Repossession Hearing - please help!!

[golden_uk]

Hi there,

 

I was hoping someone can help me a I not sure where to turn. I have a reposession hearing on the 18th of February and will list some details asking for some advice.

 

The property was bought less than 2 years ago at the peak of the prices as a means for residence after me and my ex fiance would get married. When we split I rented the property out and the rate increased to 7%. Additonally some of my income was related to my ex and he owns me a large sum from business deals

 

I first got in arrears while the property was not rented around october, when I offered to pay part I was declined and their response was always it is now going to court for repossession (interest only mortgage). I managed to repay in december but was then sick and am now two months in arrears, will be 3 on the day of the hearing.

 

Beggining of January I signed an offer from the mortgage provider to put the two months arrears in the sum and start proper patments in February. The letter clearly stated that I only need to sign and return, I do not need to call them and that the account would be brought up to date.

 

Instead I was contacted by their solicitors with ahearing date. Following numerus calls and letters I had no response on why or what happened and the signed arrangement was withdrawn.

 

The property is now rented and can meet the monthly payments but cannot afford to pay the 2 months that I am in arrears. I am not sure what to do as an arrangement was reached but they are refusing to tell me why they took it back after it was signed. Also I am in negative equity so I cannot see why they are so eager to repossess.

 

Help, please!

[trying]

Hi Golden,

 

I dont think I am qualified to give advice.

 

However, as I noticed you had not had a reply yet, I thought I would let you know that I dont think you have too much to worry about. Having been in a worse situation than you and read on here much worse situations, you will get good advice here and I'm 100% confident you will resolve this.

 

Although, it is very stressful. Remember, it is not the solicitors that decide on a repossesion, it is a judge. In my experiance, they will do everything to assist you. They are also under instruction from the government to have repossesion as an absolutely last resort.

 

Dont get too stressed and get on with your life. I'm sure you will get proper advice shortly

[Ell-enn]

Hi there, I assume you've received a Claim for Possession from your local court? if so, there will be an N11M defence form enclosed. You need to fill that in and return it before the hearing - I can help you with that. Q.27 of the N11M is the most important part.

 

In the meantime you should write to the lender asking why they have reneged on the pevious arrangement. You can then produce the letter (and any answer you get) in court which will help your case. If you need me to draft the letter please let me know.

 

Ell-enn

[golden_uk]

Thank you both for your responces

 

Ell I have not received anything from the court only a letter from the solicitor with their written witness statement. I do not know what the forms you refer to are. The hearing is on the 17th.

 

I have both written and called the mortgage provider but they are refusing to talk or respond to my situation. Over the phone I was promised that they will look into it and come back to me back I guess they just did it so I hang up. No responce whatsoever only confirmations for the hearing date.

 

I also send the proposal to their legal rep and he is also refusing to even aknowledge the agreed arrangement.

 

What do I do?

 

thanks for you help

[Ell-enn]

Hi, when did you receive the letter from the solicitors and also does the letter give case number and which court the hearing is at?

[golden_uk]

The solicitor has given me the court details, date and time but not the case number. No letters or correspondence rceived from the court.

[Ell-enn]

OK, first thing you need to do is ring the court and ask if your case is listed for the date and time on the solicitor's letter. If so, tell them you have had no claim form or defence papers sent to you. Let us know tomorrow what they say.

 

You need to do this tomorrow, if your case is being heard on that date we need to get a defence together and delivered to the court.

 

Ell-enn

[golden_uk]

Thanks Ell, I'll do that tomorrow.

 

I see you helped a lot of people on this site, lets hope you can help me as well as this is turning into a nightmare!

[Ell-enn]

Try not to worry too much, if you have an income and can afford the monthly repayments + something towards the arrears no judge will repossess your property. Also, if we can get the lender to capitalise the arrears there will be no need for a hearing.

 

Let's see what happens when you ring the court tomorrow.

 

Ell-enn

[golden_uk]

I contacted court but could not find hearing without a casenumber. Am waiting from solicitor to respond, what do I do now?? Only 6 working days left..

