Nemo - Repossession hearing please help***SUSPENDED***

[Ell-enn]

Hi there, I've just got in from work - how long are you going to be there for? and have you filled in the budget sheet?

 

It's probably best to do a statement for court with the budget sheet attached rather than fill in the defence papers at this late date. Are you able to fax the court tomorrow? Not to worry if you can't, but you will need to take 3 copies of the statement and budget sheet to court with you on Thursday - are you able to print and get copies at work?

 

I will be on line all evening so I can work with you on the statement.

 

Ell-enn

[isoprox]

Thanks again Ell-Enn

Yes I have filled in the budget sheet and printed it off, I can fax all the info tomorow if neccessary.

 

what might be better is if I leave the office and do this at home I can allways email the paperwork to the office and print it off from there, unless you think its better that I do this at work

[Ell-enn]

Yes, if you can email the stuff we do tonight to the office and can print it out and fax it that will be fine. It will give me time to draft the statement.

 

Where the budget sheet is concerned - make sure that what you are offering towards the arrears each month in addition to the normal monthly payment is the amount left over each month after everything else has been paid.

 

Post back on here when you are at home. I will be online all evening.

 

Kind Regards

 

Ell-enn

[isoprox]

Thank you

The thing I cant get my head round is the fact that we are paying them the amount over and above the normal repayment, which is £35.00 and have been on a regular basis, apart from the two missed payments back in july and august, this is even on the papers from the court which is attached as the evidence, I rang the soliciters yesterday and expalined this and the lady that iss dealing with our case said she would ring NIMMO as she had no records of these payments, she said she would call me back but never, what I cant understand is the payment schedule with all the payments on came from the same person.

[Ell-enn]

Hi, classic case of poor communication by the lender- very common:mad:

 

We will have to give some explanation for the two missed payments - unexpected maintenance expense or whatever. Can you let me know the reason please so I can put it in the statement

 

Ell-enn

[isoprox]

unexpected direct debit payment by Welocme Finance Who else, they had been taking the wrong amount of our bank to the tune of an extra £80.00 per month.which took us over what we had left in to pay the Nimmo loan

 

just got back home now so ready when you are:D

[Ell-enn]

Hi, nearly there - do you have any children?

 

Also, I have just thought - as the loan is in joint names you will both have to sign the statement - if you have no printer at home how will you manage that?

 

Attachments to the statement will be:

 

Appendix 1. The letter you received from the solicitors stating no payments had been received since 2007

 

Appendix 2. Your bank statements proving payments had been made

 

Appendix 3. The budget sheet

 

On each of the Appendices you need to write the claim number (it will be on the court papers) on the top left hand corner and the corresponding Appendix number on the top right hand corner.

 

Ell

[isoprox]

Hi

Firstly I will get my wife to sign a blank A4 and will line that up when I print it, yes we have three children under 11, I have the bank statements the only thing is, at the begining of the year our balance looks quite healthy, and I thought the judge would look at this and say why did we not pay this off towards the arreas, as I said the payment summary that the solicitors sent has all the payment details on there.

the other thing is we were not notified that these payments had been missed the firts we heard was when the solicitors letter arrived.

[Ell-enn]

OK, use the solicitor's statement as Appendix 2.

 

I have affixed the statement. You need to enter information in the top where I have put XXX's (obviously remove the XX's) do not change anything in the columns on the extreme right (Claimant and Defendant) as this will throw the formatting out.

 

Make sure you keep it all on one page. Make sure your PC is set to print on A4 and NOT Letter size paper.

 

When you have printed it out make three copies of it all so you have three complete sets. (Keep the original letters for yourself).

 

When you fax it to the court put a covering letter with it asking them to pass the statement to the judge before the hearing.

 

Any questions, just shout.

 

Ell-enn

Isoprox Statement.doc

[isoprox]

Thanks again Ell would it also be worrt mentioning that we owe our first mortgage company £87,000 then the secured loan by Nemmo Finance £30,000 and also Welcome another secured loan of £26, 000

the currenet value is about £100,00 in todays market

[Ell-enn]

OK, if you want to add that - I've amended the statement and affixed.

Isoprox Statement.doc

[isoprox]

Ell thats great your a star

May I just add the original arreas, from the ordinary payments were due to the fact that that in 2006 I had an epelecic fitt and was unable to drive for a year, which made me office bound in my employment, and was unabale to make any bonuses which I would have normaly made when I could drive

sorry to be a pain, I am so sure they are going to make us homless thanks again

 

Also what if the judge ask if I know anything about the case you menytioned about cheltenam and Glouceter

[Ell-enn]

Believe me, they are not going to make you homeless. There is no way a judge will give them possession at the first time of asking, especially as you have an income and can make payments towards the arrears each month.

 

I know you are anxious about the hearing, but it will not be as bad as you think (it's not like Crown Court on TV). It will be held in a private room with just you, the judge and a representative from the other side. The judge will understand that you are nervous and will guide you through the process. Don't address the judge unless he/she asks you a question and then you should address as Sir/Madam - don't interrupt either.

 

The other side will get to speak first as it's their claim, then the judge may speak to you. The whole process will be over in around 5-10 minutes and you will find yourself outside with a weight lifted off your shoulders and your home safe.

 

Don't over complicate things, you are in arrears, you have offered payment you can afford - end of story. You will be OK, honestly:), I have been involved in helping people with much greater arrears than yours and who have been to court several times, they have all kept their homes and you will too.

 

 

 

Ell

[isoprox]

ok Ell

I will leave it at that, I will fax all this stuff over tomorow, and let you know later on thursday after the hearing just one thing what should i say about not sending in the deffence papers earlier

once again your a star thank you

[Ell-enn]

You don't need to offer any excuse unless asked (I doubt if you will be asked), all you need to say is that in your anxiety about the situation you misunderstood what you needed to do and only managed to get advice at the last minute.

 

When you get to court (get there early!) ask the usher if your statement has been given to the judge, if not give them one of the three copies you will have with you. You may also find that there will be a legal rep or a CAB adviser at court - many courts have them on repossession hearing days. If so, approach them and they will accompany you into court.

 

Stay positive, you will be fine. Put it this way, if you don't get a result I will stand naked in our Co-op window:D

 

Ellx

[isoprox]

I hold you to that lol you could now be a mega star lol:p

 

Thank You Again x

[Ell-enn]

Believe me - I'm confident I won't have to do it, otherwise I wouldn't have said it:D

[Bona]

Isoprox

 

Just one other thing when you get to court the otherside may come and talk to you they appear nice then twist what you say I suggest you are polite and but dont discuse the case with them

[OLIVE.FAMILY]

Hi just popping my head in to wish you goodluck for tommorow. I am one of those people Ellen has helped. You has helped me from eviction three times this year with a huge amount of arrears on both my mortgage and secured loan. It can be done.

 

Also she has threatened that window several times now so if she was not confident she would not have said it.

 

Good luck we will all be thinking of you tommorow

 

olives xx

[isoprox]

Thank you I hope your right, I will let you know later on tomorow:p

[jansus]

Hi

 

Just to say hope everything goes ok for you tomorrow

[isoprox]

thanks i need it will let you all know my fate:-x

[Bona]

You will be fine just keep cool

[isoprox]

thanx

[NickYorks]

Hey, good luck for tomorrow.