Newbie Repossession order from Halifax - *Repossession Stopped*

[Colly46]

Hi,just one more thing, I would like some help filling in my Defence Form, I want to get it just right and I know I will get the best advice here.

[Ell-enn]

Hi there, we will certainly help you with your defence statement. Have a read of this guide http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=31139&d=1320163405 there are examples of how to set out a statement and suggested wording.

 

A money judgement is a CCJ (County Court Judgement)

[Colly46]

Hi Ell-enn, I always feel better when I see your name, I feel a bit peeved that the solicitors could make such a fundamental error by getting our contractual mortgage payments so drastically wrong, I'm sure it was a spelling mistake, but to do that when my future is in their hands seems so cruel, I read, re-read, read again everything I write to them to get it just so and I feel I'm a puppet to them. makes me want to fight harder now. I will have a read and do some practice letters, Thanks again!

[Colly46]

When does it have to be in by,and who do I send copies to? Our mortgage is in joint names so we have one each, do we both fill one in or do one between us?

[Ell-enn]

Hi, just fill in one set and put both names in the boxes where appropriate. You should aim to get the defence to court 10 days before the hearing (hand it in personally or send by special delivery) . Make sure you take a photocopy of it all before handing it in so you have a set to refer to in the hearing.

 

Q27 is where you should affix a statement (examples in the guide). I am happy to assist with the wording if you need me to.

 

Any questions - just ask

[Colly46]

Thanks ell-en, I'll sit down later and have a good read, I need to write to the solicitors again, I explained our payment of £150 would start in december, I wont benefit from a full months wages until then, but we offered £100 in november, they are expecting £150 next week! could I e-mail them?

[Ell-enn]

Yes, just type out your letter and affix to an email - ask for a response within 24 hours.

[Colly46]

Have just read your link ell-enn, its fantastic!! I am just doing some rough copies and trying to get my wording right, although I'm still pooping myself about the court day, I feel a little more confident about things. This experience has made me feel like something nasty stuck on the bottom of someones shoe,and people on here have given me back a little self respect!

[Colly46]

Just one more question,should I ask to see any arrears they are adding to our account?

[Ell-enn]

Do you mean arrears fees ? if so, then yes certainly you need to see what fees and charges they are adding

[Colly46]

Am I right in thinking we shouldnt be paying for these,and they can be added onto our mortgage? If we had a chance of paying our arrears off in one lump sum, we would only pay for our payments, not the fee's? Sorry to sound so dumb, having a bad day.Thanks ell-enn!

[Ell-enn]

Hi, if you pay off all the arrears then there can be no repossession claim - you are not obliged to pay the arrears fees as they should be added to the outstanding mortgage balance.

[Colly46]

Thats what thought,so I need to get a figure for what we actually owe,do I ask the solicitors or halifax for that? I'm reluctant to talk to the solicitors,they are a bunch of wotsits, they called me late friday evening to clear something (one of their mistakes) up. Thanks ell-enn, I really dont know what i'd do without you!

[Ell-enn]

Halifax will probably tell you that you need to speak to the solicitors - remind them that their unhelpfulness will be reported to the judge !

[Colly46]

We may (and its a big May) be able to get some help paying off the arrears, but want exact figures (I dont trust this bunch) should I mention this to them? (I mean that we may be in a position to pay off the arrears, not that I dont trust them)

[Ell-enn]

I'd just say that in order for you to form a proper defence to their repossession claim you need to know exactly how many missed payments they claim you owe - note that arrears are missed contractual monthly payments, not fees or charges.

[Colly46]

Thanks ell-enn, I have e-mailed them........... again! still no response. I shall set to the task of filling my defence form and filling in an I and E sheet, would you cast your professional eye over them before I send them off? We are making our first installment on thursday,so will provide proof of that too, I am hopefully getting a copy of my new work contract so will photocopy that..........just to clarify, I send all the above o the courts 10 days before our hearing, and then take copies in on the day? This process is a nightmare for me,I'm dyslexic and have no organizational skills what so ever.................. thank god for you!

[Ell-enn]

Hi there, I'm happy to look over your documents. If at all possible you should hand them in to the court - otherwise they need to be sent by special delivery and then ring the court to make sure they have them.

[Colly46]

I'll hand them in,we dont live that far away, I'm working till thursday so will get everything done friday! Thanks ell-enn!

[Colly46]

We pay our mortgage straight into the bank,we paid the required amount yesterday,and I notice next month the due date falls on a saturday, the Halifax branch is closed,so do I pay it monday?

[Ell-enn]

You should pay it on the Friday

[Colly46]

I have written my statement,and am starting to fill out the form, can i just use their budget thingy? Do I nee to send anything else? we made a payment last week,should I enclose proof of that or take it with me on the court day?

[Ell-enn]

Is it an N11M form you are filling in ?

[Colly46]

Hi ell-enn, its the form that came with the 'claim for repossession' not sure what number it is. I basically put that my husbands hours had been cut due to a reduced work load, and that I have managed to increase my hours at work so that should enable us to pay the cmi plus £150 towards the arrears. We have 2 dependent children (one of which has aspergers syndrome) I have proof of our payment last week,and also have wage slips to prove my increase in hours. I want to keep it simple,and not waffle too much, I will also fill in their expenditure sheet,and send it all off.................... Phew!

[Ell-enn]

If you are going to post it make sure you send by Special delivery so you know they've got it - it's really best to hand deliver to the court office. Also you should take a photocopy of it all so you have a set to refer to in court. If you are affixing any documents make sure they are photocopies (you can take the originals on the day), and stapled securely to the Form.

 

 

Are you asking the judge to consider the Cheltenham & Gloucester case law ?