Repossessions & Evictions

emmaHarris_2

saver_sam wrote:

Well he works for some of these independent companies and it has the name of the client on the paperwork that comes out so we know who are prime and subprime

Not sure how to give a better example really apart from he has to call on them (i.e. on their doorstep), get a reason for the arrears, go through their income and expenditure and see what they have left to put towards the arrears to get it cleared in a reasonable time period, putting this information back through the companies to pass onto the lender for them to consider.

In all our research we have found nothing like this happening!

emmaHarris_2

my husband often goes to court as well to represent the mortgage companies interests

What exactly is your husbands job and role?

saver_sam

Your "research" is clearly flawed. I (saversam's husband) work for many lenders via agencies. I can't say all, but most of the big lenders - including many "sub-prime" lenders, and we visit the customer's home to try to make contact and put sensible proposals forward to the lender for their consideration, either prior to court action or to be incorporated into a suspended possession order because payment arrangements previously have failed. However, I am not prepared to give you further details as your "research" is so badly flawed and I am really unclear as to your intentions.

Also, your reference to the solicitor's lacky is clearly poor. In order to prove their case the lender's solicitor or their representative will have to prove their case, i.e. to show the land registry entries (and if the claimant was not on the Office Copy entries the case would end there), that there is no marital homes interest, etc. And there is no way a judge would discuss the case without the other party present. All proceedings are recorded and a transcript could be obtained. To do so would completely prejudice the case. I'm not sure what your intentions are, but my role is to help people regain control of their finances. What's your role here? This is the last post I will contribute as, frankly, you are talking garbage.

emmaHarris_2

This is the last post I will contribute as, frankly, you are talking garbage.

I think this says it all!

emmaHarris_2

I am sorry ‘saver sam's husband’ but it is what your saying is flawed and not clear and comes across lacking experience or real life knowledge of what really happens in court etc.

saver_sam

Emma

Firstly, I know I said I wasn't going to post further, but I've been looking at your other posts and the forum on the other site, and I am concerned.

Let's deal with court stuff first. If what you say on the other site is true, then something is seriously wrong with the courts that you've been to. My experiences are on both sides, and basically I find the following:

I go to court arriving about 30 minutes beforehand, and if the defendant(s) is/are there then will try to make contact and explain what will happen. Although I am not instructed to accept proposals, I can help to put their mind at ease as to the process and push them towards CAB etc. When called we will normally go into Chambers/Court together (only if I've been in on the previous matter would I already be there, and that was only on one occasion) and certainly I would not be allowed to pre-discuss the matter with the Judge. Once we are all in the room, including legal adviser, CAB rep, money adviser, IFA, friend etc then I present the figures (arrears, balance etc etc) to the Judge along with the Office Copy Entries, Marital Homes document, mortgage charge if provided and letter to occupiers, if not provided in the witness statement already filed. I then ask for what I've been instructed to ask for, before the Judge will ask for representations from the Defendants.

Basically what s(he) is looking for is whether they have jurisdiction. This is a smart way of saying can the arrears be cleared within a reasonable period of time (and in C&G v Norgan this effectively means the remaining term of the mortgage), and if so then should the judge use their discretion. Normally they will do so, and this applies whether its a possession hearing or an application by the defendant to suspend a warrant of possession. I've not met a judge yet who is cavalier to making a possession order, and indeed one I regularly come before is very critical of sub prime mortgages but they do comply with the law. This particular judge is also moved when defendants don't come to court, but you simply can't help some people.

I'll deal with the arrears counselling side in a seperate post.

Sam's husband!

saver_sam

Now, onto the pre court stuff. Basically many lenders, including the major high street lenders, and most of the subprime (KMC, GMAC, SPML, GE Money (I Group) will use external firms to try to resolve arrears issues before court. There are several firms in existence, but I won't give details without seeking their permission first.

Basically they will be instructed at various stages from 1-many months in arrears and the first stage is to visit the security. This will confirm whether it's empty, tenanted, for sale, abandoned etc, and if this is the case discreet enquiries are made to try to locate the customer. If contact can be made (and you would probably be surprised at how many do an ostrich impersonation) then an appointment is agreed to come back to discuss the situation in more detail. This will be along the lines of discovering the reason for the arrears (generally relationship breakdown, redundancy/unemployment, sickness/pregnancy or poor money management) and whether the situation has now been resolved. We would then analyse the customer's financial circumstances, and give debt advice if this is appropriate, as again you may be surprised at how many people see their credit card and clothes catalogue as essentials whilst not paying the mortgage. Also unsecured creditors and collection agencies can be quite intimidating on the phone, and therefore customers prioritise them. Advice can be given in dealing with them as well, and if necessary a referal to CCCS or Payplan can be recommended. From this a proposal can be submitted to the lender, which they will either accept/reject or want incorporated within a suspended possession order. This process leads to (hopefully) the situation being sorted out without recourse to court action, and certainly without eviction.

Hope that helps.

emmaHarris_2

Hi Sam's Husband.

I really do appreciate your posts and thank you for coming back. I have a lot of respect for you doing so

Would you mind awfully if I responded this week? What your saying is, in a lot of parts very true but sometimes we have seen a different side.

I would really like to discuss this with you more and hopefully together we can find by sharing of different experiences a new way forward by keeping an open mind:)

Many thanks to Sam and Sam's husband, genuinely and sincerely:)

EmmaH

emmaHarris_2

There are several firms in existence, but I won't give details without seeking their permission first.

I personally do not understand this statement though??

saver_sam

No problem, reply to Sam by private message. If those courts really are behaving that badly then I think at least a complaint to the Court Manager or maybe even to the DCA is appropriate.