too late ? too many defaults ? eviction 31 jan - kensington mortgages

[Lea_HTH]

Okay, I have PMed you the statement.

 

I have put it into a witness statement format - witness statements should contain only factual information, and not law - so do not be tempted to add anything that speaks to the law into that particular document.

 

The case law that you may need to refer to in court, if the CJ decides to hear not only the appeal, but also make a decision on suspending the warrant - is Cheltenham Building Society v Norgan...don't worry about quoting it in full - you can merely state that your offer of £200 towards the arrears is Norgan compliant and will repay the arrears before the end of the term of the loan.

 

Your strongest argument is your son's well-being and his care package, and the fact that his right to a family life will be impacted if the house is repossessed (again, this is a legal argument, so it is NOT to be included in the witness statement), it is something that you are free to state to the judge. The right to a family life is enshrined in the Human Rights Act 1998 - Article 8 - but I suspect you will not have to mention this at all as the witness statement plus supporting documents, should be more than sufficient for the CJ to realise that there is quite a lot at stake, particularly since you appear to be able to afford the CMI plus something towards the arrears.

 

Let us know what time and date your hearing is, and most importantly whether you are able to get someone to represent you at the hearing. It is VERY difficult for a lay person to know what to say and when to say it when in court, simply because the whole thing is obviously extremely personal to them. It is easier if someone else can do the talking for you.

 

Make sure you make three copies of the statement and all supporting documents. Get to court early and ensure the judge is given a copy and ensure you hand a copy to the mortgagee's representative. Retain a copy for yourself and/or your representative. They should read it and familiarise themselves with your case and potential arguments, so hopefully if you have someone to represent you, they will have been able to read it in advance. I cannot stress how important it is that you remain polite and humble at all times (it's a drag, but really the CJ will find it far easier to deal with you and be sympathetic towards you if you behave appropriately - and don't forget to address him as 'your honour').

[Lea_HTH]

Make sure that you cut and past the PM info into a word document and that it is set out exactly as it appears in the PM - and change/add the information that is missing (e.g. your name, wife's name, children's names, address, and so on).

[janif]

Lea - i'm not sure how to thank you but the format & content you have sent me is exactly what I could only try to put into statement. I will cut and paste and upload the missing information tomorrow. I expect to have the statement finalsed and ready for the court office and kensington by tuesday.

 

i will update you tomorrow pm. thanks Lea. This hearing is vital and at least you have assisted me greatly to present my case. i will let you know the date and time, i don't have anyone to represent me so any assistance on this would also be gratefully received.

 

thanks for taking time out on a sunday.

[janif]

lea - depending on the date of the hearing (just to confirm, i should be advised by the court office by tomorrow, monday, pm.) would it be advisable to send the statement and attachments to kensington and to personally drop off the papers to the court office ? i assumed the court and lender would want sight ideally 48 hours ahead of the hearing date.

 

in light of your assistance with the statement, i think it would be better if the court actually ignored the form i completed on friday- as i advised you earlier, the content was hurried and not thought out.

 

i'll be making all the necessary calls and commence with the MRS tomorrow morning.

[Lea_HTH]

The hearing might be for that afternoon, or the following morning, in which case it may be easier just to hand a copy to the representative on the day. If you think you can get it to the right department (it will almost certainly have to go to the solicitors and not Kensington), then by all means post it to them, but if you do that, ensure you have another copy to give to the rep that turns up.

 

Don't worry about your witness statement being more comprehensive than the N161 form - just tell the judge that you have prepared a fuller statement and would like him to consider that. You've just clarified things a bit - ensure you read through your statement carefully so that if the judge asks you any questions you can direct him to the relevant paragraph and/or the supporting documents.

[janif]

so the hearing could even be for tomorrow monday afternoon ? I'll post on here as soon as I get notified. I will be calling the court office at 11am and then again just after 2pm.

 

would anyone be potentially available from the forum to assist at the court ?

[janif]

i will definetly make extra copies - just in case they are required on the day.

