Halifax Mortgage arrears and pending repossession ** Urgent **

[Ell-enn]

JJ, read over your statement that was sent in to the court - you can see that all your issues are covered there, including why the arrears arose. The judge will have read that defence statement before the hearing so will know all the background.

 

I understand your desire to contradict and bring issues to the fore but please don't be tempted to interrupt the judge or try to argue against what the other side say. Wait until the judge speaks to you, he/she will understand that you wish to have your say, but be guided by the judge.

 

Ell

[jj69]

JJ, read over your statement that was sent in to the court - you can see that all your issues are covered there, including why the arrears arose. The judge will have read that defence statement before the hearing so will know all the background.

 

I understand your desire to contradict and bring issues to the fore but please don't be tempted to interrupt the judge or try to argue against what the other side say. Wait until the judge speaks to you, he/she will understand that you wish to have your say, but be guided by the judge.

 

Ell

 

So I guess there is no point in going over old ground

[Ell-enn]

The main thing is to stay on the right side of the judge - you have the right information in your defence and there is no way the lender will get possession.

 

Make sure you have your copy of the N11M with the Q27 statement in case you need to refer to it.

 

I'm sure it will all be fine, just stay calm and let the judge guide you through the process There will be 20 or more cases just like yours being held at the same court tomorrow which is why the hearings are short and to the point. If there is free legal representation at the court, let them do the talking.

 

Ell

[jj69]

The main thing is to stay on the right side of the judge - you have the right information in your defence and there is no way the lender will get possession.

 

Make sure you have your copy of the N11M with the Q27 statement in case you need to refer to it.

 

I'm sure it will all be fine, just stay calm and let the judge guide you through the process There will be 20 or more cases just like yours being held at the same court tomorrow which is why the hearings are short and to the point. If there is free legal representation at the court, let them do the talking.

 

Ell

 

Ell-enn I am armed and ready

Got all my documents in order,know what I need to say (in a calm manner) and know I will not be losing my house today !!

Thanks for the last min advice ( nearly forgot the N11 form )

Case at 10.30am so let you all know the outcome later this morning.

Speak to you all soon....

[jj69]

Well good news in a way

[jj69]

whoops..submitted it too fast there...

** Result ** :D

 

Got a suspended order on house but judge did say due to the nominal amount of £50 it would take 15 years to clear the arrears therefore one missed payment and 28 day repossession notice which is not brilliant but better than a repossed house therfore first payment on pay day to the mortgage...

Did not see the Halifax solicitor until we were going into the judges office,but did see a legal rep from the court who sat me down and quickly went through my paperwork,showed her what I had been paying and also the agreement from Walker Morris about going for suspended.She checked with Judge and their solicitor five mins later to tell me that everything was agreed on that from all parties and to go back to waiting room so at least I knew house was safe for now.

After a further 15 mins in we all go by this time I am feeling a tad nervous and the fact I was a lone man surrounded by three legal savvy females did not help anyway the judge asked their solicitor if suspended ok,the judge asked the court legal rep if ok and basically said off you tot and pay your mortgage,did not even have to speak.

The young legal rep from the court was excellent and she just said well done pay the mortage although I have to pay the 5th of every month I will be paying at the end of every month so by the time the transaction went through it could show as one month behind but this would be ok as long as I kept paying (will keep my eye on that)

Right off to ring Halifax and try to get these arrears added onto mortgage.

 

Once again thanks Ell-enn and Sleepingdog,without your prior information I would have waltzed in their blind and thank god I had all the right paperwork otherwise without proof the judge could have made an order for possession just like that,it's scary to think with one persons judgement your main asset could be taken away.

I was also pleased I made a token payment of £20 in mid March besides my contractual + 50 as the court legal rep pointed this out and the judge commented that it would be paid off quicker (obviously) if I made random payments onto the account so this certainly helped.

 

Time to move on to those other debts !!

 

Oh if anybody else wants advice on being at the court just post a comment I would be happy to help...

[Ell-enn]

Great stuff!! told you you'd be OK

(and also that you wouldn't get a chance to say much lol)

 

Well done!

 

Ellx

[jj69]

Great stuff!! told you you'd be OK

(and also that you wouldn't get a chance to say much lol)

 

Well done!

 

Ellx

 

I didn't doubt your information for a moment...you can have some well earned peace now and thanks once again...

