Restored hearing

[Worried]

So would the judge accept £30/£50 or would we be better foresaking holidays to pay more towards the arrears ? Being self employed taking hols is something we've got used to not having as we have to cover lost earnings as well as the cost itself ?

 

Sorry for so many questions but this case is making me sick with worry, just wish it was Tuesday and all over with (hopefully in our favour)

[Ell-enn]

The judge has the power to order arrears repayments spread over the life of the mortgage if need be (Norgan case law), so if £30 or £50 is all you can afford then he will have to consider that.

 

Ell-enn

[Worried]

then he will have to consider that.

 

Consider is the word that worries me there :? does the fact that there's a precedent mean he has to allow us the lifetime of the mortgage if that's all we can afford or does it depend on his mood ?

 

Any thoughts on the PPI case I mentioned earlier

 

Again sorry for so many questions.

[Ell-enn]

Hi there, the Norgan case is the case law we will quote in your statement to the court. This is the precedent set in law whereby the judge has the power to order arrears to be repaid over the lifetime of the mortgage if need be - however the arrears would need to be significant for that. To be honest with arrears of £6k you are more likely to get away with repayment over 5 years.

 

Ell

[Worried]

Thanks again, you are certainly putting my mind at rest, you are a star

[Worried]

Ok yesterday we rec'd a letter dated 16.09.08 from their solicitors by way of a witness statement that they intend to rely on at the hearing. It encloses a copy of the legal charge, mortgage conditions, a copy of notice forwarded to the occupiers (it also says to the best of their knowledge and belief there are no other persons occupying the property-they know there are).

 

It says the defendant has failed/refused to make the req'd monthly installments due persuant to the mortgage and arrears of mortgage installment repayments have accrued.

 

Monthly payments - £1370.42 due 1st of each month (they have agreed however that as long as within the calender month that is OK )

 

 

Arrears - £5542.71

 

Last payment £375.00 20.08.08

 

Partner paid £800.00 19.09.08 and we will pay £571.00 tomorrow so that this months payment is met although nothing off the arrears.

 

Does that seem OK ?

 

The hearing is on Monday

 

As a seperate issue, when we started out new jobs partner rang the mortgage company to ask for time and for the case to be dropped, and they wanted income/expenditure sheet completed to even consider this. She refused at this time because we'd only been doing the job for a few weeks and as the pay varied couldn't say for definate what the average was. As more time has passed and we now have a much better feel for income, she requested this again when she paid the £800 last week and they said the case must go ahead but if she could get the forms to them ASAP they may be able to come to an agreement with her in advance of the case.

 

We've received the form today coupled with what seems a standard letter asking her to call the arrears management dept in relation to the arrears.

 

Saying they are reviewing the account and need the income/exp form completed.

 

When returning the form they require proof of unemployment benefits (there are none) or a copy of your last wage slip. Being self employed she doesn't have one !!

 

Failure to complete the form within 2 weeks will result in a debt counsellor visiting at a cost of £78.00 + VAT etc etc

 

I would assume the letter is just standard they send out with the forms as it doesn't actaually mention anything about the phone call.

 

Anyway, is it worth trying to get this back to them and get an agreement, even at this late stage ?

Edited September 24, 2008 by Worried

[Ell-enn]

I doubt if you'll get an agreement at this late stage - however, you should write to them and tell them you don't need a debt counsellor, you didn't ask for it and won't be paying for it! Quite a few lenders are using this tactic of sending a debt counsellor out so they can say they have made an effort to work with you to resolve the arrears, however you shouldn't be paying for something you haven't asked for!

 

I'll get the statement for court to you tomorrow if that's OK. I'm a bit busy at work today and I've got internet problems at home at the mo.

 

Kind Regards

 

Ell-enn

[Ell-enn]

Hi there, I've managed to complete your statement (affixed). On the budget sheet you need to write the claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

You will then need three copies, one for the judge, one for the other side, and one for yourself.

