Thank you

[hybrid77]

Although I've never posted in this section, everyone that's posted here has probably helped in some way.

 

On 24th December we received court papers from Abbey for possession hearing on 18th January .... somewhere between £3,000 and £4,000 arrears as the solicitors paperwork doesn't tie up. Nowhere open for advice until early January, and CAB too busy to see us until 5 minutes before the hearing. No defence put in (CAB said there was no need). CAB attended the hearing but were absolutely useless. They did manage to get us an adjournment though.

 

Best advice CAB could give us was to save as much cash as possible for the next court date. Abbey refused to talk to us full stop. Solicitors refused to listen to any payment proposals.

 

Court date finally arrives at the end of March ... 6th May ... 6 weeks. By this stage, we've been keeping up with regular monhtly payment and putting aside whatever else we can. Solicitors wanted the arrears below £1,000 before they'd consider a payment proposal. We eventually get the bank details to make payment by BACS (after being given the wrong info twice be Abbey counter staff and £500 floating around cyberspace for a week).

 

On 21st April we broke the £1,000 barrier and got solicitors to agree to a payment proposal, a shocking £200 per WEEK. They assured us they'd write to us and the court to adjourn. 28th April still nothing in writing so I call again.

 

Witness statement and budget sheet to be submitted to court on 29th April. CAB as much use as a chocolate teapot with the witness statement so I looked on here and made one up (thanks Ell-enn for all the time you've spent putting them together for people).

 

A letter finally arrives on 30th April from solicitors telling us not to attend court, they've written to adjourn. Nothing in writing about the payment proposal though. 4th May, 5th May and today, I phone court and as far as they're aware, hearing is still on.

 

Last night, I prepared another witness statement to give to the judge ... arrears now £122.96, charges £500+, attached receipts of payments and the solicitors letter. This morning we arrive in court, just in case Abbey are trying to be sneaky.

 

Our names are called, husband and myself walk in all by ourselves. Judge asks if I'm Mrs ******* and then presumes my husband is attending for Abbey ... LOL. We say no, asks where Abbey are. Continues the hearing in their absense. Abbey haven't submitted any paperwork so I give the judge the copies of copies they've sent me. I also ask if I can give him a more up to date statement.

Judge: how much are the arrears today?

Me: £122.96

Judge: pardon?

Me: £122.96

Judge: really?

Me: yes, all the receipts of our payments since the last statement are there, and the interest and charges are highlighted in my copy of the original statement from abbey which you also have there.

Judge: £122.96?

Me: yes sir.

He has a quick look though my paperwork, gives a few raised eyebrows, a few smiles and told us he was striking the case out. Had Abbey turned up, it would probably have been an adjournment on terms, but given the circumstances he would strike it out. He asked when we'd be in a position to pay the remaining £122.96 and the £500 interest and charges. I told him next week, but looking back he was trying to hint at us taking much much longer ... never mind. I got a well done and good luck on the way out!!

 

I'm glad we had CAB with us at the first hearing. I really didn't have a clue at that stage what was going on. After reading this site though, I've pored over my paperwork, knew every little bit of it ... any question the judge asked me, I could have answered, and it gave me confidence to go ahead without the bumbling idiots at CAB fumbling through paperwork. I'd also pored over the relevant sections of the CPR, mortgage code and test cases and had some backup ammo, but in the end it wasn't needed. I only wish the Abbey solictor had shown up.

 

Donation to CAG made Now to take on the rest of the rip-off merchants that have had me over a barrel all these years!!

[PGH7447]

Well done - glad everythings alright now:)

 

as for the charges, start a claim of you own and get them back

[pompeyfaith]

Hybrid77,

 

Well Done That event has given you a boost and shown that Judges are not as scary as they seem to some people.

 

As PGH has said go after those charges there are people here that can help you with that.

 

Oh and The CAB you are right I got more help here in one night that the CAB gave in a year.

 

Good Luck

 

PF