help and advice needed!!

[Ell-enn]

Hi there, do you only have the Swift loan secured on the property or do you have a mortgage ?

[Ell-enn]

Are you going to be able to keep up to date with your main mortgage ?

 

 

How much are the arrears with Swift?

How many years/months are left on the Swift loan?

Did you write to Swift to explain your circumstances?

[Ell-enn]

OK, how much are the monthly payments to Swift?

 

 

Do you have copies of the letters you wrote to Swift?

[Ell-enn]

OK, can you fill in the affixed budget sheet (it calculates automatically as you fill it in), this will give us an idea what your actual financial situation is. Credit cards and other unsecured debts should only be offered £1 a month, but we will deal with them later. Your priorities are obviously, Mortgage, loan council tax, water rates, gas & elec.

 

 

Can you give a brief history of how and why your income has reduced since you took out the loan please.

 

 

What date is the court hearing?

Budget Sheet.xls

[Ell-enn]

OK, let's see what can be done when you've completed the budget sheet.

[Ell-enn]

Nothing yet - you've got plenty of time before the hearing. We need to get some kind of defence together, which is why we need know your actual financial situation and you should complete the budget form then let us know what the outcome is.

[Ell-enn]

Hi there, it looks as if you have £68 left over each month which you could use towards arrears - however, your housekeeping at £100 per month is very low. How are you dealing with the council tax arrears ?

[Ell-enn]

Hi there, you won't lose your home over arrears of £1,300. I'll do a letter for you to send to Swift with your budget sheet telling them that you can only afford £25 per month towards the arrears and that you intent to defend their possession claim in court as you have already written to them regarding your situation and they have not given you any help. Then you need to negotiate with the council to pay an extra £20 per month towards your arrears with them. You can then add 20 onto your food/housekeeping budget in case you have extra expense.

 

 

I'll affix the letter to this thread later today. If you post it tomorrow morning by recorded delivery they should get it on Monday, let's see what they say then.

 

We can then take a look at filling in the court papers - if Swift don't withdraw the court claim then you will need to attend the hearing but it's not as scary as you might think, it's just like a meeting round a large table - no public are allowed in - it's just you , the judge and a rep for the other side - the whole thing takes just 5 minutes.

 

We'll deal with the credit cards etc later once we've sorted this out.

[Ell-enn]

Try not to worry too much - I;m sure things will work out OK. I'm at work at the moment but will get the letter done for you a bit later. Back shortly

[Ell-enn]

Hi there, affixed is the letter. Make sure you have got the correct Swift address/Department to write to - send tomorrow morning by recorded delivery (or special delivery by 1pm if you can afford it - I think it's just over £5). There is no point sending it today as they wouldn't get it till monday anyway.

 

 

I have altered your budget sheet (affixed). You need to attach a copy to the letter.

 

You also need to send a covering letter to the solicitors on the claim for possession form you got from court - I have affixed the letter you need.

 

So, you will need three copies of the letter and the budget sheet (one to send to Swift, one for the solicitors and you MUST keep a copy for yoursef - including the cover letter to the solicitors).

 

 

Once you have posted the letters, staple the postal receipts to each letter and then a few days later check on the royalmail website to print off the signature receipts -then staple those to the letters also. We will need those as proof they received the letter and we will attach then to your defence statement if you do need to complete the court defence.

 

Are you OK with all this? if not, just shout

ccrl14 letter.doc

ccrl14 budget sheet.xls

ccrl14 covering letter.doc

[Ell-enn]

Hi, I can help you with a witness statement for court but it will have to be later today. Are you able to take it into the court tomorrow ?

[Ell-enn]

OK, I'll catch up with you this afternoon and we'll try to get the statment finished as I'm not able to be on line tonight.

[Ell-enn]

They can ask - but they're not entitled to that information - you will submit a budget sheet to court and yu have already sent them one. Is this in response to the letter you sent them ?

[Ell-enn]

Hi sorry, it's too small for me to read. When did you send them payslips? Do not send them bank statements - you have sent them a budget sheet with your letter and that will be sufficient for court.

[Ell-enn]

You did send the budget sheet with the letter?

[Ell-enn]

Right, that's all they need, if it's good enough for court then it's good enough for them. I'll start to draft a statement for you shortly.

[Ell-enn]

Hi, is the mortgage in your name only?

[Ell-enn]

OK, statement affixed - you need to enter the info where there are XXX's at the top of the page (remove the xxx's), the info you need will be on the court forms.

 

Print out the statement and sign. On the letter and budget sheet you sent to them write Appendix 1 on the top left hand corner and the Claim number on the top right hand corner and on the copy of the letter you received from them today write Appendix 2 and the Claim number in the same way.

 

Now assemble as follows:

Statement - signed

Your letter and budget sheet - Appendix 1

Their letter - Appendix 2.

 

This forms the pack to take to court - make sure you staple it securely together before handing it in. Also, take a copy of it all for yourself so you have a set to refer to in court.

ccrl14 Statement for court.doc

[Ell-enn]

Hi, no need to fill in the N11M - you have all the information you need in the statements and attachments. Just hand it in to the court and ask for it to be put in the file for your hearing. Don't forget to keep a copy of everything for yourself to refer to in the hearing.

[Ell-enn]

I wouldn't respond if I were you - you've given them enough information to work on.

[Ell-enn]

Unbelievable !

[Ell-enn]

Hi there, I will catch up with you later when I get home from work. It is vitally important that you attend the hearing otherwise there is the likelihood that the judge will give possession to Swift. As SJ says above, it's not as scary as you think.

 

I'll be back shortly.........

[Ell-enn]

Please try to stay focussed - the court isn't like those you see on TV - the hearing is conducted in the judge's chambers usually around a table just like a meeting. Normally there is only you, the judge and a representative for the other side. It is vitally important you attent - the hearing will only take around 5 minutes and as you have shown you are able to make payments going forward the judge won't take your home away from you.

 

I know you will be stressed and frightened, but the judge will know that and they are usually very good with those attending on their own. |Make sure you get to the court in plenty of time and ask if there are any duty legal advisors in attendance (most courts have them on repossession hearing days), if there are approach them and ask for their help, they can accompany you into the hearing and support your case.

 

Please try to be strong - it will all be over quickly and you will still have your home, but I cannot stress enough how important it is that you attend.

[Ell-enn]

Hi there, try to stay positive - I know you're scared (everyone who has been in your position has felt the same), but they will all tell you that it's no-where near as bad as you think. Just try to focus on how good it will feel when you leave the court knowing your home is safe. Judges in these cases are usually very understanding and as I said in a previous post, make sure you get to the court in plenty of time to ask if there are any duty legal advisors who could assist you. When you get into the hearing try to remember that everyone here is with you and are confident of your success

 

It will be OK - so please come back and let us know the good news

 

Will be thinking about you.

 

(I've sent you a private message)

[Ell-enn]

OK, the court you are going to has an advisor there this morning - there will be a court usher at the entrance to the court who will ask for your name, tell this usher that you need to speak to the advisor and they will point you in the right direction. Also, ensure you take along the copy statement you handed in to the court.

 

Chin up - it'll soon be over