C&G repossession order received * Repossession Stopped*

[gem77]

So is our court although the judge does sit on a raised platform if my memory serves me right. Still a jibbering wreck though. Who would I ask about a duty solicitor? and would I sort that out on the day?

[ukaviator]

You can get last-minute legal help under the Housing Possession Court Duty scheme. The scheme runs in county courts in England and Wales and provides you with a specialist adviser on the day of your hearing who can represent you. They will also help you come to an arrangement with the mortgage lender. You will need to contact the court where your hearing will be held. You may not have to go if they see sense.

[gem77]

thank you ukaviator I shall look into it.

[ukaviator]

Any news Gemm77?

[gem77]

morning ukaviator.

 

No. had no response to my letter. received their witness statement yesterday but thats it. got to do my defense today. Hopefully Ell-enn will be along to give me a hand.

 

Had the mother in law come to visit for the weekend so put it to the back of my mind as we only see her a couple of times a year. So got to get on and sort it now.

 

Hopefully their complete lack of communication and their refusal to accept that part payment will work in my favour.

Also on the witness statement it appears they are also asking for judgement on the complete mortgage not just the arrears, is this normal? I thought they could only get judgement on the arrears.

[Ell-enn]

Hi, what date is your hearing ?

[gem77]

Morning Ell-enn. 3rd January

[Ell-enn]

OK, you have plenty of time to take the defence in to court - I'm pretty busy at work for the next couple of days but I should be able to draft a defence statement for you when I have spare time. We also need to look at your budget sheet again, perhaps not a good idea to list all the creditors and amount of arrears as it could be seen that you have too many creditors and high arrears - might be better to group it all together under Loans/Credit Cards etc - I'll have a think about that. I have removed your budget sheet from your post for the time being.

[gem77]

ok Thanks Ell-enn. Thank you. I thought the defense had to be in within 14 days after being served?

[Ell-enn]

You can take your defence into court anytime before the hearing - recommended 14 days before the hearing but even a week before is OK.

[gem77]

oh right ok. Thank you so much ell-enn

[gem77]

Still no reply to my letter. Hopefully there lack of co operation will go in my favour.

[gem77]

Ok got to start this defense now. Still no word from C&G about the letter I sent.

Good news is I can submit my defence online.

[gem77]

In section 2 of the N11M defence form I take it I say no that I do not agree with what is said about the property and the mortgage agreement and my reasons are that they do not have the right to possession of the property due to their breach in the pre- protocol precedure because of their lack of communication and unwillingness to resolve the situation and the fact that they refused a payment. Also that the particulars of claim are vague, inaccurate and missing information.

They are inaccurate as the state that our current employment is unknown yet they have been told on numerous occassions including in the report from the outside agent what our situation is.

 

Would this be right to put in part 2? obviously in more detail and better worded but thats about the gist of it.

[Ell-enn]

If I were you I wouldn't submit the defence on line, it's much better to hand it in to the court or send to the court by special delivery. Online defences have been known not to be received. Make sure you keep a copy of everything for yourself.

 

Unless there is something fundamentally wrong with the wording of your mortgage agreement (unlikely), then you should tick yes. Q.27 of the form is the place to set our your issues. You should write in the box at Q.27 -please see statement affixed - you can see an example of how to write the statement in the guide http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession

[gem77]

Ok thanks Ell-enn. Will get right on it.

[gem77]

Hope you all had a good christmas and a happy new year to you all.

 

Well tomorrow is court day. They are now going to ask the judge for a suspended possession order and a judgement on the full outstanding mortgage.

 

does this usually happen. I thought they could only get judgement on the arrears not the full amount surely.

 

Don't think I will be getting much sleep tonight

[gem77]

Thank you so much to all of you on here. The hearing went well.

 

The judge was all set to give them the suspended possession order then I jumped in and told him about their refusal to accept a payment two days before issuing it to court. He said that changed everything and that it basically ment their pre protocol action didn't add up or make sense. It was adjourned while the representative ( who was completely thrown by this) went to make a phone call.

 

On returning he didn't really have an answer to that other than that apparently I had agreed to the suspended possession order so again I told the judge I had only agreed to pay an additional £50 a month and although they had sent me a form to sign to agree to the suspended possession order I hadn't signed it or sent it back as I believed it was for the judge to decide. He told me I was quite right and that he would not make the order or any judgement.

He did try to also wipe the costs but then the representative said that because it was a mortgage they had a right to the costs. The judge agreed and said they must be added to the mortgage.

 

It has been adjourned as long as we keep up the repayments.

 

Huge weight off my mind glad it is all over with.

[honeybee13]

Good for you! I think you handled that really well, I hope things get better for you now.

 

Thank you for letting us know and well done to the people who have helped you.

 

HB

[Ell-enn]

Excellent news - well done

[gem77]

Thanks HB. I was quite impressed with myself as I am usually a jibbering wreak in these sort of situations but I kept myself composed. I even had to butt in as the judge didn't give me a chance to speak and say my piece.

 

gona really knuckle down and sort things out properly this year. I must admit last year I did bury my head a bit and also concentrated solely on my son to try and get him sorted and back on the right track.

 

So my new years resolution is to get myself more organised, sort out my ppi claims oh and get the charges taken off my mortgage.

 

Lets just hope it all goes to plan.

[gem77]

Thank you so much for all your help ell-enn couldn't have done it without you. x

[ukaviator]

Well done Gem great job.

 

Now go after the charges they have added to the account.

[gem77]

Thank you ukaviator and yes that is going to be my next step. They may be entitled to the £100 cost but They aren't having the rest of charges off me as well thats for sure.

 

Keep an eye out for me on the other forum as I am bound to have questions as no doubt they will try to fight for their charges.

 

[ukaviator]

Will do, take care