I am receiving confusing conflicting advice re: repossession hearing. Can anyone help?

[hari]

Hi,

 

We have a repossession hearing on the 7.10.2008. Our mortgage is with Oakwood Homeloans (the name changed from Kensington half way through )

 

We have however been in contact with oakwood and paid our normal payment end of Aug and have come to an agreement on arrears which will be taken out on top of our normal mortgage payment end of this month and continuing for 12 months until the debt is cleared.

 

We asked Oakwood if the court proceedings would still go ahead and they said they couldn't 'stop' it but thee judge might not make an order.

 

Thing is do we still have to fill in the NM11 form and indicate the agreement? Also the date and location of the hearing are a nightmare.. My husband can't attend at all as he has just started new job which is rostered for months in advance and I don't drive so would have to get to the court in (Wales!) by public transport and around childcare!

 

If we do have to still proceed with the NM11 it seems sort of straightforward but reading the threads on here there seems to be a very scarey thing to do,am I missing something? The literature from the court is scaring me witless it's all TAKE ADVICE NOW.

 

Does any recommend completing the form by E-mail or is this a no no?

 

To summarise by time the court hearing takes place we will have made two normal mortgage payments and one arrears payment. And does non-attendance jeopardize things?

 

Thanks x

[Ell-enn]

Hi there, my advice is always to attend the hearing - that way you will know exactly what is being said and done. Oakwood will be quite happy to tell you you don't need to attend but - their representative will attend and will ask for a suspended possession order.

 

You should fill in the N11M (I can help you with Q.27 for that) and get it to the court by recorded delivery - I wouldn't advise doing it online as defence forms have been known to go missing that way.

 

Is there a court nearer to you than the one specified on the forms?

 

Kind Regards

 

Ell-enn

[hari]

There are at least 3 courts nearer!

 

So there will be no chance of the judge not making an order then? Oakwood have been very non-committal in everything.

 

So the N11M ..it's just the Q about our explanation of circumstances thats tricky then? How would we go about filling that in ? What are the pitfalls?

 

We received the papers last Tuesday so I think we only really have this week in which to do it. I can't see how we could possibly make it to that court location. We live in Cheshire!

 

Thanks for taking the time Ell-en.

[Bona]

Can you ring the court under certain circumstances it can be done on the telephone ring and explain the the court manager the other thing you could do is get a solicitor from the area of the court to go instead why is the hearing in Wales when you live in cheshire

[hari]

Bona, I have not one foggy clue!

[Bona]

You need to get it transferred

[Ell-enn]

Hi there, you can apply to have the case heard at your local court. Ring the court and tell them you want to do this - they will be able to advise.

 

As for Oakwood's statement that they can't stop proceedings, that's just rubbish - they could withdraw if they wanted to, but they won't.

 

I can help you with the text for Q.27 just need a little background -

 

How did the arrears arise?

Do you have the agreement you made with Oakwood to pay the arrears in writing?

 

Do you have any living children at home?

 

I won't be able to get online until tomorrow as my internet isn't working at home at the moment.

 

Kind Regards

 

Ell-enn

[hari]

Ell-enn,

 

Yes we have the agreement in writing.

 

We have two kids 11 and 7.

 

Oakwood said they could not stop proceedings as our arrears are over £1700. It is their policy to proceed with court action once it goes over this. What they said the court might do is not issue an order? I doubt this to somehow as it goes in their favour to get a judgement doesn't it?

 

The arrears occurred as my husband had to go on slight part-time hours after a back injury ( he's a district nurse). He than apllied for a job nearer our home which would reduce our travelling costs by £180 pm. He got the job but then his employer wouldn't reinstate his full time hours. The new job took until end of July to be in post because of all manner of paperwork cock-ups by the crb and hr section. Obviously during this much reduced income all manner of rubbish happened to the car, the house my daughters new secondary uniform came to £250 !!! Y'know how it is when luck is against you.( forgot to mention I lost my job through ill-health I had a trapped nerve and couldn't use a pc )

 

Anyhow that's how they occurred and all manner of little things didn't help. A familiar story no doubt....

[Ell-enn]

Hi, OK - I'll put all that into a statement for Q.27.

 

You're quite right in your assumption that Oakwood won't cancel the hearing rather than they can't cancel the hearing. It is obviously in their interests to have a suspended possession order on your property.