[Ell-enn]

You're very welcome - glad to have been able to help

[sleepingdog]

Hi jj69 ,good news , hopefully Halifax will add the arrears to mortgage after 6 full payments and then you should be able to negotiate new mortgage deal if required.

sleepingdog

[jj69]

Hi jj69 ,good news , hopefully Halifax will add the arrears to mortgage after 6 full payments and then you should be able to negotiate new mortgage deal if required.

sleepingdog

 

Spoke to legal team today and mentioned that,they said yes it could be possible and would have to be moved to a new dept but only on the basis of six clear payments.

Paid tomorrow and am waiting for it to hit my bank then I can call Halifax straight away to make payment...then only 2 months to go..

 

Thanks for all your advice Sleepingdog and you have my admiration going through that court procedure..you were in a less fortunate postition than me and I was so nervous near the end glad it was over within five mins.

[jj69]

Well another contractual payment today + 50 so only May then June to go ...

[jj69]

You're very welcome - glad to have been able to help

 

Hi Ell-enn...

How have you been...?

I still have the house and ongoing payments...

I noticed your comments in the DCA legal threads and was wondering if you could offer some advice about defending a CCJ in court.

I need to have my defence in by the 29th at the latest (well cut off date is 1st of June).

[Gram1]

Hi Ell-enn...

How have you been...?

I still have the house and ongoing payments...

I noticed your comments in the DCA legal threads and was wondering if you could offer some advice about defending a CCJ in court.

I need to have my defence in by the 29th at the latest (well cut off date is 1st of June).

 

Hi

 

Just wondered how things worked out in teeh end with the arrears and putting back into mortgage, and whether you had any joy with changing your product to interest only?

[jj69]

Hi

 

Just wondered how things worked out in teeh end with the arrears and putting back into mortgage, and whether you had any joy with changing your product to interest only?

 

 

Hi there....

As it stands the mortgage arrears were incorporated back into the actual mortgage after I made my seventh monthly payment and therefore no arrears now just the actual outstanding balance.

I got moved to interest only in Nov 2009 and that halved my mortgage payments so I can afford to pay this each month..in fact I setup a new account with Halifax so they apply for the payment each month for up to seven days that way it can never be a late or missed payment because when the funds hit the bank the end of each month it will normally gets picked up one or two days after.

The downside is I am not paying off my mortgage but I plan to only stick with interest only until the end of the year 2010 while I pay off other crap I have outstanding.Not sure what other products are available but will see when going back to halifax.

I kept rining the mortgage arrears dept every month on a update of my arrears and after the six monthly payment they told me that I could have the arrears incorporated in fact it was done after that payment so when I called that month they confirmed over phone no arrears on account now !!

For the change of mortgage basically I went into my local brance explained the situation their mortgage advisor said it should be ok but would not happen until the following month then recived a letter about a week later telling me what balance was and how much new monthly payment would be.

As much as I hate banks Halifax were a lot more responsive then some of the companies who have been named on here and I generally feel sorry for those who have had issues using sub prime lenders for thier mortgages..

Anything else give me a shout would be happy to assist..

[Gram1]

thanks very much for the update

[jj69]

thanks very much for the update

 

 

No problems..if you have any issues give me a shout or others on here will be most helpful too..I would have lost my house if it was not for this site..

[Gram1]

No problems..if you have any issues give me a shout or others on here will be most helpful too..I would have lost my house if it was not for this site..

 

Thanks.

 

Things hopefully seem ok for me now. got a phonecall on Monday from them as the latest of many arrangements had failed and they basically said it would now be passed to legal unless i could pay the missed installment there and then (which i couldnt). current payment was contractual plus approx £50 each month. I asked them to put it on hold till today as we were getting funds that we could use to pay it today - they said they couldnt guarantee anything.

 

phoned back today to pay the installment and have been put back on the same arrangement for next 6 months at which point they will capitalise the arrears. should be able to stick to this, so thankfully everything seems ok. they confimred that if we stuck to arrangement nothing furhter would be done with legal which is a relief.

 

once the 6 months are paid and capitlaisation done i will try to then move on to a interest only for a while (maybe just 6-12 months) to get a bit of breathing space. not sure how much difference that would make to the monthly payment, but hopefully a bit.

[jj69]

Thanks.

 

Things hopefully seem ok for me now. got a phonecall on Monday from them as the latest of many arrangements had failed and they basically said it would now be passed to legal unless i could pay the missed installment there and then (which i couldnt). current payment was contractual plus approx £50 each month. I asked them to put it on hold till today as we were getting funds that we could use to pay it today - they said they couldnt guarantee anything.

