repossession on Tues Help please

[Ell-enn]

Hi Cosytoes, I have only helped with one N161 - but I can try and assist if you need me to.

 

Did you contact the solicitor the CAB gave you the details for ?

[cosytoes]

Thank you so much for your support, On a plus side I lost 4lbs at weight watchers this week!!! who needs a diet!! got to laugh or else.....

I'm gonna tackle the N161 in the morning, too late now, brain pickled. Hopefully the solicitor will ring me back with an idea as to how much he's going to charge. If its reasonable I'll let him direct me,

I rang morgage company and asked for a breakdown of costs, they said they would post em to me....... watch this space!!

Thank you all again

Cosy

[Ell-enn]

You need to write to them by special delivery asking for the breakdown. That way you have a copy to show the judge at the appeal hearing always keep a paper trail so you can prove what has happened.

[Smarterchick]

Just one final thought cosytoes, if you are using a solicitor and he/she requests a full disclosure under the request for a detailed breakdown of their figures, ensure they make sure all the % rates and back-up documents to support any and all figures they have applied are supplied to your solicitor as they have a habit of supplying rounded off figures, no interest % rates and no supporting evidence as to what exactly the charges represent IN DETAIL - which is exactly what you want..

 

Do not be fooled into thinking they are correct and acceptable - they are not. If you do not understand exactly what a charge is - then ask for the supporting evidence. It's not what they supply you need to worry about, it's what they don't and get EVERYTHING explained even if you have to ask a hundred times and you are told everything is 'irrelevent' which is their favourite word from previous account holders experience, my advice to you is get the detailed back-up evidence.

[caro]

Any update on this cosytoes?

[cosytoes]

Hiya

Yeah,

decided to go it alone (apart from all your Help) but no solicitor.

The Judge had all my evidence and my last statement giving the balance owing. The rep from the lender went first, and warbled on. when he gave his figures the judge said,

"thats a huge discrepency do you have a full breakdown?"

" No" was the reply, "just my instructions",

"Mrs Smith has a statement here, dated and signed by Swift with a fiigure £20,000 less than the amount you are stating"

1-0 to me!!

Then he quoted Cheltenham & Gloucester V Krauss and told the judgehe had no option but to grant possession cos the house was in negative equity.

" have you had a valuation done on the property?" Asked Judge

"no, but Mrs P agreed with me at last weeks hearing that the house was probably valued at £210K"

"Are you a valuer Mrs P" asked judge!!!!

Er no!! I replied

"so you want me to grant possession on figures you can't substansiate and a valuation done in the court waiting room"

2-0 to me

Long story short possession has been suspended, judge accepted my offer to clear arrears, but judge said It will be up for review in 3 months, as I was leavinng Judge said, "just make sure you make those payments"

 

I have written to Swift, requesting a full breakdown of costs, to find out what the representative was quoting, and will try to claim them back once I've got my head back on straight!! but at the moment I'm just relieved to be still in my house,

 

Thank you thank you thank you for your support

[caro]

Great to hear this cosytoes. I do hope that you'll come back if you need more help with this, but the judge was right. If you default on any payment, even if it's just a bit late, it will be harder to fight on another occasion.