Repossession Order

[goodyear]

Hi All

 

Im not sure if I have posted in the right forum.

I need some help. I received a letter from Acenden Solicitors on Saturday and my court date is 8th July.

I spoke to Acenden/Preferred last month and agreed to pay £356.55 on the 1st June which I did. I went through an Expenditure form with them, and for some reason they said I had £300 left out of my money. And asked me to pay an extra £200 to stop court proceedings. I could not afford the additional hence why the court date has arrived.

On doing my form again I dont, I only have £120.

Is it worth ringing them and pointing out their mistake in my expenditure or go to court?

Many Thanks

[goodyear]

Much appreciated with any help or advice

[renegadeimp]

Prob them thinking they can override other priority debts. Happens a lot in the sub prime world.

 

Weve even seen reports where lenders and solicitors told the debtor to cut back on the food theyre buying so they can pay more.

[goodyear]

Prob them thinking they can override other priority debts. Happens a lot in the sub prime world.

 

Weve even seen reports where lenders and solicitors told the debtor to cut back on the food theyre buying so they can pay more.

 

How can you back on what you spend on Food, and toiletries its a joke. Myself, an 18 year old and 6 year old.

[goodyear]

How can you back on what you spend on Food, and toiletries its a joke. Myself, an 18 year old and 6 year old.

 

I dont even have a social life, I work 4 days a week. Out from 9:45 till 11pm at night :/ Its not healthy for myself or children. But needs to be done

[National Debtline]

Hello there,

 

Please do consider completing this financial statement (you can click through to find it) as it meets a recognised industry standard format. Although I cannot say for sure, it may well be that the one you completed with the mortgage lender didn't cover everything that you may reasonably need to list within your outgoings.

 

Please make sure that you attend the hearing. If you can show the court that you can meet the mortgage payment plus a little extra on top towards the arrears the likelihood will be that you will be granted a 'suspended possession order'. This means that you'll be able to keep the property - so long as you can meet the arrangement. The court should allow you to pay the arrears over a long time, this could be several years. In fact, an important court case called 'Cheltenham & Gloucester v Norgan' has reinforced the fact that you *could* pay the arrears off over the whole remainder of the mortgage term.

 

We have a really useful fact sheet that covers mortgage arrears in detail, you can find it here.

 

Please also investigate whether or not the lender has been charging you for late/missed payments - if so, you should look into claiming those fees back - this site is absolutely the right place to be to help you with that.

 

Very best wishes,

 

David @ National Debtline.

[goodyear]

Thanks David.

They have been charging me an extra £70 per month for late payment and are charging an extra approx £1500 court and solicitor fees

[Ell-enn]

Hi there, have you sent back the N11M defence form yet? I can help you with Q.27 of the form which is your statement in defence of possession.

 

 

How much are the arrears and how many months payments does it represent?

How long is left on the mortgage ?

[goodyear]

Hi there, have you sent back the N11M defence form yet? I can help you with Q.27 of the form which is your statement in defence of possession.

 

 

How much are the arrears and how many months payments does it represent?

How long is left on the mortgage ?

 

Hi Ell-en

 

My arrears are £989.20 I have 15 years left on mortgage.

I havent filled that form in yet. You have to pay?

[renegadeimp]

Those penalty charges could be reclaimed.

[goodyear]

Those penalty charges could be reclaimed.

 

How?

As i have been in arrears before and cleared them. And there was charges on them.

[Ell-enn]

Hi Ell-en

 

My arrears are £989.20 I have 15 years left on mortgage.

I havent filled that form in yet. You have to pay?

 

 

Hi, no you don't have to pay to put your defence form in.

[goodyear]

Hi, no you don't have to pay to put your defence form in.

I thought you did. Must be thinking of something else.

If you can help me it be much appreciated.

[Ell-enn]

You're probably thinking of the N244 application to court to get a hearing to stop eviction.

 

 

Is the property in joint names?

Are there children living in the property ?

How much can you afford to pay towards the arrears each month in addition to the normal monthly payment?

What was the reason for the arrears?

