Natwest Possession Hearing

[roland60]

Hi there

I have a possession hearing coming up in under 10 days and I only received the notice yesterday with the postage stamp date for the day before, giving us less than 14 days to sort out a solution with our mortgage provider.

The hearing is due to the arrears accumulated during the pandemic, our monthly contractual payments are all up to date for the last 5 months all on time, no late payments and the arrears have not increased since.

I have spoken to the mortgage provider over the last 2 days and they are willing to set up an arrangement for the arrears over a maximum of 30 months only, the arrears are just over £19K and works out higher than our contractual payment itself!

I have been trying to get them to extend the repayment term for the arrears but they are saying 24-30mths is their usual policy but this is only doable with the help of additional funds from the family, to which I have said that this policy is old and not right for what’s happening in the market today with the mortgage crisis and a lot has changed over the last 2yrs, policies need to adapt with what’s happening today, and according to the media banks will look at each case individually.  

My query is that will I be risking it to attend this 10mins hearing that has been arranged to try and get the judge to extend the repayment term for the arrears? 
 

Thanks

Roland

[roland60]

Hi Honeybee

Thank you for replying and flagging this to Ellen.

I had a few health issues in the past and fell into arrears during that period, Natwest have a policy where you can capitalise arrears once every 5yrs, which is what i did back then.

I have just over a year remaining in order for me to try and capitalise again, to which I have asked to do it now but they have said they won't do it even as an exception earlier than 5yrs, again an old policy of theirs. 

Regards,

Roland

 

 

 

[roland60]

I have 22 years left

[roland60]

I can comfortably do £150, and your help with the defence statement would be very much appreciated.

 

 

[roland60]

There was no N11M form.

Is the mortgage in joint names ? yes.

Are there any children living in the property? yes one child 2 years old.

What was the reason for the arrears? Pandemic, we are self employed and had no Government help.

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

What is the date of the hearing?  and are you able to physically take documents to the court ? 3rd July, yes I can take the documents to court.

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

[roland60]

Hi Ellen

Thank you for getting back to me, appreciate it.

Yes I do have the ——— Forms which were sent in the original claim in Jan ‘23 but the hearing was adjourned with liberty to restore for a year only. The original claim was issued as a miscommunication with the solicitors & Natwest, we were in midst of sorting out the arrears directly with Natwest and our account was on hold, but the solicitors requested a date for the hearing which was then adjourned. 

We were in midst of sorting out a variation deal where we extended the term for our mortgage to free up some money to put towards the arrears. This all went through but took until end of March for them to implement it, which they apologised yesterday for but no one got back to me regarding sorting the arrears after the variation was completed which is what should have happened.... we continued to pay our mortgage Direct Debit every month since Jan ‘23 with no missed payment and the arrears have not increased since. I have NOT spoken with the Legal team at Natwest but the financial support team who only have the authority to set a plan for 30mths maximum.... 

The letter I received couple of days ago was to restore the hearing with a date and I have attached the order, as can be seen it’s less than 14 days they have given us to sort it out.
 

Court Letter.pdf

[roland60]

Thanks Ell-een.

My partner had a chat with Natwest today as we were not happy about the way they reinstated the possession hearing in the midst of setting up a repayment plan, and that we have had no correspondence or calls regarding the hearing from Natwest or their Solicitors. Natwest apologised and have said they would look into the matter and will get back to me on Monday, as they agree this should not have happened and the order doesn't give sufficient time scales. I will update you on Monday.

Yes the N11M form was only with the original claim which i never filled in as the hearing was adjourned as mentioned in my previous post.

Thank you for helping with the defence and sending the budget sheet calculator.

I will print off the monthly payments to my mortgage since January as proof.

I don't have anything in writing/email regarding the payment arrangement they are offering me of 30mths, i will request this from them on Monday.

 

 

 

[roland60]

Thanks Ell-enn

I will definitely go to court on Monday as I can't wait on Natwest.  

[roland60]

Thanks Ell-enn

I will get these documents completed and hand them in tomorrow.

[roland60]

I will definitely keep you posted and if the hearing gets cancelled I will get confirmation from court.

many thanks

[roland60]

Hi

I spoke with Natwest and they have confirmed that the hearing has been adjourned and were confused as to who had requested the hearing as it wasn't Natwest or their solicitors?... I then rang the court and there was an issue getting into the system and I was told that someone will call me tomorrow morning to confirm.

[roland60]

The court has confirmed that they have received an email from the claimant stating that both parties agree to have the case adjourned with liberty to restore.

The court informed me that the hearing will still go ahead and the letter from the claimant will be put on file for the judge to see, I was also told I could email the court if there is anything i would like to put forward to the judge.

I haven't taken the statement to court.

[roland60]

Hi

Just a quick question... do I need to put anything in writing to court?

[roland60]

Hi Ell-enn

Thanks for your reply.

The Statement is ready to go, I was just unsure whether to send it is as I thought maybe some of the paras now do not relate as it was earlier for a possession hearing and now the hearing is for the case to be adjourned?.....

[roland60]

Hi Ell-enn

Could you please have a look at post #26, so I can email the court today as the hearing is on Monday. Many thanks 

[roland60]

On 29/06/2023 at 19:47, roland60 said:

Hi Ell-enn

Thanks for your reply.

The Statement is ready to go, I was just unsure whether to send it is as I thought maybe some of the paras now do not relate as it was earlier for a possession hearing and now the hearing is for the case to be adjourned?.....