 

However, it is becoming a habit lately that lenders are asking for arrears to be paid back within 12 months and their customers are agreeing to this because they think it will look better for them. If you feel you will struggle to pay the monthly payment you have agreed, you can ask the court to consider that you make smaller payments over a longer term and there is case law to be considered i.e. Cheltenham & Gloucester v Norgan. The judge has the power to order a longer payment term, especially if you advise that you made the arrangement under pressure to agree to the lenders request.

 

It would be a mistake to commit to paying a sum each month that you may struggle to pay if you have an unexpected expense. If you miss just one payment on a suspended order the lender can apply for an eviction order and while they are defendable you really don't need the hassle.

 

I'll let you have the statement tomorrow.

 

In the meantime ring the court regarding having the hearing moved and let us know what they say.

 

Kind Regards

 

 

Ell-enn

[hari]

You are right about the pressure to pay the arrears over 12 months ..they said the only offer they would accept is £300 pm. Yes, it would be much much more manageable if were half that but we thought by agreeing to the proposal it might stop the court action.

 

Duh.......

 

It's hard not to agree to anything they say when you feel like contesting owt will jeopardise your home. It's all so emotive and I will admit I find it hard to see things clearly in this matter so great is my desire to make it GO AWAY.

 

Thankyou so much Ell-enn

[OLIVE.FAMILY]

I can completly ubderstand how you feel. My lender got a suspended posesion order after telling us court would not go ahead. Since then they will ONLY accept ridiculous payments. We agreed like you did just to stop us from going to court as the thought of them taking our home horrified us. This was all before we found this site.

After not being able to meet the lenders payments and falling further behind they tried to evict. Thankfully I found this fab site and had my arrears payments reduced from £400 a month to £100 a month. It will take 9 years to clear them but at least it is more manageable. The thing is after 6 months of paying on time the lender usually offers to capitalise anyway.

 

Going to court was the best thing we ever done.

 

Goodluck

 

Olives xx

[hari]

Olives...Thanks for your post , your tale is what worries me. It's easy to agree but WHAT IF something happens and we can't keep up the frankly outrageous amount of £300 pm? They then are more likely to evict aren't they.

 

I think we might need to re-assess what we are doing. There seems to have been no earthly point in our agreements as they have pressed on anyway.

 

I don't' know what to do for the best. If we want to pay less over a longer period do we have to stand and quote case law to the judge? Feel sick.

[OLIVE.FAMILY]

This was not meant to worry you. The judge wants to see that you can maintain payments IF you go to court. The judge will see that you have tried to negotiate an affordable offer and the lender is in the wrong by not accepting this.

 

Offer what you can afford. Like you said if you halve what you are now paying it will be more affordable. It will then still only take two years to clear. IF in the meantime you can pay more then do so but at least you are not being forced to

 

olives xx

[Bona]

Please dont worry there is case law I promise you they will crumble when they get to court only say you will pay what you can afford and what your budget sheet shows 99% of District Judges dont want to order repossesssion I know its hard but an awfull lot of us have been there your lucky day started when you found CAG listed and follow Ell-ens advice shes just great but I understand shes lost her internet at home she will be here tomorrow and her advice is top notch so stay calm try to get some sleep and tomorrow is another day

Take care

Bonaxxxxxxxxxxxxxxxx

[hari]

O.K everyone stop being so nice...I'm blubbing.

 

Thanks all. x

[cat100]

Hi Hari

Take Ell-enn's advice you will be ok.You have plenty of time to re-locate the hearing to a local court.

As everybody has said do not over commit on payments,only pay what you can afford,work your income & expenditure sheet to show this.

It is better to be able to afford the arrear's payment comfortably,otherwise you will worry all the time,(i know ive been there).

Also if they get a suspended possession and you can't afford the arrears payments,then they will take you back to court and try to evict.

Just remember these morgage companies are not your friends,be business like,they have their own interest's in mind.

Most importantly don't be frightened of the court, be strong and remember what your fighting for.

[Ell-enn]

Hi there, OK, lets get to work on this - you need to do a budget sheet to work out exactly how much is really affordable each month (I have affixed one to this message) , then you can complete the N11M. I will include in the statement for Q.27 that you offered more than you could realistically afford due to pressure from the lender to repay the arrears in 12 months, and we will quote the case law for this. Just let me know when you have worked out how much you can afford and we'll get the forms completed.

 

Please try not to worry too much. The hearing is conducted in a private room with just the judge, yourself and a representative from the other side. You will find that the judge will treat you sympathetically as he/she will understand that you will be nervous. The whole process will take no longer than 10 minutes. We can go through the court process more fully nearer the time.