 

 

If you complete the affixed budget sheet (it calculates automatically) it will show you how much you have left over to pay towards the arrears

[goodyear]

Hi

 

I have a 6 year old in the property.

I suffered from depression and was on and off work for a while, My sister was supposed to be looking after finances, i didnt realise the mortgage was not getting paid. As she thought it was a direct debit and I pay this as a bank transfer on the last day of the month. My ex partner is now paying more maintenance to help me with my situation, and until I find a better paid job.

Do you need a copy of my budget sheet?

[Ell-enn]

I can look over your budget sheet to make sure it's OK if you like ? you can send it to me at Ell-enn@consumeractiongroup.co.uk (there is no space between the c and o, the site just shows it like that). Let me know when you have sent it so I can look out for it.

[goodyear]

Thank you Email Sent.

 

Just checked letter from Solicitors and it says

 

We have been instructed by Preferred Mortgages to Issue court proceedings for possession of your mortgaged property. You will be informed of date. (which is 8th July)

 

........ This isnt an eviction notice is it

[Ell-enn]

Sorry for delay - we had a cracking thunderstorm here and electricity was off for a couple of hours. It's not an eviction notice you've received - if you haven't already got court documents you will get a claim for possession from your local court this will include and N11M defence form. You will have to attend the hearing, and it's likely the judge will order a suspended possession dependant on your paying the normal monthly payment and an amount towards the arrears - you need to fill in the defence form and take it to court 14 days before the hearing - we can help you complete the forms and write a statement to go with Q.27 of the form.

 

 

Is the mortgage in joint names?

[goodyear]

Thank you.

No mortgage is in my name only.

Can the judge raise an eviction notice if I attend

[goodyear]

Sorry for delay - we had a cracking thunderstorm here and electricity was off for a couple of hours. It's not an eviction notice you've received - if you haven't already got court documents you will get a claim for possession from your local court this will include and N11M defence form. You will have to attend the hearing, and it's likely the judge will order a suspended possession dependant on your paying the normal monthly payment and an amount towards the arrears - you need to fill in the defence form and take it to court 14 days before the hearing - we can help you complete the forms and write a statement to go with Q.27 of the form.

 

 

Is the mortgage in joint names?

 

Please help me with the forms. Thanks.

I will get to court on Wednesday.

[Ell-enn]

Hi, will get back to you later this evening when I get home.

 

I have replied to your email

[goodyear]

Can I download the form N11M?

[Ell-enn]

Have you not received the court papers containing the N11M in the post yet?

[goodyear]

Have you not received the court papers containing the N11M in the post yet?

 

No, I go the letters on Friday from Solicitors and one from the Mortgage company today

[Lea_HTH]

Please make sure that you attend the hearing. If you can show the court that you can meet the mortgage payment plus a little extra on top towards the arrears the likelihood will be that you will be granted a 'suspended possession order'. This means that you'll be able to keep the property - so long as you can meet the arrangement. The court should allow you to pay the arrears over a long time, this could be several years. In fact, an important court case called 'Cheltenham & Gloucester v Norgan' has reinforced the fact that you *could* pay the arrears off over the whole remainder of the mortgage term.

 

A suspended order for arrears of less than £1k. No offence, but the above is poor advice. (Okay, not 'poor', just not the best in the OP's particular circumstances.)

 

OP stated quite clearly that she had made an offer, which was accepted until they did another I&E and felt she had £300 disposable income. It was their error, she has not, she has £120, which, with two children she will need to buy any incidentals and extras - like shoes!

 

OP actually needs to file her defence and include the statement that she made an offer, and on their error the mortgagee thought she had more money than she in fact does and have taken her to court on this basis. Due to that, she will be asking the court to dismiss the claim and request that the judge orders that no costs be added to the account or the security (important to get the judge to state both), as the possession proceedings were based on incorrect information and a resolution was still actively being sought (pre action protocol and MCOBs are important here - repossession is supposed to be a last resort, and the mortgagee is supposed to consider any reasonable offer from the mortgagor and give reasons for rejecting it).

 

OP, if the judge doesn't go with the dismissal request, then you request an adjournment on terms and ask that costs are not added according to the same criteria above.