Coast claim for Possession - old Welcome secured loan - Disc'd once - now another N24/N11R - help ***Resolved***

[Ell-enn]

Just so I don't need to read back through this long thread - can you explain why they are taking you to court - is it for arrears on the loan?   are you able to make monthly payments to clear the arrears?    I can help you with a defence for court but need to know what it's all about.

[Ell-enn]

Is it an N11M Defence  form you are filling in ?

[Ell-enn]

Hi, what do you propose to offer to repay the arrears?  in order to avoid repossession you will have to tell the court that you will maintain the normal monthly payments plus an amount towards the arrears each month.   This is done is a statement to go with Q27 of the N11M form which we can help you with, but you need to tell us what you are proposing to pay.

[Ell-enn]

Are you making payments on the first mortgage?   is it only this Coast loan that is not being paid ?

[Ell-enn]

 Your N11M defence form should be at court at least 7 days before the date of the hearing.

[Ell-enn]

If they have been calling your neighbours then that is completely out of order !!    You should be making a formal complaint - would your neighbours give a statement of what calls they received and the questions asked?  Who are the "While you were out cards" from?

If they want income and expenditure make sure you use our budget sheet, not theirs.  If you can't find it let me know and I'll send you one.

 

Also write and ask them for a breakdown of the solicitors fees - who are they using ?  silks?    Probably their in-house "legal" department  at virtually no cost.

[Ell-enn]

Did you send your SAR request by recorded mail ?

[Ell-enn]

Hi, can you please confirm if you have received a date for the hearing and what, if any,  paperwork has been sent from the court.  N11M is the correct form for defence of residential mortgaged property.

[Ell-enn]

OK,  thanks for the info.  So I don't have to read all through this thread can you please answer the following:

 

How much are the arrears?

When did you last make a payment?

Are you able to offer any payment at all ?

 

While I understand that the issue of charges and fees is important that can be dealt with once we have secured the roof over your head as that is by far the priority.

 

To be perfectly honest, unless you can come to an agreement with Coast in the next few days then you are going to have to attend the possession hearing - we can help you with the defence to send in, provided we have something to defend with i.e. a payment arrangement.     I know you say you can't face a court hearing but if you don't attend the judge will have no option but to grant possession in your absence - which means eviction.  We would then be in a position whereby we need to defend eviction action.     

 

By the way, possession hearings are conducted in a room around a table with the judge and the two parties concerned - it's not a court room with a jury like on TV - it's a totally different scenario and the judge will always try to make you feel comfortable.

 

You say a solicitor has been dealing with this - how much have you been paying them? 

 

 

[Ell-enn]

If it's not the lawyer's area of expertise then there could be a lot they are unaware of.  What terms are they going to try and negotiate ?

 

Is it still a possibility that family may be able to help ?

[Ell-enn]

Do you still have the letter offering £3.5k settlement?