 

Stay positive - you will be OK.

 

Kind Regards

 

Ell-enn

[hari]

Thanks cat100...

 

Can anyone advise ( step by step cos I'm a dope!) how we should proceed now?

 

We now have the written agreement from Oakwood and a direct debit set up for £300pm. Do we cancel this and inform oakwood and advise them of our lower offer or wait till the court hearing? I know for a fact Oakwood will refuse the offer but do we have to go through the mechanics so we can show we tried to negotiate before hand?

 

I'm scared it looks bad on the day that we have reneged on an agreement before we have even paid the 1st instalment.

 

How long do we have to fill in this n11m? Do we need to send/take proof of the figures with us such as wage slips bills etc?

 

How long doe the hearings take? What can we expect on the day?

 

I can't help fixating on getting some bizarre judge who grants the possession order rather than suspending. Also when the arrears are finally paid is that it? Is the order lifted?

 

Aaaargh.

[Ell-enn]

Hi there, you obviously posted while I was writing my post. Don't worry we'll get this sorted.

 

Ooops forgot to affix the budget sheet ; it's here now.

 

Ell

Budget Sheet.xls

[hari]

Hi Ell-enn sorry we seem to have crossed messages.

 

O.k so if I complete our budgeting by tomorrow and then complete the n11m tomorrow as well? Will that be o.k?

 

Your words are like getting into a hot bath on a cold day

[Ell-enn]

Hi there, that's fine, we can complete the N11M tomorrow when you have had a good look at your budget. It will be best to actually hand deliver the forms to court if at all possible, if not send by recorded delivery.

 

Try not to worry too much - believe me - there is no way a judge is going to order possession when you have an income which can sustain payments towards the arrears.

 

Kind Regards

 

 

Ell-enn

[hari]

Thanks Ell-enn.

 

I will be here bright eyed and bushy tailed ( yeah right ) tomorrow.

 

What time is best for you? I will be completing the n11m in 'rough' so hopefully it will just be a matter of running it by you for approval incase I botched up anywhere ( likely!)

 

One other thing our 'fixed rate' deal ends in November and we are trying to find out what it will 'go up' to from Oakwood. They haven't got the figures to hand:rolleyes: do you know how you work out the projected rise ? ( a further 2% btw) Marvellous. 9% interest rate mortgage great innit?

[cat100]

Hari

If you are going to struggle making the £300 payment then now is the time to alter it to a payment you can afford.Write to Oakwood and state the amount you can afford to pay, keep a copy,send recorded delivery.Yes they are most likely will not accept it,but the judge will see you have carefully gone through your income & expenses and realised what you can afford.

On my experience,get to court 20 mins before,see the usher.Ask for the duty solicitor if available, talk to her/him explain your circumstances, and ask them to represent you in court.I found them very understanding and helpful.

Oakwood solicitor will mostly want to see you.It is up to you if you wish to see them.At my first hearing I did see them with the duty solicitor and an agreement was made, we saw the judge for 5 mins and he rubber stamped it,and that was that.

Other than that it would last 10-15mins, you and oakwood solicitor sit at table infront of judge.You are in a private room,pleasant but formal.I addressed the judge as Sir or Mam.I know we all have this image of large court (something out of the bill) but it is not.

All the judges I've had for my hearings have been understanding and fair.

(As mentioned before and I think Olive would agree just remember their solicitor is not your best friend,be polite but don't always show them all your cards). Try not to worry,you will seriously be ok.

[hari]

I have spoken to the court and I have to write in requesting a transfer. They told me to send it in with the N11M which worries me slightly in case it goes AWOL between themselves and our preferred court.

 

I've worked out the budget sheet and after all the outgoings have come off we are left with £100 so this will be our offer. God know what would have happened if we had proceeded with the £300 wanted by them initially.....

 

Once Ell-enn helps with the Q 27 I will copy the lot ( printer not working ..natch) and send a recorded delivery to the court and our revised proposals to oakwood.

 

Do we take along/send in the more detailed budget sheet or is the statement of outgoings on the N11M enough?

 

I just can't wait for it all to be over..I hope we don't have to wait for ever for a different date at the new court.

Edited September 17, 2008 by hari
forgotten something?!?!

[Ell-enn]

Hi there, fill in the income and expenditure part of the N11M to reflect what is in your own budget sheet. We can then do an up to date statment for you to take to court on the day and affix your own budget sheet to that.

 

I will affix the text for Q 27 shortly.

 

What date is the hearing ?

 

Ell-enn