RePossession Hearing Tomorrow....**UPDATE and advice required**

DonutUK

...not expecting much to be honest.

I have some issues over the way in which the Mortgage company has refused to help me in any way shape or form even though i contacted them at an early stage......
They have told some slight untruths in their evidence statements......they claim that i did not contact them at all......

When i raised this with their solicitors 3 weeks ago they ignored my email until today, the day before the hearing, when the replied to me stating that they could not do anything about it and i should contact the mortgage company....yeah right! Like i am going to get anywhere with less than 24 hrs before the hearing!

Have also been in touch with the CAB with regard to the Mortgage Rescue Scheme as recommended by the housing people.....they said they can't do anything with that until after the court hearing!
Can't get an appointment with housing until end of August!

Basically....i have a mortgage based on earning of £40k+ a year, since being made redundant last year i now earn less than half that.....i'm screwed!

fatbelly

DonutUK wrote: »

Have also been in touch with the CAB with regard to the Mortgage Rescue Scheme as recommended by the housing people.....they said they can't do anything with that until after the court hearing!
Can't get an appointment with housing until end of August!

Do you have any written evidence that the local council have recommended that you apply for Mortgage Rescue and that you are waiting for an appointment? I got a three month adjournment on terms recently (the defendant could afford half the monthly payment so those were the terms for the next three months) on the evidence of an e-mail between CAB and the council.

It depends very much on the judge.

He did comment that his decision would have been more difficult if there had not been substantial equity in the property (so the lender's position is still safe) and that the arrears were only going to increase by about £150 per month.

He also said that he would consider a further adjournment if the MRS was still proceeding after 3 months.

In any case you should:

turn up
dress smartly
be polilte
call the judge sir (or madam)
ask to see the other side's paperwork.
make your points aginst the preaction protocol (they have to provide the judge with a N123 checklist)

The worst case is a 28-day possession order, after which they can apply for your eviction (takes a few weeks but sometimes much longer)

Let me now how you get on.

DonutUK

Well....

Got there in plenty of time.....waiting area was ridiculously hot!

The solicitor instructed to appear for the mortgage company arrived and we had a private meeting to discuss the situation.....quite amicable and after the discussion she phoned for instructions and was told to persue a 28 day order....although she did say that she thought the judge would be much more likely to give a longer time than that due our exploring the Mortgage Rescue scheme.
She wouldn't talk about the Pre Action Protocols as she didn't work for C&G's solicitors but was a local firm.

When we went in, she explained to the judge that she had been instructed to seek the 28 day order but that we had agreed to a 72 day (which we did because we know that we can sustain the mortgage long term) so that we had time to explore things further.

The Judge asked me some questions and specifically whether the mortgage company had offered help or assistance. So i explained that i felt they had do nothing to assist me and pointed out that i had emailed their solicitors over 3 weeks ago pointing out that i felt they had not fufilled the pre action protocols properly and that the only response i received turned up in the post this morning advising me to contact C&G direct as they had no information!

The Judge was not at all impressed and fairly ripped into the solicitor, who asked for an adjournment to seek instruction...which the Judge refused and then said she was going to adjourn proceeding until the next available date when she would expect evidence of compliance to be produced by the claimant.
The solicitor then asked again for a brief adjournment citing the fact that we had already conceded we couldn't sustain the mortgage etc etc. This time the Judge agreed she could make a phone call...so out we went.

The solicitor then came back to us and said that they couldn't produce the required evidence then and there, but they would at a rearranged hearing, however she did say that obviously it was really a case of prolonging the inevitable (which i couldn't really disagree with) and maybe it would be better to get things done today. To that end the mortgage company were now happy to agree a 72 day order to allow us to explore things further!

After speaking to my partner we agreed to this.

When we went back in and explained to the Judge she actually said that even though she was not happy with the claimants actions, in all reality they would probably be able to satisfy the laws requirements evne though she felt they had been very unhelpful towards us.

So...we know have a 72 day order against us. And a money judgement as well.

Just got to wait until August for the appointment with the housing i guess.

fatbelly

Hi Donut

Well that saves a second hearing.

I have a client who got a possession order (28 day) back in January and is still in the house because the lender believes the mortgage rescue scheme is progressing. So they have never applied for the warrant to evict the client.

So push ahead with MRS but be aware that after 72 days you could have fairly short notice of having to get out.

DonutUK

Got the paperwork from the court this morning along with a letter from the solicitors of the Mortgage Company.

The mortgage people are intending to take possession in 56 days time, not the 72 days agreed at court!

Also, in the hearing the Judge stated she was endorsing the order so that it could not be enforced until 72 days had elapsed, but the paperwork they have sent out states the possession can be "on or before...."?
The money judgement has been endorsed not to be actioned until 72 days has expired.....but the Judge was talking about the whole package, including the possession order when she said about the endorsement.

How do i get this rectified by the court?

DonutUK

Can anyone help with this?

AMILLIONDOLLARS

I would go back to court and request a copy of the judge's order. Speak to a court official on the correspondence you have received. Maybe they can write direct to the Mortgage People.

AMD