Natwest Possession Hearing

[Ell-enn]

Hi - I'm sure we can help you with this.  Firstly, how many years are left on the mortgage ?

[Ell-enn]

Thanks for that info.  The reason I asked is because there is case law (Cheltenham & Gloucester v Norgan) which is a precedent for asking the court to consider payment of the arrears to be spread over the remaining term of the mortgage in order to make repayment affordable (although spreading over 22 years may be asking a bit too much of the court)  you can also use s.36 of the Administration of Justice Act 1970.

How much could you comfortably afford to pay towards the arrears each month in addition to the normal monthly payment ?   for example £150 towards arrears would clear them in around 11 years,  £200 would be around 8 years.

I can help you with a defence statement for the court hearing if you need me to ?

[Ell-enn]

OK,   have you received an N11M defence form  in the court documents you received ? (I will give you instructions for filling it in).

Could you please answer the following questions so I can start to draft the defence statement:

Is the mortgage in joint names ?

Are there any children living in the property?

What was the reason for the arrears?

Are you able to work with Word documents?  and have a printer?

What is the date of the hearing?  and are you able to physically take documents to the court ?

I will come back to you tomorrow when I have all the above info  if that's OK ?

 

[Ell-enn]

I'm surprised there was no defence form included - can you please describe the documents you received

[Ell-enn]

Thanks for the info - it makes sense now.  As there is no N11M   we will submit a defence with a financial statement.  I have affixed the budget sheet we use in these situations,  it calculates automatically as you fill it in.    Make sure you put your name(s) and the case number at the top (case number will be on court documents).  

If possible you should print out proof of all monthly payments being made from Jan this year.

Do you have anything in writing from the lender stating they want the arrears paid back quickly it would be good to have a copy of that to show the judge.

 

Budget Sheet - CAG use.xls

[Ell-enn]

Hi,

I will start to draft a defence statement and get it to you asap.   I think you should definitely take the statement to the court on Monday just in case Natwest drag their heels and don't cancel - no point in waiting to see what they do, at least you will have lodged your defence and the court will send a copy to them - that might make them have a re-think.

[Ell-enn]

Hi,  affixed is your statement for court - you need to fill in the boxes at the top (the info will be on court letter).

On the budget sheet and your list of payments since January make sure you write your names and Case number at the top of those documents.

Print out the statement (set printer for A4 not letter size) and make sure it all stays on one page  - then sign and date.

Affix the budget sheet and payment list to the statement securely before handing in to the court office (take a copy of it all for yourselves so you have one to refer to in the hearing).

When you hand it in to the court ask if there are any duty legals there on the day of your hearing - if so you should get to the court a little early and approach them to ask for their assistance - they can accompany you into the hearing and give support to your case.

Any questions just shout

Roland60 statement.doc

[Ell-enn]

Great - don't forget to keep us updated.  If by any chance Natwest say they will cancel the hearing, you should ring the court to confirm as lenders have a bad habit of "forgetting" to follow it through and if you didn't turn up at the hearing they would get a possession order by default - I'm afraid you just can't trust them

[Ell-enn]

Did you take the statement to the court ?

[Ell-enn]

Yes, take your statement to the court or email it

[Ell-enn]

Sorry - I was away yesterday and didn't see your post.   Did you send the statement to the court?