Help...Re:possession hearing on the 21st April,09 SUSPENDED

[sellyservice]

Hi

thanks for the kind help, just doing all the paperwork now, will the judge know they should not add charges to the arrears?, thanks again

[Ell-enn]

Hi there, yes the judge will be very interested in the fact that they have inflated the arrears by including charges to make the situation look worse than it is - he won't like that at all!

 

Ell

[sellyservice]

Hi

lets hope the judge is a nice guy, i,ve just read that DB are now not lending and are the third highest lenderdfor repo's, paper work is all done now will take by hand tomorrow, thanks for your time and will keep u posted on how it goes..regards paul

[sellyservice]

Hi Ell

went to court today, great lady distric judge who suspended the order on the grounds i pay normal monthly plus £100, she went on to say she could not do anything about the costs added to the arrears and she thought DB were not behaving resonable and in her opion it was all about charges, she said shortly the judges will have power to change the terms of the mortgage agreement and she would be looking to do that in this case if she had power now, she also thought the Db's statement of truth was not correct and if i could find the paperwork to prove it, then file a complaint with the relevent bodies, i hoped she would kick the case out, but i think in genaral it was ok and she did not give them costs for todays hearing and also they wanted me topay the order from the 30/04 but she said they could wait a until the 30/5 for the first payment.I think what everyone should take from this is don't be worried about the courts, make sure you go and get great help from people like those people on here who took the time to write letters for me etc ,so thanks all regards

[Ell-enn]

That's brilliant! well done for being so brave and standing up for yourselves I hope you can relax now.

 

Ellx

[jansus]

Well done - and very interesting comments from the judge!

[Fiscalawareness]

Thats great to read, just a note for anyone else in the same situation.

 

I noticed you said things had improved since your missed payments.

 

We stop repos all the time by the following systems.

 

If the house is let, the rent goes to the mortgage company direct

 

If there is a increase in earnings a income vs expenditure is created and a reasonable repayment plan created

 

If other debts are involved in most cased unsecured is payed before mortgage due to pressure from card and loan companies, we address this and ensure Judge understands the client did not understand and now has a priority of debts.

 

Finally if other debts involved we look at debt managment to lower unsecured to allow mortgage to be payed.

 

Hope this helps anyone else

 

cheers James