[Ell-enn]

Hi there, what does it say on the front of the solicitor's witness statement? and who are the solicitors?

[golden_uk]

It's states

Future morgages and my name

Supplemental witness statement of...

 

And then the statement

 

Their covering letter states date and time of hearing. I have to assume that's correct but what do I do now?

[golden_uk]

It's states

Future morgages and my name

Supplemental witness statement of...

 

And then the statement

 

Their covering letter states date and time of hearing. I have to assume that's correct but what do I do now?

[Ell-enn]

When you rang the court did you give them the name of the Mortgage Company and yourself and the date & time (you shouldn't need a case number, they should just be able to look at the listings for that date and see if you are on it!)

 

You need to ring them again or else ring the solicitors and ask for the case number - tell them you have informed the court regarding their letter and the court have no knowledge of the hearing (that should put the wind up them if they are sending out letters like that without actually having a hearing date allocated by the court!).

 

Ell-enn

[Ell-enn]

Also, did you send the signed offer letter back to the mortgage company by recorded delivery? and did you keep a copy of it?

[golden_uk]

Hi there

 

thanks for your prompt responces, in between meetings I am trying to deal with this as well.

 

When I rang the court gave them details they said they could not find anything and where asking for the court case No. I suspect though that she didnt try enough, she was a bit rude and didnt want to even try to start with.

 

As for the letter ( i assume u mean our agreement to put capitalise the arrears) I sent the letter next day delivery and kept a copy but no respose. The same agreement was sent to the solicitor only first class but was also emailed to his personal email address.

 

I tried to reach solicitor to get the case No but couldnt so I sent them an email requesting that info.

 

This is so frustrating! I think they want to repossess for some reason I cannot understand as the negative equity would now be in excess of 150K

[Ell-enn]

Hi there, I doubt very much if they will go for possession. I suspect (but only my opinion) that FM have not told their solicitors that you have signed the payment agreement till the last minute and that a hearing has not actually been arranged. It happens all the time with lenders and their solicitors - classic case of bad communication.

 

Perhaps you ought to ring FM and ask what happened to the agreement you sent them that they signed for on such and such date? While you are speaking to them you could let them know that you are fully aware of the Mortgage Pre-action protocols which they seem to have contravened.

 

They wouldn't get possession if they took it to court, given you have a letter offering a payment arrangement which you have signed and sent back to them.

 

Ell-enn

[golden_uk]

Well FM refuse to talk to me over the phone. They say that I should speak to their solicitor and the matter has taken its legal course. Last time I refused to hang up sked to s[eak to someone else, they tried to make me sound crazy. That this was not an agreement, it was simply a suggestion but changed their mind when I read the letter she did now what to say and simply said they will review it and come back to me. Never did.

 

Any ideas of how I can get them to respond, they are acting as If I do not exist. I am sure that they are proceeding because yesterday I received a statement for the month with the arrears. If they aknowledged the agreement there soundnt be any arrears as my monthly payment is not due yet.

 

I feels like I am talking to a wall...

[Ell-enn]

Looks like you're going to have to ring their solicitors (who are they, by the way?) and ask for a case number, also advise them that you have not received a claim form to respond to - also tell them that you have been in touch with the court and they cannot find a hearing listed for that date!

 

Ell-enn

[golden_uk]

They are called drydens and I am sure they are v sucessfull at what they do...

I will call them tomorrow ouf all I can think of is this, what I need to prepare, what evidence of income I can provide. I am just scared because this is now a buy to let mortgage and assume it is easier for the judge to decide for them. ill let u know what they say

[Ell-enn]

Try not to worry too much, we'll deal with whatever the situation turns out to be.

[golden_uk]

I'll try, really appreciate your help and support!

[Ell-enn]

No problem, happy to help

[golden_uk]

Well, I have now found the claim number for the hearing. But called the court about 30 times today and no answer. I am running out of time, any suggestions??

[Ell-enn]

Where did you find the claim number?