 

phoned back today to pay the installment and have been put back on the same arrangement for next 6 months at which point they will capitalise the arrears. should be able to stick to this, so thankfully everything seems ok. they confimred that if we stuck to arrangement nothing furhter would be done with legal which is a relief.

 

once the 6 months are paid and capitlaisation done i will try to then move on to a interest only for a while (maybe just 6-12 months) to get a bit of breathing space. not sure how much difference that would make to the monthly payment, but hopefully a bit.

 

Thats great news to hear I was in exact situation so I really understand what you are going through..Halifax were a bit hard ass with the legal dept but then I did break prev payment plans as well I guess they were trying to cover themselves but to but honest they never wanted to reposess just ensured I could afford to pay..

My payments went from £900 to £800 to £760 as the base rate kept coming down then switched to interest only which is currently £403 on a £141000 mortgage if thats any help..

It was a lifeline for me by switching and I have got back on track to a point..my only advice which Im sure you know only too well is just keep paying the mortgage and tell the DCA's to sod off (if you have any that is) after going through legal and court my house is my No1 priority now..

You are doing the sensible thing by the looks of it and belive me six months flies past after I made the six month payment it was like a massive milestone and so pleased.

You may want to talk to the legal dept or mortgage area on the fifth month after payment I did ,only to make them aware I wanted to change product which they agreed was fine after six month payment..that way they can update the system with your call details and you know where you stand then..

[jj69]

Thanks.

 

Things hopefully seem ok for me now. got a phonecall on Monday from them as the latest of many arrangements had failed and they basically said it would now be passed to legal unless i could pay the missed installment there and then (which i couldnt). current payment was contractual plus approx £50 each month. I asked them to put it on hold till today as we were getting funds that we could use to pay it today - they said they couldnt guarantee anything.

 

phoned back today to pay the installment and have been put back on the same arrangement for next 6 months at which point they will capitalise the arrears. should be able to stick to this, so thankfully everything seems ok. they confimred that if we stuck to arrangement nothing furhter would be done with legal which is a relief.

 

once the 6 months are paid and capitlaisation done i will try to then move on to a interest only for a while (maybe just 6-12 months) to get a bit of breathing space. not sure how much difference that would make to the monthly payment, but hopefully a bit.

 

The other thing is try to keep things in writing or note peoples names when talking to them on the phone..don't won't to worry you unesscessarily but when legal are involved I found after they decided on court action there was no going back luckily I had a number of letters offering various payment offers while I still kept paying the contractual amount as agreed..it helped when faced with court so bear these things in mind...any advice on the legal/court side of things let me know.

[jj69]

Anybody with a knowledge of PPI calculations please help with the following -

3x loans with Halifax 2002-2003 all paid off now - one loan paid off , second loan taken out and increased a few months later to form third loan.

See scan 1 which is the PPI letter calculating the refunds after speaking to Halifax cust svcs..the other two scans are what Halifax have calculated leaving the refund short of £1800 of what I was expecting.Are these guys trying to rip me off with the calculations ?

[jj69]

ok stuggling here..how do I now add attachments in this new forum ?

[rebel11]

Hi jj69

 

I basically scan the document, then upload it to a third party hosting site, there are lots of free hosting sites. Then post the link on your thread.

 

Make sure you remove all personal details.

[jj69]

Yeh never thought of that..thanks will give that a try

[lord_tiger_putin]

Anybody with a knowledge of PPI calculations please help with the following -

3x loans with Halifax 2002-2003 all paid off now - one loan paid off , second loan taken out and increased a few months later to form third loan.

See scan 1 which is the PPI letter calculating the refunds after speaking to Halifax cust svcs..the other two scans are what Halifax have calculated leaving the refund short of £1800 of what I was expecting.Are these guys trying to rip me off with the calculations ?

 

 

I assume a Rip-Off it will be!! I am having a fight with them at the moment.

 

They refunded the premiums and a laughable amount of interest, it seems to be their policy.

 

They have to explain how they calculated the interest according to the FOS.

 

I succeeded in getting them to refund the over limit charges and the CORRECT interest on that and this also prove their PPI interest is wrong.

 

I created this thread on what they should do in a proper redress:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?283603-Ensure-you-get-a-proper-account-redress-after-a-PPI-refund-including-over-limit-charges

 

In this thread I uploaded a spreadsheet which one can use to calculate the redress:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?88004-PPI-Successes/page13&p=3194377#post3194377

 

 

I have some good experience in calculating the correct redress, let me know if you need help!