Northern Rock Possesion - Urgent Help Needed!

[Boss-man]

Hi,

 

I posted last week about a close family members current situation in relation to Northern Rock mortgage arrears.

 

She has this morning received notification that she is due in court on the 22nd July 2008 for the possesion hearing - this gives her only 14 days notice to file her defence. Is there anyway that she could request to have the hearing delayed to prepare a defence. Infact, if it was delayed until the 2nd week in August she could pay off the arrears in full anyway.

 

Also, in relation to this she is in a position to make normal payments plus a reasonable amount towards the arrears straight away, this has been put to Northern Rock but so far fallen on deaf ears. Do the guidelines in this matter not state that every other option must be explored before legal action?

 

Any help would be greatly appreciated.

[Guest Old_andrew2018]

Hi

I'm not any expert in these matters, so my advice is that due to the urgency contact the site team, they in turn will certainly know of a member/s with relevant experience.

To do this you simply need to click on the red triangle, then leave a message in the pop-up window.

 

Regards

 

Andy

[Ell-enn]

Hi Bossman, it is very unlikely that NR will agree to adjourn the hearing. I assume that it is an N11M form that she has been sent? The court will accept the completed forms up to 7 days before the hearing.

 

I can help with the completing of the forms and also the defence in Q27 of the form.

 

We can also do a statement to take to court on the day.

 

Just let me know when you are ready to start.

 

Kind Regards

 

Ell-enn

[Boss-man]

Hi Ell-enn,

 

Thanks so much for your advice.

 

I have sent the relevant information over to you in regard to creating a defence.

 

She is feeling so much more positive now after you stepping in to help. Just shows with right knowledge what can be done.

 

Thanks again,

Boss-Man

[Ell-enn]

OK. let's wait and see what reply she gets to her letter to NR. Did she get the budget sheet from Nationaldebtline website? When she fills that in to send to them, she needs to make sure that there isn't much if any surplus income which is unaccounted for otherwise they will ask for a larger monthly payment (if you see what I mean).

 

As the hearing has been restored and there are no forms to return to a deadline - we can wait to enter a statement(defence) until a few days before, depending on the reply from NR.

 

Kind Regards

 

 

Ell-enn

[Boss-man]

OK. let's wait and see what reply she gets to her letter to NR. Did she get the budget sheet from Nationaldebtline website? When she fills that in to send to them, she needs to make sure that there isn't much if any surplus income which is unaccounted for otherwise they will ask for a larger monthly payment (if you see what I mean).

 

As the hearing has been restored and there are no forms to return to a deadline - we can wait to enter a statement(defence) until a few days before, depending on the reply from NR.

 

Kind Regards

 

 

Ell-enn

 

 

Thanks Ell-enn,

 

I used the one on this site and adapted it slightly for her. Do you think the one from National debt line would be better?

 

The surplus income was around £30.00 - would that be about right?

 

The good news in this is that she is starting to sound more like her old self again with your advice. I'm going to be out of the country on the date of the hearing (if it does goes ahead that is - we can always hope they agree ) so can't attend for moral support (we are also at opposite ends of the country so I couldn't really anyway!). I was begining to think she wasn't up to going to a hearing.

 

Thanks again Ell-enn,

Boss-Man

[honey5]

I'm going to be out of the country on the date of the hearing (if it does goes ahead that is - we can always hope they agree ) so can't attend for moral support (we are also at opposite ends of the country so I couldn't really anyway!)

 

there may well be someone from here near your friend that would be willing to go with her for moral support

 

honey x

[Boss-man]

there may well be someone from here near your friend that would be willing to go with her for moral support

 

honey x

 

Thanks Honey, I will tell her that when I speak to her later and post on here if she feels that would be better.

 

Boss-Man

[Ell-enn]

Hi there, if it looks as if she may have to attend the hearing she could ring the court and ask if they have duty solicitors or CAB advisors in attendance on the days when possession hearings are taking place. A lot of the courts do have them and they will come into the hearing and give support.

