Halifax Mortgage arrears and pending repossession ** Urgent **

[Ell-enn]

Hi there, if you have an income and can make the contractual monthly payments plus an amount towards the arrears each month, then no judge will order possession.

 

You need to write to the Halifax outlining your proposal for clearing the arrears (including a budget sheet) and asking for their acceptance in writing. Also point out the new mortgage pre-action protocols. The letter needs to be sent by recorded delivery.

 

If you need any help with the letter and budget sheet let me know.

 

Ell-enn

[Ell-enn]

I would definitely recomment putting any payment proposal in writing accompanied by a budget sheet to reinforce it. The trouble with telephone conversations (and verbal agreements) is that you can never prove what was said. If you put your proposal in writing they have to respond in writing and that is the safest way.

 

I have affixed the budget sheet we use, remember when filling it in that the amount you want to offer each month towards the arrears (on top of the normal payment) is the amount left over after everything else has been paid.

 

You should mention in the letter the Civil Justice Council mortgage pre-action protocols. If you would like me to draft a letter please let me know.

 

Kind Regards

 

Ell-enn

Budget Sheet.xls

[Ell-enn]

Hi, on the budget planner you should only show the amount being left over as the amount you want to pay towards the arrears each month. You may need to increase the amounts you have put down for utility bills (as they have increased a lot over the last six months) and food etc.

 

I will draft a letter later this afternoon and post on here for you.

 

Ell-enn

[Ell-enn]

Hi there, affixed is the letter to send with the budget sheet. You should sent it by recorded delivery and keep a copy of both the letter and budget sheet together with the receipt for posting. Check on the Royalmail website in a few days to print off the signature receipt. Keep all together safely.

 

Any questions, just shout.

 

Ell-en

JJ69 Letter.doc

[Ell-enn]

Hi there, if they pass your account to their solicitors they will issue a claim for possession in your local county court. The date for the possession hearing is usually about 6 - 8 weeks from the date of issue. So - if they issue a claim at end of January it will more than likely be middle to end of March for a hearing date. This gives you time to prove you can make consistant payments, and can easily be defended.

 

As long as you have an income and can show the judge you are able to maintain payments towards the arrears each month in addition to the normal monthly payment you will be OK. In your circumstances, there is no way a judge would give possession at the first hearing.

 

Hope this sets your mind at rest a bit - if you do get a claim form please let us know as it is important to put forward a credible defence.

 

Kind Regards

 

Ell-enn

[Ell-enn]

Hi, to be honest with you - if it does get to a court hearing, there isn't much conversation! the hearings last 5 - 10 minutes maximum and the judge will have read your defence and their claim before the hearing. There may be the occasional confirmation of a point, but that is all. There is no courtroom drama - the hearings are held in a private room with just the jusge, yourself and the representative from the other side (who is probably doing another half dozen similar cases that day).

 

So it is important to keep making payments in the meantime and if the claim arrives we will write up a good defence, don't worry - you will not lose your home at a first hearing, honestly.

 

Ell-enn

[Ell-enn]

JJ you are in a very strong position - no need to worry about the defence at the moment - we can deal with that when (if) need be. Of course your stable employment is another Plus in the defence. Try not to worry too much - your situation is nowhere near as bad as some I have been involved with, and they all kept their homes:)

 

Just keep making payments - whatever happens we can deal with it.

 

Ell-enn

[Ell-enn]

JJ you should read through some of the older repossession threads in this Forum and you will see how others, in much worse situations, have defended repossession and won. You really are in a retrievable situation:)

 

Stay positive and we will just deal with things as they arise.

 

Ell-enn

[Ell-enn]

Hi there, you need to change the tiltle in the box from "Other 1" to Secured Loan and also you don't need to put the balance of the loan in Step 4 as there are no arrears.

 

Do you want me to draft a letter to go with the budget sheet? best to get it to them asap so they may not instigate proceedings.

 

Ell-enn

[Ell-enn]

Is the secured loan with Halifax?

 

Keep your letter simple and to the point - and remind them you are aware of the Pre-action Protocols.

