Halifax Mortgage arrears and pending repossession ** Urgent **

[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

[jj69]

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

 

 

great stuff im convinced now...

Just two other factors..even though my wife and I are seperated my son still visits and stops over , but also my employer is a government backed finance company (two depts in the scottish parliment and one in westminster) therefore my job is quite safe but obviously if I was to lose my home this would reflect badly with my employer working in finance so is are these relevant in case I need to put a defence together.

[sleepingdog]

Hi jj69 .Firstly make any offers in writing, I did not and therefore had no proof. I started off at contracual then + £40, +£50,+£100 all was not enough according to the solicitors (15000 arrears) but if I had gone back to court I'm sure the judge would have been ok with + £40. In the court papers it was stated I had made failed promises and the statements did look aweful. At the end of the day I believe that Halifax were just happy that I was able to pay the contractual as they probably did not want to repossess property. Since my mortgage problems Halifax have been very helpful as I am sure they will be to you once you are regularly paying contractual payments. Just wish other creditors were as helpful.

sleepingdog

[jj69]

Hi jj69 .Firstly make any offers in writing, I did not and therefore had no proof. I started off at contracual then + £40, +£50,+£100 all was not enough according to the solicitors (15000 arrears) but if I had gone back to court I'm sure the judge would have been ok with + £40. In the court papers it was stated I had made failed promises and the statements did look aweful. At the end of the day I believe that Halifax were just happy that I was able to pay the contractual as they probably did not want to repossess property. Since my mortgage problems Halifax have been very helpful as I am sure they will be to you once you are regularly paying contractual payments. Just wish other creditors were as helpful.

sleepingdog

 

Thanks for the info..

How long did the whole process take including the offers to the solicitors ?

Did you make the offer to the legal dept behind the back of the solicitors ? I only ask as speaking to the legal dept today they seemed not to want to budge on the court action so not sure if they would except a payment plan at this stage or later...

I have my statments from last year to prove that I have been contributing something to the mortgage and at least a few payments were for the full amount..did your statement show these payments ?

 

If Ell-enn is right I may have about 3 months in which time I would have made 3 contractual payments plus an extra £40 on each so this can only help..

[sleepingdog]

Hi jj69 ,I will try to find paperwork tonight which will give accuate timescale and post tommorrow. Once in court judge gave me further 60 days to come to arrangement and stated that if I was having problems coming to agreement with halifax to go back to her. The reason that halifax probably will go for court action in your case is that if they get suspended possesion order it is valid for 6 years so if you come to agreement after the court order and fail the agreement some time later they would have already started part of the possesion process. Remember though that if I was told that if I did get in financial trouble say 12 months after agreement they have told me that they would start back at begining of the arrears process and only if it got as far as court action would they benefit from already having suspended p[ossesion order. Also the statments that Halifax sent me as part of the court paperwork showed ALL payments made and ALL payments missing .I was at the time of the hearing self employed and had already guessed that being in standard employment would allow me to show that I could meet repayments therefore I applied for many jobs before the hearing and had a few job offers to show the judge. I'm sure that Ell-enn is right and I would always take her advice.I have followed many posts that she has offered advice on and consider her knowledge and input to be outstanding .

[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

[jj69]

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

 

 

Thanks again everybody who has posted here...I am now more positive and determined to keep up these payments towards the mortgage.

Ell-enn the quote about those in a worse situation has put my mind at rest once and for all.

I have also filled at my repayment sheet for the Halifax and this will get posted pronto...I am going to keep a record of docs sent and responses.

 

Thanks all....

[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

[jj69]

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

 

Ok as a slight offshoot of this topic I know I have a lot of charges dating back on this account.

Is now the time to request a SAR or sit tight and request it later down the line ?

[sleepingdog]

Hi jj69, I have looked at my paperwork and found I had a letter from Halifax first week in July stating that they were now starting legal action, followed by a court claims form 3rd week in July then court case 2nd week of August. Things happened quickly , no wonder that I had forgotten how quick.

[jj69]

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

 

 

Hi Ell-enn...

When you have a spare moment can you check the attached income form.

I belive it covers my expenses as honestly as possible.

One thing I have a secured loan which is £290 a month with no outstanding arrears.I have placed this under column B as other 1 at the bottom.

Is this correct ? I have also added the outstanding amount of the loan in step 4 , so is this correct as well ?

Thanks..

Budget Sheet.xls

[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

[jj69]

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

 

 

Hi Ell-enn...thanks for the advice on this..I already have a draft letter ready to go stating my offer plus arreas.

Just a quick note would Halifax solictors have anymore ammunition because of the secured loan do you know ?

[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

[jj69]

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

 

No it is with Picture Finance..as stated up to date with no arrears and I can afford to pay this as well as mortgage..

[Ell-enn]

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

[jj69]

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

 

That's all I need to know...well I have sent the letter recorded so here's hoping they agree to it...

Should I expect a reply or give them a few days then contact them back ?

[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 .

[jj69]

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 .

 

Many thanks Ell-enn...will give you some peace now....

[jj69]

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 .

 

Hi Ell-enn....

 

Well I got a letter back declining the payment proposal,basically went along the lines of I refer to our recent telephone call you have had chances before, last chance was Sep 08 etc etc...you have failed a number of payment arrangements in the past as discussed and failed to comply with these arrangements.

Should we not recieve payment within five days ( does not say what payment and no arreas amount on the letter ,but I assume the £7000 arrears) legal action will be considered as stated in our letter 09/01/2009.

Coincidentally I have had another letter in the meantime staing my current rate has decreased and my new payments from March are £800 per month ?? So they acknowledge my new payment in March ??

Should I sent another proposal ? In the meantime I intend to make my next contractual payment the end of Feb which will make two clear payments.

What I can't understand is if Halifax are willing to reduce my rate why the hell not move me onto a interest only mortgage for a year ??

[jj69]

Hi jj69 .Firstly make any offers in writing, I did not and therefore had no proof. I started off at contracual then + £40, +£50,+£100 all was not enough according to the solicitors (15000 arrears) but if I had gone back to court I'm sure the judge would have been ok with + £40. In the court papers it was stated I had made failed promises and the statements did look aweful. At the end of the day I believe that Halifax were just happy that I was able to pay the contractual as they probably did not want to repossess property. Since my mortgage problems Halifax have been very helpful as I am sure they will be to you once you are regularly paying contractual payments. Just wish other creditors were as helpful.

sleepingdog

 

Hi Sleepingdog

 

Well I got a letter back declining the payment proposal,basically went along the lines of I refer to our recent telephone call you have had chances before, last chance was Sep 08 etc etc...you have failed a number of payment arrangements in the past as discussed and failed to comply with these arrangements.

Should we not recieve payment within five days ( does not say what payment and no arreas amount on the letter ,but I assume the £7000 arrears) legal action will be considered as stated in our letter 09/01/2009.

Coincidentally I have had another letter in the meantime staing my current rate has decreased and my new payments from March are £800 per month ??

Did you get a similar thing from Halifax...?

[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

[jj69]

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

 

Thanks Ell-enn...that's what I was sort of planning to do...keep paying what I am now only I will pay more towards the arrears due to the reduced motgage amount...

Not sure where I stand in terms of agreements but previously Halifax add arrears into mortgage after six months...seeing as I am two months in with payments that would still be a benefit but I bet that if they agree to this it will be from that new starting date...

Do you know if a Judge would recommend Halifax switch a customer to a better product ?

[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

[jj69]

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

 

ok better sit tight and see what they send out next....thanks...