Lloyds secured loan, Claim for possession.

[Ell-enn]

Hi, it's never too late to put in a defence, but you will have to have a proposal for repayment and any information relating to other issues. You should certainly send an SAR, but they will have 40 days to respond - what date is the possession hearing set for?

[Ell-enn]

The case law you need to use if you want to stay in the property is not Norgan, it's S. 91 Law and Property Act 1925 Palk v Mortgage Services Funding Plc 1993.

[Ell-enn]

Hi, what do you want to ask the court to do? are you going to ask for time to sell the property or, do you want to keep the property and offer something towards the arrears on top of the normal monthly payment. We need to know this before we can help with an defence.

[Ell-enn]

OK, do you have a recent statement from them ? if not you need to write by special delivery asking for one and giving them 7 days to send it. We need that for the court - if you need help with the letter please let me know.

 

No doubt there will be several late payment charges added on also. Among the paperwork they sent did they not state what payments were missed?

[Ell-enn]

Have you tried to get any legal advice on this at all? a 1 hour free consultation with a solicitor might help. Or check your house insurance and see if legal assistance is included in the cover.

 

Also, are there any Law Centres near you - which part of the country are you in?

[Ell-enn]

Have a look here About Law Centres

[Ell-enn]

Did you find out where they are based, or the solicitor's name?

[Ell-enn]

Well one way of looking at it is, he'll know how the lenders operate and what they're likely to accept.

[Ell-enn]

Hi. OK - let's look at this positively. You obviously need to make an offer of payment, so you need to work out what you can reasonably affiord to pay each month. I have affixed the budget sheet we normally use so you can work out your income and expenditure.

 

Do you need help with writing a defence statement for court? or is your solicitor going to represent you?

[Ell-enn]

Hi there, if there is a court hearing to "rubber stamp" your agreed payment arrangement, it's best to let the court have the details of what you offered (and they accepted), just in case the lender's reps turns up at court with a different tale ! and no matter what they say about you not needing to go to the hearing - make sure you do attend so you are aware of everything that is being said.

[Ell-enn]

Hi there, sorry - the budget sheet didn't attach to the previous post, it's here now if you need it.

 

Glad you're attending the hearing is your solicitor attending? if not it would be a good idea to take a statement with you. You need to get their acceptance of the payment arrangement in writing too.

 

Let me know if you need help with anything.

 

Ell

Budget Sheet.xls

[Ell-enn]

Has the solicitor written a statement for you to take to court? If not we can help you with that

[Ell-enn]

I'll get back to you this evening

[Ell-enn]

That's brilliant news - what a great judge ! Provided you keep to the arrangement you will be ok.

 

P.S . sorry I didn't get back to you on Friday - I had problems with my laptop.

[Ell-enn]

There's no way out of the forums now Nunnyrose - your experience of the situation you have been in will be helpful to many others, both new and existing caggers. That's how we all help each other here

[Ell-enn]