 

Remember to send recorded delivery & check on the Royalmail website in a few days to print of signature receipt. Keep safe with a copy of the letter and budget sheet (you need to put your name and mortgage account number on the top of the budget sheet).

 

 

Ell-enn

[Ell-enn]

OK, well the secured loan has nothing to do with them and will give them no leverage whatsoever

[Ell-enn]

Just wait for their reply - you will probably have to give them about a week! Resist the temptation to ring them - what is said in telephone conversations cannot be proved, unless of course you are recording the call .

[Ell-enn]

Hi there, I should make your next payment in February and then see what happens after that. If a possession claim arrives we will defend citing the fact that you wrote to them with a proposal and they declined it.

 

It is unlikely that there would be a hearing before your new payment amount is due in March and as it has decreased you could offer the same amount as you are paying now with the difference between the old and new payments being paid to wards the arrears.

 

Ell

[Ell-enn]

Hi, unfortunately judges cannot change any of the contractual terms of the mortgage, and while they could make a suggestion, the lender is not bound to follow it through. All the judge can do is look at how feasible the proposal for payment of the arrears is, and then make an order accordingly.

 

Ell-enn

[Ell-enn]

Hi there, to be honest I think you should keep making your payments and see what they do next. You have written with an offer of payment, they have refused it in writing. If it does go to court, that won't look good on them - however, your regular payment pattern will reinforce your defence.

 

If the court papers arrive, we'll deal with them.

 

Ell-enn

[Ell-enn]

We will certainly put that in your defence statement.

[Ell-enn]

J, I'm sure you will be OK. If they do continue with court action, as you say you will have made 4 payments - that will stand you in good stead. Also, it's very very unlikely that a judge would give possession at the first time of asking especially as you now have a job and can prove you are able to make payments towards the arrears.

 

As for the representative for the other side painting you in a bad light - they won't get the chance - the whole hearing will take only 5 minutes and the judge speaks most of that.

 

Stay positive - it will be OK.

 

Ell

[Ell-enn]

Definitely keep the bank statements showing payment - take photocopies and use a highlighter pen to show up the payments to Halifax. Also use a black marker pen to strike through all the other names on the bank statements so no-one knows who else you're paying;). If you are on internet banking you can do a search of payments on a certain date and then just print off that one transaction.

 

Ell

[Ell-enn]

They're TEXTING you ?? !!! Sounds a bit funny to me - obviously be careful when you do ring them, just in case it's not kosher....

[Ell-enn]

.My only issue was they may only class the six payments as starting from the court order which I shall dispute seeing as they should be from Jan this year.

 

It should be six consecutive payments JJ

[Ell-enn]

Hi there, you should get some papers from the court confirming what date the hearing will be... among those papers will be an N11M defence form. Q.27 of that form is the most important part and I can help you write the statement for that.

 

It's doubtful if the date of the hearing will be any closer than mid - to end April, so we have plenty of time to prepare and to gather proof of your payments etc.

 

You should most definitely attend the hearing - that way you'll know exactly what is being said and what conditions they ask for. Lots of solicitors and mortgage companies tell people they don't need to attend and then the poor sod finds out they're got condidtions on the suspension that they wouldn't have got had they attended.

 

The hearing will be over in 5 minutes anyway - but you do need to go.

 

Ell

[Ell-enn]

They might be going for repossession - but they won't get it!! You've already offered a payment arrangement - just keep paying and see if they actually send court papers - we'll deal with that if they arrive.

 

Ell

[Ell-enn]

Hi JJ, it can be anything between 4 and 6 weeks away from the court hearing date. I would be surprised if it is sooner than that. Wait and see if the court papers arrive (sometimes they threaten the court date to scare you into paying up). We'll deal with them appropriately if they arrive.

 

Try not to worry too much - there's always something that can be done.

[Ell-enn]

That's the stuff JJ ! Stay positive

[Ell-enn]

Hi there, I assume you have received a Claim for Possession together with an N11M defence form? You have until 14 days before the hearing to submit the N11M but in reality courts will accept them up to a week before - so we have plenty of time to get a statement together for Q.27 of the defence form, and I can help you with that.