 

When you get to court (get there in plenty of time) , ask the usher to give your statement to the judge before the hearing, so he can read it.

 

Ell-enn

Worried Statement.doc

[Worried]

Hi again,

 

Thta's brilliant, thank you.

 

Is there a way I can send you the income/exp spreadsheet so you can have a quick look over to see what you think pls.

 

Thx once again

[Ell-enn]

Hi there, you can send it to me at Ell-enn@consumeractiongroup.co.uk

[Worried]

Sent, thank you

[Worried]

You will then need three copies, one for the judge, one for the other side, and one for yourself.

 

When you get to court (get there in plenty of time) , ask the usher to give your statement to the judge before the hearing, so he can read it.

 

 

We are going to get there early as we want to speak to the CAB representitive before going in and will give the judges copy to the usher then (presumably in an envelope with the case no etc on ? )

 

When should we give the "other side" their copy ?

 

ps Ell-enn I've sent you an email.

 

 

Thx

[Worried]

Hi,

 

Just got back from court and have been granted a suspension When we arrived we asked the usher to speak to the CAB representitive and wow she was just brilliant. Actually advised us to reduce our offer of payment from £70 to £50 and then called in the "other sides" solicitor. He said he caouldn't agree to the payment plan as it would take 8 years to pay off, however he expected the judge would. We then had a nervous wait for the case to be heard, the CAB lady had offered to come in with us and we gratefully accepted however she wasn't actually needed as the judge had a look, their solicitor didn't really object to anything and that was that thank god. The only proviso they requested was a review which was granted no sooner than Apr 09 and the judge said they should request it and advised us it would cost us money.

 

Thanks to Ell-enn for all her help we couldn't have done it without you, the CAB lady commented on how professional the statement and income/exp forms looked.

 

Off to have a drink in the garden now and then tell the kids the good news when they come in from school.

 

Thanks to all

[Ell-enn]

Excellent News! I'm so pleased for you. Well done for being so brave too.

 

Hope you can all relax now and enjoy a good night's sleep

 

Kind Regards

 

Ell-enn

[sugg1]

Brillant news worried i am so pleased for you.

 

I am due back in court 16th oct for restored hearing so you have gave me hope that everything will be alright.

 

congrats to you and your family:D

[Worried]

Thanks to both of you for your kind comments.

 

Firstly Ell-enn, without your help and guidance the last few weeks would have been so so much worse, obviously we were still worried (excuse the pun) but your guidance and advice, spreadsheets etc have been invaluable, a fact underlined by the CAB today.

 

Sugg1, I really hope you have the same outcome as we have, if you can try and talk to the CAB rep prior to the case, in our instance she really helped to allay our worries and the fact that she was willing to go over our circumstances, offer her opinion (which saved us £20 p/m) and come into the court room with us to offer assistance was invaluable. At a time when you feel so vunerable, what a great feeling it is to have someone there with you to fight your corner.

 

The court room itself was not so daunting as I thought it may be and the judge was very matter of fact, even the opposing solicitor was quite human believe it or not, I even shook his hand afterwards.

 

For us we can now see a way forward, and sitting in our garden this afternoon, I looked around thinking , I must do this and that, whereas leading up to the case I was thinking what's the point. My partner said to me after the case "I must put that washing away, I didn't bother before because I thought we may be putting it all into bin bags" That is the difference a day can make, albeit a stressfull one. I pray you come out of your hearing thinking the same things.

 

Love to you

[OLIVE.FAMILY]

Many congratulations worried. I am so very pleased for you. Well Done.

 

olives xx

[Bona]

Well done have a relaxing evening

[sugg1]

Thanks Worried like i say it gives me hope.

 

but i am going threw the stage at the mo like you did ,i can`t be bothered to do this or that and wondering if to start packing ,have`nt told the kids so they are proberly wondering whats going on ,not that they have asked yet.

But like i said before you have gave me hope and i know Ell-enn is here to help so much.

so fingers crossed.