Repossession Hearing - please help!! ADJOURNED

[golden_uk]

I called the solicitor and they gave it to me

[Ell-enn]

Is it possible the claim for possession could have gone to the property you are renting out? If that is the property that is mortgaged that will probably be where it went

 

Can you call the tenants and ask if there's any post for you?

[golden_uk]

I do not think that that is possible. But they did receive a letter from solicitor informing them of the hearing which the agency forwarded to me.Do I need the paperwork from the court or can I download them from somewhere and send back?

[Ell-enn]

You would need the original claim forms - however, we can do a witness statement for you to take to the court next week and they will put it in front of the judge before the hearing.

 

Can you ring the solicitors again on Monday morning and tell them you have not received the claim forms and ask what address they were sent to. Then you will have to ring the court and give them the claim number to get them to confirm it is listed for the 18th.

 

There's something not right about this - if they have only just issued a claim I would have expected the hearing to be scheduled for mid March not in two weeks time. How long have you had the letter from the solicitor?

[golden_uk]

The letters started around the 17th of January, dated 15th. I initially thought it was a mistake as I had already signed the agreement I think on the 12th. The agreement was dated 7th I received it a couple of days later. So I tried to contact the solicitor and mortgage provider as I explained before. The letter confirming the date of the hearing came around the 22nd so around 4 weeks before the hearing date.

 

Basically the response to my queries about the agreement was letters with the date of the hearing.

 

Can you advice on what documents I need to put together for the hearing? I am really hoping eventhought I do not beleive it that the agreement can still be implemented.

[Ell-enn]

OK, you will need copies of the letter offering the payment arrangement and agreement you signed and sent back to them together with proof they received it.

 

I still don't understand where the claim forms have gone - I still suspect they have gone to the property. Do Future know you are renting the house?

 

I'll work on the statement over the weekend, but you still need to phone the solicitors on monday and ask what address the claim form was sent to and when.

 

 

Ell-enn

[golden_uk]

Ok I will do that on Monday, but all letter from FT and the solicitors come to my address and they all know it is rented.

 

What would I need in terms of proof of my earnings? Do I need the legal agreement that the property is rented? Would a letter stating that some money that someone owns to me will be paid in the next 6 months? How honest do I need to be with how much I owe elsewhere? I have my parents helping me with some payments since my split up but dont want to mention that

[Ell-enn]

Hi, I have affixed a budget sheet for you to complete, we will need to attach that to the statement. Print one off and "practise" on it so you get the figures to where you want them to be, before completing the final copy.

 

Remember that the amount you are offering to pay towards the arrears each month, in addition to the normal monthly payment, will be the amount left over after everything else has been paid.

 

If your parents are giving you money add that into your income.

 

You will need a copy of the tenancy agreement to prove that income also.

 

Ell-enn

Budget Sheet.xls

[golden_uk]

Thanks Ell I'll do that

[golden_uk]

Ive done by budget sheet, any ideas on how long it is appropriate to repay debt? I do not have much to pay against arrears...

[Ell-enn]

How much is your monthly installment and how much can you afford to pay towards the arrears in addition to that?

 

Ell-enn

[golden_uk]

my monthly payment is 3300 my arrears 2 *that and I can pay pushing it 200. What I want to argue in court is that the agreement was reached mid January and hence I arranged my finances in such a way to pay february.if I had known I would have paid January.

Also my february payment is due on the 14 th but I plan to pay on 18th after the hearing just on case it goes wrong, what do u think?

[Ell-enn]

Have you spoken to the solicitors to confirm where the claim forms were sent and also to the court to ask if that claim number is scheduled for a hearing on 18th.

 

I would advise you to pay your installment on the 14th because if you have to go to court on the 18th you can show the judge that you have started to make the payments you signed up to on the agreement.

 

Ell-enn

[golden_uk]

I was confirmed to me that my home address was given but I haven't received anything so I'm guessing due to timescale I'll have to go without them

 

What do u think about my proposed repaym plan and my argument about theagreement?

