Restored hearing

[Worried]

Hi,

 

My partner has received notice of a restored re-possesion hearing and would like some advice on what we should take to court pls. The date is 29.09.08

 

The previous hearing was cancelled with an option to restore after family gave us the money to bring the arrears under 2 months.

 

We've recived no forms with the court letter.

 

Thx

[Bona]

Are the arreas still under two months

Who is the mortgage company

[Worried]

Hi the arrears are over 2 months.

 

The company is Mortgages 1 Ltd, Eversheds are their solicitors

[Ell-enn]

Hi there, we can write a statement for you to take to court detailing your proposals to clear the arrears. Are you able to make any payment each month towards the arrears in addition to the normal monthly payment?

 

Kind Regards

 

Ell-enn

[Worried]

Hi Ell-enn,

 

I need to do a new detailed budget as I need to take into account increased leccy and gas bills for the winter, then I will get back to you. Don't want to lose the house as we've been here 15 years and have 2 kids in local schools and settled, the youngest who's 10 was actual born in the house (arranged of course)

 

Thx for your help

[Ell-enn]

Hi, you can download a budget sheet here: National Debtline England & Wales | Personal Budget Sheet

 

and we will use that as part of your defence. It's a good idea to fill one in as a practice so you get your figures right before completing the final copy - the amount left over after all income and expenditure should be the amount you can pay extra each month towards the arrears.

 

Kind Regards

 

Ell-enn

[Worried]

Hi again,

 

OK i've started to fill in the form but have got stuck on the gas and electric. Currently these are being paid quarterly as we had DD's bounce. Have got an o/s elec and gas to pay, but my question is looking at the amounts there I could x4 and divide by 12 but that won't allow for proposed increases in cost or the extra usuage during the winter. Is there a recommended or court allowed % they add on to cover these issues please ?

 

 

Thank you in advance

[Ell-enn]

My friend has just had her gas increased by 28% and electric by 33%. Add that sort of increase to what you think the next two bills should be and then add all 4 bills together and divide by 12.

 

Ell-enn

[Worried]

Thanks again Ell-enn.

 

Out of interest what file type is that download as mines saving as a macromedia flash player file and freezing up the computer.

[Ell-enn]

Hang on I'll attach an excel spreadsheet in a mo.........

[Ell-enn]

Here you go..........

Budget Sheet.xls

[Worried]

Thx once again

[Worried]

I need to re-chk my figures but it looks like there is only going to be a small amount to pay off the arrears i.e. under £100 p/m, the arrears are approx £6600 which is just over 4 months payments. Do you think they will wear that low a repayment ?

[Ell-enn]

Hi, if that is what you have left over each month, then the judge will have to consider that.

 

In order for me to draft a statement for you I need some info:

 

Is the mortgage in joint names?

Ages of your children?

What was the reason for the arrears?

 

 

Kind Regards

 

Ell-enn

[Worried]

Hi Ell-enn,

 

Thanks for that, here's the information as requested:

 

Mortgage is just my partners name

Children are 15 & 10

The reason for the arrears is basically our business has gone down the pan, slowly and painfully whilst we poured money and effort into it until we finally had to give up when the landlords baliff came a calling

 

The house was in my name only, however to raise funds for the business and with my credit record shot to pieces I sold it to my partner to raise funds. She's had the mortgage since 2006 which just went up after the fixed period of 2 years ended. She's currently interest only in an effort to keep payments down but that's still £1500 p/m

 

We've actually lived in the house for 15 years, hindsite is a wonderful thing and we both wished we'd not put so much into the business when we should have seen the decline, but we so wanted it to succeed after the effort we'd put into it.

[Ell-enn]

Are you both now in employment?

[Worried]

Hi,

 

Yes we're both self employed soley internet home based at the moment, but we also get working tax credits and child tax credits and child benefit.

[Worried]

Hi again,

 

Getting realy worried now as the court date is only 1 week away, have been unable to get on here as my puter decided to die (what timing) luckily I've managed to get it running long enough to get my data saved onto this computer.

 

Still a very small amount spare for paying the arrears, am I right in thinking there was a test case set for paying the arrears over the length of the mortgage and if so does the judge have to consider that as law or is it still down to his mood on the day ?

 

Is there anything else I need to prepare ?

 

Thx

[Worried]

Also just had a thought. We've got a PPI reclaim case going on being dealt with by a 3rd party, where any costs are paid by the lender if we win and are covered by insurance if we lose. It's taken a few months to get to this stage where we've just signed the papers for the insurance and apparently the company dealing with it for us have to be fairly convinced after getting the original docs from the lending company that the refund is going to be over £5k. We have been told that the process can take up to 12 months from now.

 

Is it worth taking any of the letters with us to show there's a possibility of a lump sum coming in or would the judge not be interested ?

[Ell-enn]

Hi there, try not to worry too much - I will prepare a statement for you to take to court with you on the day which will include the relevant case law.

 

I'll make a start this evening and may need a few more details from you. Have you completed the budget sheet?

 

Kind Regards

 

Ell-enn

[Worried]

Hi Ell-enn,

 

Thanks it's very much appreciated. Re the budget sheet, have virtually completed it, just keep going over it to make sure it's all correct.

[Worried]

Also reading other threads it seems people get their defence into the court in advance but we've nothing to fill in to get to the court. The original repo we managed to fend off thx to a cash gift from my mother so the court date was cancelled. This time it's just come through as a restored hearing with no forms at all.

[Ell-enn]

That's OK, we can do a statement for you to take to court with you on the day, so don't worry.

 

Ell-enn

[Worried]

Thx Ell-enn,

 

Is there a guide anywhere as to what's an acceptable amount to put into the various sections of the budget sheet ? For example I've put £33.33 per month for Xmas birthdays but with 4 kids (only 2 living at home) that's not going to be enough. Also I've not put anything for Hols as we've not had one in 4 years due to the business.

 

At the same time I want to make sure that I can offer at least £100 p/m off the arrears in case they don't find the offer acceptable.

 

Advice greatly welcomed.

 

Thx

[Ell-enn]

Hi, you need to make sure you have emergencies covered too - and holidays (everyone needs some sort of break, even if it's a cheapie weekend away). Make sure that what you offer towards the arrears is sustainable - even if it's only £30/50, otherwise if you miss any payments you will be back in court again to defend.

 

Ell-enn