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repossession hearing today 2.30 acenden on behalf of spml. £10k!!


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OK, I'll draft a short statement for you to write down by hand. While I am doing that - gather together the proof of redundancy and proof of new job - I guess if you don't have a printer you won't have been able to fill out the budget sheet...

 

Is the mortgage in joint names ?

 

As this is the first stage repo hearing you will not lose your home today....

 

Back in a few minutes

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Hi - write the following down on a single sheet of paper (You will have to try and get it copied somewhere as you need at least two copies for the hearing).

 

 

CASE NO: (this will be on the repossession paperwork from court)

 

We arethedefendants in this matter and respectfully request the court to consider thefollowing information when hearing the above case:

l
Arrears originally arose due to both defendants being made redundant.

Despite trying to negotiate with the Claimant, they have refused to negotiate and have demanded a figure of £5,000 (which they know we cannot pay) before agreeing a payment plan.

 

However, we have both found new employment and are able to offer £27.00 per month towards the arrears in addition to the normal monthly payment, until we get back into a stable financial situation. Also, we have a pension which we can access in 7 years time which will clear the arrears completely.

 

Therefore we respectfully ask the court to take into account the case of Cheltenham andGloucester v Norgan when considering our offer of payment and also s.36 of the Administration of Justice Act 1970.

 

l
We would like to bring to the court’s attention that we cannot reconcile the arrears amount the Claimant pleads as we believe it contains arrears charges and fees and is therefore not a true reflection of the arrears situation.

l
We assure the court that we arecommitted to clearing the arrears and respectfully ask that possession is suspended in order for us to provide a stable home for our children and also to avoid the expensive and unnecessary costs which would undoubtedly arise following repossession in the current property climate.

We believe the above to be true andfactual.

 

 

Signed....................................................................................... Date............................................

 

 

Signed....................................................................................... Date............................................

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Please let mw know when you have written out the statement - I have a meeting shortly and will not be back on line till 1.30 - what time do you need to leave for the court ?

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Ellen, I think the OP said they need to leave for the court at 2.30

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I have to leave hear at 230! My head has been in the sand and ive been a mess - reality has just hit home xx

 

Yes, 2.30 pm

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Uploading documents to CAG ** Instructions **

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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what time is your hearing?

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Good luck Please let us know the outcome and ask if you need more assistance

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi, you should try to get there as early as possible and see if there is a CAB rep or free legal duty solicitor who can assist you. You need 3 copies of everything you are taking i.e. statement and poof of new jobs, redundancy etc. so make up 3 sets stapled together if you can find a print/ photocopy shop.

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Nightmare. Found 2 printers and they don't recognise the program I used! I've pictured it and will ask if I can read it out! There is nothing more I can do! I need to get home and change! Thanks guys I will let you know the outcome xx

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Good luck! :)

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Hope all went well, please do let us know.

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Im Home xx Due to me not having documents to support my defence the judge has adjourned it. I have to go back on next available date after 14 days have passed. The solicitor wasn't happy as he wanted a 56 day suspended repossession but judge refused as it would mean more costs for us. he believed I was clueless(which I am) and took pity on me. At least now I have time to prepare. Thanks for today everybody - it meant the world. Im going to try and have a stress free night tonight. Tomorrows plan of action is to get a printer and start getting organised x

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Good. Judges don't like people losing their homes. Don't leave it till the last minute!!

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Judges really won't side with mortgage companies on repossession unless there is no other option.

 

 

Get all your paperwork together especially the budget sheet and the proof of redundancy and get yourselves ready for another merry Christmas in your home.

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Im Home xx Due to me not having documents to support my defence the judge has adjourned it. I have to go back on next available date after 14 days have passed. The solicitor wasn't happy as he wanted a 56 day suspended repossession but judge refused as it would mean more costs for us. he believed I was clueless(which I am) and took pity on me. At least now I have time to prepare. Thanks for today everybody - it meant the world. Im going to try and have a stress free night tonight. Tomorrows plan of action is to get a printer and start getting organised x

 

Let me know when you're ready and I'll help if needed :)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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This is good news, at least you now have time to prepare yourself properly :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks all. Ell-enn. I'm sure by reading the letter out it really helped. I will defiantly be more prepared and ready to kick my awful mortgage company very hardly up the backside x

 

That's the spirit :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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