Mortgage company are trying to get possession of my home by the court.

[sequenci]

The statement with the N244 did mention the Norgen case and also the charges

 

[Fielder]

Thanks for your support sequenci, hopefully it will be ok. But it is still a worry.

 

I went to the money advice and the person rewrote the statement, just checked and he omitted the Norgen case!

Shall I add it to the case on Friday? Or, do it before?

 

Just proves always check....

[Ell-enn]

So they rewrote the statement I drafted for you???? why would they do that!

[Fielder]

I don't know, yours was precise and to the point. He's done a laborious over explanatory statement, about three pages long too!

 

I shouldn't have let him, but I felt obliged and thought he knew what he was doing.

[Ell-enn]

At three pages long the judge isn't likely to read it all, statements should, whenever possible, be kept to one page and attach any other documents relevant. Which one did you take to the court?

[Fielder]

Regrettably I took his. I would like to go to the court on Monday morning and try to change the statement to the original one.

Do you think they will let me?

Also, he didn't mention the charges and the fact of the interest being added to them.

[Ell-enn]

Why on earth did you take a statement which left out the question of charges and interest when that is so important to you?

[Fielder]

I suppose I thought I could deal with them later.

 

I feel really stupid now.

[sequenci]

Who did you go and see if you don't mind me asking?

[Fielder]

I called the local money advice service and they put me onto MACS, Money Advice and Community Service.

[citizenB]

Yes, we can see what you have done - but we are all having a very hard time understanding why ?

 

When is the hearing ? I cant see the court allowing you to change your statement - especially if it has been processed already. I guess there is no harm in trying.

[Fielder]

The hearing is on Friday 5th July.

[Ell-enn]

It worries me that someone who is giving advice on defending repossession/eviction doesn't know to use the Norgan case law - it's unbelievable!

[Fielder]

Yes, I'm really upset that I let someone who didn't listen to me properly, write the statement.

But really angry with myself for not taking time to think about it and disregard his advice. I hope I haven't messed up the whole thing.

[sequenci]

I called the local money advice service and they put me onto MACS, Money Advice and Community Service.

 

Well they are a legitimate organisation for sure, I'm a little puzzled why they felt they wanted to write three pages, though. You could have written it in 4 lines tops.

 

Judges don't have all day BUT I'm certain you'll be OK

[Fielder]

Well they are a legitimate organisation for sure, I'm a little puzzled why they felt they wanted to write three pages, though. You could have written it in 4 lines tops.

 

Judges don't have all day BUT I'm certain you'll be OK

 

Thank you for the encouragement.

 

I have been back to the court this morning and they will add the shorter and more appropriate statement (thanks to Ell-en) to my case.

They were very helpful and I am greatly relieved it was possible.

I am very lucky to be getting the support from the site team.

Thank you

[sequenci]

Best of luck

[Ell-enn]

Hi, good to hear the court were helpful. Did you remove the other statement ?

 

As Sequenci says, I'm sure you will be OK. Judges don't take people's homes away when they can show they are able to pay towards the arrears.

[Fielder]

Hi, thanks. The court were really helpful and they said that they would add the statement to the pack.

Hopefully the judge will see the better statement and concentrate on that.

 

The money advice man called me today and said that the mortgage company are opposing the application. He has really worried me, he thinks I have very little chance of it being suspended.

Edited July 3, 2013 by Fielder

[Ell-enn]

And how does he know they are opposing the application ?? The lender will send someone from a local solicitor's firm who will be instructed to tell the judge they want possession - however, the judge won't take any notice of their request as he will hear it every day - the decision is his not theirs. If you can show you have the means to pay towards the arrears each month then I'm sure you will be OK.

 

Are you saying you left both statements with the court? didn't you remove the other one?

[Fielder]

I assume that the mortgage company, by going to court, have passed responsibility for my mortgage to the court. For the court to make the decision whether or not I can pay.

And hopefully that will work in my favour and the court will see that I can afford to.

 

I did ask them to replace the statement, the man at the court desk said that he would add it (I don't think he was clear as to what would happen) and fax a copy to the lender.

[Fielder]

Just got back from the court and the judge has suspended the possession order for three months.

 

 

Giving me time to prove that I can make the payments and something towards the arrears.

 

The judge was more sympathetic towards the lender than me and I very nearly lost my home.

It was only due to an excellent duty solicitor, who argued my case really well that I am still here.

 

What a horrible experience, my blood ran cold when I thought I was going to lose my home.

 

So, onwards.

I will make payments on time and in full, and fingers crossed I can find a way to pay off the remaining arrears before the three months are up.

 

Thanks, for all the help and encouragement I have had from this forum. And especially Ell-enn.

[Ell-enn]

That's great news - well done:) eally glad to hear you had a duty solicitor, they can be invaluable and unfortunately not all courts have their services. Why was it suspended for three months, is that how long you said it would take you to clear the arrears?

[Fielder]

No, not to clear the arrears to show the court that I can make the payments on time.

 

The mortgage company solicitor said that there was no proof of my income.

 

Because the mortgage is in my name only, then husband's income should not be included.

 

Also, as it was the second hearing for a suspended possession order, it looks like I cannot afford to pay.

 

Even though I have paid without fail for three years, until earlier this year.

 

I have to prove that I can pay and pay on time over the next three months, then it will be heard again.

 

And a decision will be made whether or not to suspend.

 

Sorry, not making myself very clear.

 

I am going to try to pay all the arrears, not just a monthly payment towards clearing the arrears.

[Ell-enn]

OK, understand now