 

re kensington - i will ensure the right department or as you say the solicitors office get the copies - i'll get confirmation of receipt too.

[Lea_HTH]

The Citizens Advice Bureau provide duty advice at Romford, but I believe only on Wednesdays when possession hearings usually take place. The hearing might be listed for Wednesday, but it'll be up to the person who does the listings for the CJ, so could be any time really. You should try contacting CAB in the morning to find out if they could send someone along.

[janif]

lea - i got confirmation of the hearing from the court office - 9.40am friday 27/1 (eviction due tuesday 31.1)

 

i did not get any progress with the MRS - no one at havering to discuss or advise. I am sending them a summary by email tonight (one person designated to work on MRS). I now expect to complete the statement by tomorrow evening and will drop off to the court office during wednesday morning. I've also got an email contact and name for kensington (you were right - their solicitors are dealing with this now). Shall i give the statement at the same to both the court and to kensington ?

 

i got marketing valuation from a local agent - comparable evidence was produced and the marketing price is 50k above what i mistakenly included in my failed application for suspension. the higher marketing value puts me in a positive equity position (comparable evidence on my street is even above my house price).

 

the date of the hearing is later in the week than i anticipated but i suppose i have extra time to prepare.

[janif]

i will focus on the MRS tomorrow am - if there are any further delays with this, do you think i should delay sending the statement, until say thursday am ?

 

also, i can't get any more agents to advise on sale price until later in the week . will one agent be enough ? i will have the comparable sales as further evidence.

[Lea_HTH]

What else are you adding to the statement?

 

You should contact CAB and ask if they are able to send a duty adviser along to the court on Friday to assist you. You should also try contacting a law centre to see if they have anyone available to accompany you if CAB cannot help. I would suggest you get a solicitor, but I expect that the cost would be an issue for you.

 

You really ought to have submitted the statement and all supporting evidence today - so get it in to the court and post it to the solicitors for Kensington by recorded delivery if at all possible. Do NOT delay submitting it any later than tomorrow - there is no further reason for the delay, particularly since you want this statement to be taken into consideration and not the one you submitted last week.

 

One agent will suffice in the short time you've had - so long as that agent has sold other properties in the area for the prices he is quoting, and is prepared to put that in writing, it will at least support your change of opinion from the price you gave in court last week.

 

My suggestion regarding the MRS is to make an appointment and go and see them - emailing them a summary this evening is all well and good, but you won't get a response by Friday - you NEED something in writing from them to support your case in court, telling the court you emailed them a summary won't cut it. Make an appointment and go and see them and get them to write you a letter that you can give to the judge on Friday to state they are going to assist you with making an application.

[janif]

ok lea i 'll follow your guidance - i'm only waiting on the MRS - I did go the housing dept today and there is only one person who deals with MRS and she was absent all day(plus a very young member of staff who saw me for 2 mins - no one else deals with it in the whole of havering !). I'll go tomorrow tuesday am and try again - whatever happens i'll have everything completed emailed and posted (& dropped off by hand to the court office).

[Lea_HTH]

Good stuff.

 

It's really important to get it filed and served as soon as you possibly can so that the other side can't say they've only just got it and haven't had time to consider the information.

[janif]

OK. You've made it crystal clear with regards to strategy so I just focus on a complete set of documents arriving in both sides in trays.

 

i'm very very nervous....

 

but you've made me realise exactly what needs to be done to stand a chance.

[Lea_HTH]

I appreciate it's nerve inducing, but if you hold it together enough to explain your circumstances to the judge (and giving him time to read your statement and evidence is going to really help with that), then you should stand a reasonable chance of success.

 

I do however think your case would be better supported with the MRS information as back up.

[janif]

Hi Lea

 

 

 

Do you mind giving me your opinion on how I should respond to being asked why I did not pay any payments towards the mortgage and why I should be trusted for any new arrangement ?

 

Also, can you suggest what other questions I will be asked and some responses ?

 

Sorry to ask but I'm doing my best to prepare.

