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Northern Rock Possesion - Urgent Help Needed!


Boss-man
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Hi All,

 

Right, I've now seen a copy of the Letter from D3 on behalf of NR. It says that they will not adjourn the hearing based upon the offer, however, at the hearing they are going to ask the court to suspend the order based upon the original offer being maintained. So I suppose that is a result :).

 

As I've said all along she is terrified of going to the court. She is now asking should she still go along. My advice to her has been absolutley yes she must go.

 

Will she still need to take all the defence documents as well? And also how long should the hearing last.

 

Many Thanks,

 

Boss-Man

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Hi there, yes she must attend and take the statement and docs with her. They're not actually doing you a favour by telling you they will ask for a suspension, they know damn well that the judge will give that result anyway !!

 

Although NR say they will ask for a suspension, you need to be sure what length of time they ask for. They may ask for indefinite (and usually do if the debtor isn't in court!!) and you don't want that, otherwise they can fast track to court at any time in the future. She needs to be there to hear what is being agreed.

 

I can understand her nervousness about going to court - but it's not like the criminal or magistrats court - it will just be a private room with the judge, herself and the other side. Ring the court and ask if they have duty solicitors in attendance that day - or Citizens Advice reps - if she approaches them they will come into the room with her and give support. A lot of courts have these people there on days when there are repossession hearings - if she can find that out it may help her to feel more comfortable.

 

The hearing should last no more than 5 - 10 minutes, but courts have a habit of running late so although she should arrive in plenty of time for the hearing it will most probably not start at her appointed time - and could be delayed anything up to 30 mins (or more, at busy courts).

 

Kind Regards

 

Ell-enn

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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

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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

 

 

Thanks Chris, that is good to know.

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  • 3 weeks later...

Hi Everyone,

 

Sorry no update, I was out of the country whilst her hearing was held.

 

Basically, the Judge suspended the order until the arrears were cleared and agreed to be paid back at £100 per month.

 

The hearing was not as bad as she thought and the Judge was very nice. He asked her if she was sure she could afford £100 per month as he could set it at a lower figure if needed. He also said he was reluctant to grant an order at all but given the circumstances he really better had!

 

So as long as she keeps up the payment all should be well.

 

Thanks to everyone on here who helped, particularly Ell-enn.

 

Cheers

Boss-Man

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That's great news - I'd been wondering what happened (although I knew she'd be ok;)) Tell her well done for being brave.

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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