 

Kind Regards

 

Ell-enn

[elliesnan]

Hi there, having just been through a hearing ourselves pls assure your family member that it's not as scary as they think. Best of luck

[Boss-man]

Thanks for that Ellie, I'll pass your message on to her.

 

Hopefully she will be OK. With Ell-enn's excellent help and assistance in preparing a defence I'm sure all will be fine.

 

Boss-Man

[42man]

Fabulous work Ell...!! and good luck Boss-man....

[Boss-man]

Fabulous work Ell...!! and good luck Boss-man....

 

Thanks 42man, lets hope all goes well!

[Boss-man]

The offer of repayment and budget plan have been sent of to NR and their sol's (with Ell-enn's kind assistance). Lets see what they come back with - keeping everything crossed they accept it .

 

Will keep you posted.

Boss-Man

[Ell-enn]

OK, if the hearing is on 22nd July, then I think she ought to enter the defence forms next Tuesday anyway as it's unlikely NR will respond in writing before then. Is she able to personally deliver the forms to the local court? if not she needs to send them guaranteed next day delivery on Monday. I will get the statement for Q.27 done today/tomorrow.

 

Kind Regards

 

Ell-enn

[Boss-man]

Thanks Ell-enn,

 

That was my concern as well. I pretty sure she will be able to go to the court on her way to work to drop papers in.

 

Do you need any more info from me to prepare the defence? Also, can we download the papers from the internet as she hasn't been sent any court papers?

 

I really appreicate your help in this.

Thanks

x

[Ell-enn]

Sorry Bossman, (I've only had one cup of coffee this morning:D) There are no forms to fill in if she has received a notice of restored hearing. She just needs to take a statement to court with her - so there's no deadline for next week.

 

Kind Regards

 

Ell-enn

[Boss-man]

Thanks Ell-enn,

 

Once the statement is ready I will pass it on to her - thanks

 

If NR agree to adjourn the case based on her offer, would you advise her to still go to the court on the hearing date?

 

Thanks

Boss-Man

[Ell-enn]

I would advise her to ring the court the afternoon before to check that's what they've done - if they haven't asked for an adjournement then she should turn up and hear what is being said.

[Boss-man]

Update:

 

Royal mail is indicating that the offer of repayment letters have been received.

 

Lets hope that the accept them and the hearing is adjourned .

 

Boss-Man

[Ell-enn]

That's a start anyway - but we'll have the statement ready just in case;)

I can't stress enough, that, if NR say they will cancel/adjourn the hearing you should check with the court that this has been done. If it hasn't then they need to go to the hearing.

 

Kind Regards

 

Ell-enn

[Boss-man]

Thanks Ell-enn,

 

I have stressed the importance of this to her, especially bearing in mind their sneaky previous tactics.

 

Will keep you posted on develpments.

 

Thanks

Boss-Man

[Boss-man]

Hi All,

 

Just to update the situation.

 

Letter received today from D3 Legal (NR's solicitors) rejecting the offer of a repayment plan out of hand.

 

They are saying the only way to avoid the court hearing is to bring the current arrears below two months. To do this will cost £1100.00, however the figure they gave us last week to adjourn the hearing was £1650.00. It has now changed! If they'd said that at the begining its quite possible she could have raised the £1100.00

 

Any advice and suggestions would be welcomed.

 

Looks like she's going to have to go to court though

 

Thanks

Boss-Man

[Ell-enn]

Hi - Ok, if she goes to court and the judge sees that her offer has been rejected on arrears of less than £2k, he will more than likely give the lender a piece of his mind.

 

You will need to affix a copy of the rejection letter she has recieved to the statement. I will update the statement for you.

 

Kind Regards

 

Ell-enn

[Boss-man]

Hi Ell-enn,

 

Thanks for that - much appreciated

 

Also, I mailed you about previous arrears which were capitalised - dont know if its relevant or not.

 

Thanks,

 

Boss-Man