 

its d day tomorrow ...thanks for arranging assistance from duty advisor

[Lea_HTH]

With any luck the judge won't address you directly since you will have representation at court tomorrow. If he does, then you simply acknowledge your failings in not paying due regard to the mortgage and state that you have been under pressure from all the prevailing circumstances, but have now realised that burying your head in the sand was not the way to go. State you have taken steps to get appropriate advice and that you are seeking alternative solutions to the position you find yourself in (the MRS) and that in the interim you have worked out your finances and can afford to pay the CMI plus X towards the arrears.

 

The thing about having representation is that all of the above should be said on your behalf by your representative. It is rare for a CJ to address the appellant directly when they have representation - so don't expect to be addressed, and frankly, you will probably do far better to leave it to your representative to do all the talking. If you do have to speak to the judge, do not forget to address him/her as 'Your Honour' - remain polite (always) and accept any telling off you may get with good grace.

 

I will get an update from your rep, but please make sure you let us know the update on the thread too, so that people following your story will be able to know the outcome.

 

Good luck, I think you stand a good chance, but fingers crossed anyway!

[Lea_HTH]

Your representative will be able to advise you of any likely questions that arise, and what you should say in response - though, as I said, you should perhaps leave it all to your adviser.

[janif]

Thanks lea - not sure What I would have done without your assistance and this forum.

 

I do now feel organised and focused. I'll meet the duty advisor that you kindly also arranged and yes I will follow the protocol that you have outlined.

 

Feels like the calm before the storm...

 

The hearing is at 940 am tomorrow friday morning - I hope to post a positive outcome tomorrow !

 

 

 

 

QUOTE=Lea_HTH;3696476]With any luck the judge won't address you directly since you will have representation at court tomorrow. If he does, then you simply acknowledge your failings in not paying due regard to the mortgage and state that you have been under pressure from all the prevailing circumstances, but have now realised that burying your head in the sand was not the way to go. State you have taken steps to get appropriate advice and that you are seeking alternative solutions to the position you find yourself in (the MRS) and that in the interim you have worked out your finances and can afford to pay the CMI plus X towards the arrears.

 

The thing about having representation is that all of the above should be said on your behalf by your representative. It is rare for a CJ to address the appellant directly when they have representation - so don't expect to be addressed, and frankly, you will probably do far better to leave it to your representative to do all the talking. If you do have to speak to the judge, do not forget to address him/her as 'Your Honour' - remain polite (always) and accept any telling off you may get with good grace.

 

I will get an update from your rep, but please make sure you let us know the update on the thread too, so that people following your story will be able to know the outcome.

 

Good luck, I think you stand a good chance, but fingers crossed anyway!

[janif]

hi alli would have loved to post a post today saying the hearing went my way...but unfortunately it didn't...The circuit judge sided with the lender and now i'm faced with eviction on tuesday 31.1.12 at 12.15pm.lea asisted me greatly with the defence and also arranged for a duty advisor to represent me. the whole day started badly - pre hearing, the clerk advised us that the judge wasn't entirely happy with some one representing me - romford not used to duty advisors...then the clerk said the circuit judge 'had got out of the wrong side of the bed'...it was very tough in the court room - my record was very poor and that pretty much put the nail in the coffin. after 23 years, me and my wife and 2 children have to leave.I admit fully my faults but i honestly expected at least a suspension for say 3 months, especially in light of the care needs for my son.anyhow, after the initial shock i deciced it might be as well to call the lender to see if there was a possibility to stay. in summary, if i can gather 12.5 k by tuesday 12.15pm, they will let me stay. the monthly payment plan has bee accepted. so i'm going to try beg and borrow from friends and famliy. I don't know where this 12.5k will come from but if it appears i have at least a chance.lets see what the weekend brings. approximately 86 hours to go until eviction......