[golden_uk]

ell can u pls help me draft a statement for the court? It's on Tuesday and was thinking of trying to enforce our signed agreement. Let me know what u think?thanks !!

[Ell-enn]

Hi - I will start to draft your statement and post on here either later today or tomorrow. Have you made your February payment yet? that will help your case if you can take proof of that to the court.

 

Ell-enn

[golden_uk]

that is great thanks, I made a payment using a debit card but was not given a red number. They were going to call me back with the red but haven't . I'll call them again on Monday I'm beggining to think they are so unprofessional .. Anyway that's all I can do if they choose not to ask for the funds from my bank I cannot prove anything!

[Ell-enn]

Hi there, I have finished your statement for court but need to know if you have the signed for receipt from Royalmail for the agreement letter you sent back to Future.

 

Ell-enn

[golden_uk]

Hi there, thanks for that!

 

I do not have the original one, as I sent it first class only. But have a receipt of me sending them a letter urging them to make contact with me where I have attached the agreement. This followed a phone conversation where they promised they will call me back, never did.

 

The original agreement was posted to them on 12/01/09 and the second one was on the 28th (received by them)

[Ell-enn]

OK - I have amended your statement and it is affixed. You will need to enter information where I have put XXX's and print it out (keep all on one page).

 

You will also need to assemble Appendices as follows:

 

Agreement letter - Appendix 1

Your letter urging them to respond - Appendix 2

Budget sheet - Appendix 3

 

On each of the above write the claim number on the top left hand corner and the Appendix number on the top right corner.

 

The statement and Appendices make up your defence pack.

 

You will need three copies of the pack to take to court. One for the judge, one for the other side and one for yourself to refer to.

 

I have also affixed info on the Norgan case law we have quoted - it is only for you to read DON't give it to the judge, it's just in case the judge asks you if you know what the Norgan case is (unlikely, but it has been known).

 

Any questions, just shout. I'll go through the hearing process with you later when you have got all your documents ready.

 

Ell-enn

Golden statement.doc

Cheltenham & Gloucester v Norgan.doc

[golden_uk]

Ell-enn

thank u so much!! I will put it together as you suggested.

 

One more question, the reason for the arrears is due to the economic downturn and me splitting with my fiance. Do I need to mention that this is now a buy to let because of that but that was not the original intention? and my income now is considerable less than a year ago when i was self employed, was dealing with properties. how much information do i need to provide in relation to that?

 

I will need as u suggested some advice for the day, ie what do I wear? where do I give the defence pack or anything else u think will be useful

 

ouf too much stress, only thinking about it...

[Ell-enn]

Is the mortgage in your name only?

[golden_uk]

yes, so strictly speaking its my responsibility alone. but what i want to emphasise if it makes a difference is that it was not bought as an investment.

 

would i need to povide evidence of my income?

[golden_uk]

Hi again,

 

If you are in, can you please let me know what to expect tomorrow? Where do I give the paperwork?

[Ell-enn]

Hi, just got in.

 

Tomorrow - make sure you arrive at court in plenty of time. There will be a court usher who will ask who you are and check you in. Give your statement to the usher and ask if they can put it in front of the judge before the hearing. Don't worry if they say they can't, you can give it to the judge yourself once you are in the room.

 

If there is a representative from the other side they may ask to speak to you before the hearing. It's up to you whether you do or not, if you feel that they are trying to intimidate you (sometimes it's a young recently qualified upstart trying to make a name for themselves!), just say you'd rather wait for the judge to decide.

 

The hearing will be held in a private room with just yourself, the judge and a rep for the other side. You will sit around a table, or on one side with the judge on the other. As it is the mortgage company's claim the judge will hear them first then come to you. You should address the judge as Sir or Madam. If you need to give him/her your statement, you should say "Sir/Madam, may I give you my statement" and hand it over. The judge will know you are nervous and they are generally very good at guiding you through the process. The good thing about being a litigant in person (that's you), is that the judge is required to help you along.

 

Stay positive, I'm sure you will be fine.

 

Ell-enn