy and convinced the judge not to use the discretion as mortgage is based on affordability and not on whether children live at property or not. Judge agreed and decided not to use the discretion. I requested judge to grant the suspended repossession order not outright repossession. To this the lender's solicitor asked the judge for outright as I am currently out of work and don't have solid payment plan with evidence. I mentioned that I have been working as software engineer for 23 years. This is the worst time in my field of work that I couldn't find any work since March. I have never been unemployed more than couple of weeks before and hopefully should be able to find work again. If 28 days repossession order is granted, o won't be able to focus on finding job. In the end, judge ordered not the 28 days but 56 days repossession order. I don't know where I stand now I can't afford to lose home with children. My work situation is I am still not employed but this can change any time and my circumstances can improve. Summer was quite time for jobs but it will pick up after summer holidays. I am on Universal Credit since April and should have been helped by local authority to pay interest up to £200000 on interest only under Support towards Mortgage Interest scheme by government. . Mortgage is currently £360000. I am going to ask department of work and pensions why they haven't done anything although I told them about mortgage issue. Can you please help with can I request court to set aside this order so that I can focus on job search and interviews rather worrying about finding place after eviction? I want court to consider the circumstances like high cost of living, unemployment rate at highest level, and interest rate increased during all the time I couldn't make mortgage payments. Can I ask local authority to pay interest on mortgage backdated since I joined the Universal Credit? Please help. Forgot to mention, I was unfortunate that legal advisor at court was not available today. If legal advisor was available, may be he could convince the judge to use discretion and adjourn the hearing as judge initially chose to but got convinced by other party not to use.

Many thanks for replying. Hearing is on 6th February. Do I need to response to the letter from court before hearing date?

Birmingham midshires is under bank of Scotland and Halifax is part of bank of Scotland. Court letter says claimant is Halifax. Last year I received letter from Birmingham Midshires saying they incorrectly calculated interest rate I'm previous year and around £9000 is due for refund but it will be paid in my mortgage account to reduce loan amount not arrears. Can I use this point to present my case that if not had incorrectly calculated, I wouldn't be in arrears now as I was paying more than what I should have been. Also refund should have cleared the arrears? Hence request court to order lender to lower the interest rate so after regular payments I can move mortgage.

I have been sent court summons for repossession hearing. My mortgage is with Birmingham Midshires, residential mortgage. on 28th October 2022, arrears were around £12k but since I have paid some and arrears now are £7500. I will be making another payment of £3000 on Friday this week and then will request lender to capitalise remaining £4500 to remaining mortgage balance. My question is, if they don't accept my proposal which is most likely they won't, what are chances of me successfully defending repossession? What if I somehow pay all arrears couple of days before repossession hearing? Will I still need to attend court hearing if all arrears paid? Also, I am on interest only mortgage with monthly payment of £2100 per month on around £360,000 loan. As you can see from monthly interest only payment, the interest rate is too high. I took out this mortgage in 2009. Birmingham Midshires now don't offer any residential mortgage so can't offer me another product on low interest rate. I can't get mortgage from any other lenders due to passed missed payments and arrears. Can I ask court during repossession hearing to order lender to lower the interest rate so I don't miss any future payments and be able to move my mortgage to another lender after few months? Hope someone can help me with what and how should I prepare for the court hearing to stop the repossession or even suspended repossession order. Many thanks.

Hi Guys just to let you know I spoke with Birmingham Midshire to request capitalization of arrears and they have agreed. Also, couple of days after court hearing to defend eviction, I received letter from Birmingham Midshire that they have cancelled the eviction. Where do I stand now in current uncertain financial circumstances affecting everyone, 8f I miss mortgage payment due to loss of job?

I had hearing for eviction defence this more at 10am. I was in the court 9.30. Had consultation with on duty adviser. He asked me questions on my occupation, income, dependents, level and reason for arrears as well as how many years left on mortgage. He was like why you stopped paying judge will question and all that. Then applying the law he calculated £85 per month towards the arrears based on term left on mortgage. I already offered £200 on top of CML. He asked me to wait outside while he discussed my proposal with claimant. And came back saying claimant has accepted my offer and will not oppose in court room. Was called in the room bu judge. Legal duty adviser told Judge that claimant has accepted the offer but judge still asked balance on the mortgage, and remaining years so that offer satisfies the way case. In the end eviction has been suspended bases on I pay CML plus £200 every month towards arrears. I believe I will receive paperwork regarding this later in the post? Thank you Ell-enn and dx100uk for all your help and letters etc. Really appreciated.

Ok, thanks

Thanks. I will be there well before the time. Do you think it's ok to mention to the judge how they have been behaving in the past and reason for arrears is mainly how they dealt with my account.

I have the court hearing tomorrow morning. Very nervous and worried. Will update you guys with the outcome.

I couldn't call them until this afternoon after 2and missed call from them. It was usual nonsense, all th hey wanted to know was that eviction date is on 26th at 10AM. Whether there are any changes in my circumstances. I mentioned t hgg at I am defending in the court and that o was waiting to hear back from the letter I sent. They said they stil want full arrears to be paid. I asked can I have arrears statement before the hearing? I thought to take it with me to the court to show the judge. They said this would take 7 to 10 working days so not before hearing.

Thanks to both of you. After experiencing their behaviour so far I don't think their call was regarding court action. They must be calling to say they have acted reasonably and I need to pay full arrears. I understand dx100uk is suggesting not to call and I also don't want to take the stress of dealing with them but I will call them tomorrow morning so they can't say in the court they contacted but I didn't respond.

Thank you Ell-enn. They are using suspended repossession order that was granted 10 years ago since then mortgage arrears were zero until recently. They asked for permission to execute that order in January last year. Did nothing about that unil 11 months later while the permission was about to expire. It makes sense if I had missed any m and mortgage payment during this time or not paid anything to reduce arrears. They want to keep that repossession order sword hanging on me forever. I am trying to pay arrears as soon as I can if I stay in the house and get remortgage somewhere e not se in a year or 2 years after being arrears free. They were most difficult lender and very unprofessional. They always made mistakes when I complained, it was upheld and asked me to take 200 or 100 compensation but never improved their service. Main reason for me being in arrears is because the way they handled my account. I always ended up on phone calls with them for hours at a time and being winded up by them. Just missed phone call from Birmingham midshire, left voice message that I need to call them back. This must be in response to the letter I sent them this week. I know I have been told not to call but what should I do in this case. Don't really want another long session on the phone while the hearing date is confirmed but if I don't call back they will say in court that they contacted but I didn't respond.

Thank you. Got the date of 18th February. Hope they decide in my favour.

Just an update, I came to the court at booked appointment. Court office checked the paperwork and asked £50 fee to be paid. I paid the fee. Was told to wait outside while papers being processed for the hearing date. Just received update from the office that my application is to be reviewed by judge who will make decision on hearing. I didn't know that the judge will review the case before hearing while I am waiting for the date. Worried what if he decides my case is weaker and no need for hearing? Is this normal procedure for the hearing date?

Sorry, I was confused with the witness section. Just came back from the court, they said submission of N244 is by appointment only. They have given me appointment for Thursday morning this week.