[Lea_HTH]

hi alli would have loved to post a post today saying the hearing went my way...but unfortunately it didn't...The circuit judge sided with the lender and now i'm faced with eviction on tuesday 31.1.12 at 12.15pm.lea asisted me greatly with the defence and also arranged for a duty advisEr to represent me. the whole day started badly - pre hearing, the clerk advised us that the judge wasn't entirely happy with some one representing me - romford not used to duty advisErs...then the clerk said the circuit judge 'had got out of the wrong side of the bed'...it was very tough in the court room - my record was very poor and that pretty much put the nail in the coffin. after 23 years, me and my wife and 2 children have to leave.I admit fully my faults but i honestly expected at least a suspension for say 3 months, especially in light of the care needs for my son.anyhow, after the initial shock i deciced it might be as well to call the lender to see if there was a possibility to stay. in summary, if i can gather 12.5 k by tuesday 12.15pm, they will let me stay. the monthly payment plan has bee accepted. so i'm going to try beg and borrow from friends and famliy. I don't know where this 12.5k will come from but if it appears i have at least a chance.lets see what the weekend brings. approximately 86 hours to go until eviction......

 

Firstly, Romford have duty advisers on Wednesdays, so the court is used to them.

 

Secondly, I have had a full update from the DA who represented you. Unfortunately, you didn't provide the full facts behind your defaults on the mortgage which led to the CJ deciding against allowing your appeal.

 

The CJ simply heard the appeal and denied it, hence no evidence was given or considered.

 

I think it is important to be CLEAR to those reading this thread that there were reasons behind the appeal being dismissed, and usually in circumstances where the information as presented in this thread are absolutely factual and not missing any crucial and relevant information, then a person in a similar circumstance would have stood a chance at a successful appeal. Unfortunately, that was not the position in this case.

 

It is essential for anyone seeking advice on this forum to provide those of us here with FULL and FRANK details, withholding relevant information may be detrimental to your success.

 

Janif, if you manage to raise the 12.5k, ensure you get the dismissal of the eviction for Tuesday confirmed IN WRITING before handing over the sum of money. You are very likely to find yourself in the position of having paid 12.5k and still having the bailiffs at your door on Tuesday without confirmed cancellation of the eviction.

[janif]

hi lea - i thought i had given all the relevant information. the number of missed payments since the last suspension ie nil payments since july was obviously the biggest factor but i did advise that i had one one suspension and this was my first time in front of the circuit judge. not my day today.anyhow, i will try my best for the 12.5k and get the confirmtion of the suspension ahead of any payment given to the lender. at best i will get a suspension for 3 months (that's what they have offered) but you're right i better get the confirmation.lets see

[Lea_HTH]

Yes, you referred to the payments missed since the last suspension, but did not mention how few payments you had actually made over the length of the mortgage. It is unfortunate, but affordability really is an issue for you.

 

If you do manage to get a concession on the eviction (it's not a suspended warrant unless a judge orders it - it is merely a concession on the mortgagee's part to withdraw the current warrant - it doesn't stop them issuing another one immediately), then I would strongly suggest you chase up the mortgage rescue scheme as realistically, on the facts, this is your only real prospect of staying in your home.

 

MRS have said they will look at an application from you - so make sure you submit it immediately.

[janif]

ok lea understood.MRS at havering appear to have little experience but they promised they would try again on monday am. i will focus on the MRS can you please assist me with the confirmation i require from kensington re lump sum ? what do i need from them ahead of making any payment assuming i can get the funds ? this would be very helpful.

[Lea_HTH]

ok lea understood.MRS at havering appear to have little experience but they promised they would try again on monday am. i will focus on the MRS can you please assist me with the confirmation i require from kensington re lump sum ? what do i need from them ahead of making any payment assuming i can get the funds ? this would be very helpful.

 

Just confirmation that they will withdraw the warrant and cancel the eviction date, in writing.

 

They will probably tell you to make the payment and then they will give confirmation - at this stage you don't really have much in the way of negotiating room - so get them to put in writing that IF you pay 12.5k they will withdraw the warrant and cancel the eviction. That would at least be sufficient proof to show to the bailiffs, whilst they check if the payment has been made, when they turn up on Tuesday.