Claim form for possesion hearing 4th Jan

[Big Dan]

Merry Xmas (I dont think).

 

We have received repossession papers from our lender to appear in court on the 4th Jan (And a happy new year).

 

I am self-employed and due to the needs of the business had to stop taking on further work while I sorted out some problems with non-payers etc.

 

I have spoken to our lender throughout explaining the situation and we have continued to make payments on and off throughout even asking for some short term assistance from them which surprisingly to date has not been forthcoming.

 

They have now out of the blue issued possession proceeding for a hearing on the 4th of January.

 

I have spoken to them several times to try and make some leeway with them but all they have said is that unless i find £5000 in the next two weeks the hearing will go ahead.

 

Trouble is this. We have a number of other commitments and as i havent started taking on new work yet we dont have much of an income at the present time (should be easily remedied).

 

However i am concerned that if i fill out the forms showing that as things stand we cant make the full monthly payment plus something to clear the arrears repossession is a forgone conclusion??

 

Please help if you can as we cannot afford to lose our house/place of work as my wife is already on the brink and doesnt know about this as yet.

[mkb]

Hi Dan & welcome to CAG

 

Ell-enn is our mortgage repossession expert & I'm sure she'll be along soon to offer help.

 

Have sent you a PM as well.

[citizenB]

Have flagged your thread up for the attention of the site team.

[mkb]

Got your PM & link which I have pasted here as it may be useful for others

 

info4local - Information for local government - Preventing Repossession Fund

[on*the*case]

Hi Big Dan

As mbk has said Ell-enn is the one for assistance on repossession, and will be along to help:-)

 

I dont know your circumstances etc but briefly you will not be kicked out of your home on the 4th, and your lender demanding £5000 to stop the action is unreasonable bullying .

 

There are well established protocols that lenders and the courts must follow in cases of mortgage repossession, it doesnt sound to me if your lender has followed these. Repossession action should only be the final resort.

 

Most of us here have been through the same grim situation so we know what you are going through. It will be fine, no Judge will allow you to be kicked out if you are still in a position to pay at least something.

[jansus]

are you aware of the current Ministry ofJustice protocols?

 

OTC is right at the moment pay at least what you can -try not to miss whole payments.

 

Do you have any evidence of future work?

 

are you on repayment or interest only?

 

How many months arrears does the £5000 represent?

 

Do you have dependants in the property with you?

[Big Dan]

Hi All,

 

As far as I can see they havent followed the pre-action protocol.

 

We are currently 8 full months in arrears but have on occasion been advised by the lender not to worry about a months payment and just to pay the next months payment.

 

We have had no 15 day notice, or default notice and the proceedings had started the day before our last payment was due.

 

We have only ever not paid anything for 2 months at most but have spoken to them throughout and been told not to worry.

 

We have even raised the issue of proceedings and been told as it should be it only a last resort.

 

Total arrears are £7700 ish which is 8 months at £940 + charges(!)

 

The procedings have as i say come completely out of the blue and i feel like the lender has lulled us into a false sense of security and planned this all along???

 

We are interest only but on a two year fixed term which ends june 2010 when (as things stand) our mortgage payments will be less than half the payment they are now (£940 now £400 June 2010).

 

We have asked about ended the fixed term part early but been told we have to maintain 6 payments before it will be considered???

 

To top it off speaking to a friend tonight he advises me that out of the blue Abbey(different from our lender) called him up about his mortgage and offered him this option which he obviously accepted despite him not being in any difficulty (Figure that out????)

 

We have two very young daughters.

Edited December 18, 2009 by Big Dan

[jansus]

I wish you had found the forum earlier. It is never a good idea to miss whole payments. A court will always take into consideration your efforts to pay whatever you can. So thats the first thing start paying what you can - either by cheque or debit card - whichever method they will allow.

 

You will have to complete a budget form to try and establish exactly what you can afford to pay. the fact that hopefully your MP will go down to an affordable payment will be part of your defence.

 

Can you afford the MP as it is without paying off the arrears at the moment?ou will have to try and give Ellen some idea of what you think will happen regarding your income over the next couple of months to try and establish your best offer.

 

Is there equity in the property at all?

 

Are the charges included in the arrears figures they are quoting for court?

 

 

Y

[jansus]

Budget Sheet.xls

 

Here is a budget form to complete . Hve you done anything about the defence form with the court?

[Big Dan]

Hi Jansus,

 

There is lots of equity in the property (£50k-£80k) which is the most annoying bit as if they repossess this will more than likely be wiped out.

 

I am hoping for some guidance in respect of the claim form which is why I came to you guys (and girls).

 

14 days is up today (Monday) but its my understanding this can be submitted any time before the hearing???

 

I have a job interview on Tuesday afternoon as they have left me with no other option but to rejoin the rat-race so I can at least go to court and say we will be able to afford everything.

 

Still cannot believe this is happening as there has been no pre-action discussions even pointing to the action being taken, has always been "Yes thats fine" "Just pay what you an when you can" etc they are absolute scumbags and may as well just go around kidnapping children and holding them to ransom.

[Ell-enn]

Hi there, you can take the forms to the court anytime up to the hearing really - most courts will accept them late. Alternatively you can take a witness statement with you on the day of the hearing and give a copy to the judge and the representative for the other side. I can help you with writing the witness statement.

 

If you think you will know before the hearing whether you have got the job or not it will be best to wait and do a statement to take with you on the day as it will be the most up to date information.

 

However, if you want to do the forms to take to the court this week let me know and I'll help you with them.

 

Ell-enn

[Big Dan]

Hi Ell-enn,

 

Many thanks for the assistance.

 

Great minds think alike, I'm hoping things go well tomorrow and have a few other things i am tryinf to get in place before the hearing.

 

Fingers crossed.

[Big Dan]

Grrr!

 

2nd Interview!!!

 

Let just hope its very very soon.

 

Out of interest can anyone assist with the worse case scenario and help me to prepare at least a very shaky defence??

 

Happy to PM you all the details but could do with knowing where we stand before I go in to court

Edited December 23, 2009 by Big Dan

[Ell-enn]

Hi there, I can help you with structuring a statement - the court will be closed over Xmas and New year so we have plenty of time to get it done.

[mkb]

Courts are closing at 4pm today & re-opening on Jan 4th (same day that Dan & ourselves are listed for possession hearing.)

[Big Dan]

Hi All,

 

By the skin of my teeth I have managed to get us a suspended possession order to pay the contractual monthly instalment (CMI) + £50.

 

But please see the below link as everything became clearer to me after a rare flash of brain power

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/241058-warning-hmss.html#post2685591

 

Hope yours went OK MKB???

[mkb]

Well done Dan

 

Ours is adjourned for "1st available court date after 14days" to enable us to try & get actual figures which IMSI will be paying (judge seems to think that we're clairvoyant!!) Forms only being sent us tomorrow so still up in the air but we'll not go down without a fight