Court Next Week....

BYALPHAINDIA

Hi all, I don't know if some of you have read my post earlier this month Re - The Halifax pursuing us over our outstanding arrears?

But, We are attending Court next week, For our hearing.

I never honestly thought it would ever come to this, But I am TOTALLY ANGRY with the Halifax !!!!

They have not consulted with us, And the last person I spoke to said simply - Just pay as much as you can, And no legal action will follow !!!!!!??

Either the Halifax have just 'Simply' sent our file onto their Solicitors, Without anyone even reading or checking our payments that we have been making.

I have paid them EVERY month, I have paid them at least 50% of the amount EVERY month, And on May 31 I paid them in FULL for May.

What else am I expected to do in our personal situation ??

ROB A BANK !!

As most people have found there is A SERIOUS problem now with this new HBOS - And I have been told by a few good friends that their problems escalated when the Bank Of Scotland took over the helm.

Traditionally they are renowned for being VERY Pressurised with their customers.

I have been also told that they DON'T THINK TWICE about taking a customer to Court and apply for a Possesion Order.

They say in simple terms - If you don't make the payment requirements then they will try and posses the property !!

We all know that the Banks are getting even more Greedy by the year.

I think we may be ok, I have spoken to the Halifax's solicitor on a few occasions, But to be honest they are not sympathetic, They are merely acting on instructions from the Halifax and off course being paid for the priviledge.

NOBODY has even attempted to help us, We are having to help ourselves, It is a 'Minefield' a situation that I would't want to dream about.

But this is life, And REALITY, I am ashamed in my own private way, But these things can easily happen to ANYONE.

I have NEVER had a Credit Card in my life, Always paid in cash for things, If not then I don't have it.

I just don't want some 'Snotty' out of touch Judge granting the Halifax a possesion order, I don't really think they can if I am TECHNICALLY paying for the house, If not the required amount as they ask.

I WILL never end up in a mess like this AGAIN, Mortgage or No Mortgage, Your house is part of your life but not everything in your life, There are worse things that can happen to you.

Regardless of the decision, The Halifax will be receiving a MAJOR complaint from myself, In person and in writing, I have been telling everyone I know, Why be embarrased, It will be happening to many other people in the same situation.

The Gov't are going to have to intervene if this situation gets more regular, People are NOT going to be able to afford to live never mind pay a Greedy Bank more and more money etc.

Totally FINISHED with the Halifax now, It has been a 'Rocky' old road to say the least !!

BYALPHAINDIA

Oh, I forgot to mention the fact that if anyone does get behind with their mortgage or whatever, Then don't be 'Surprised' in the slightest if they come up against a 'SOLID WALL' of incompetance.

The Bank will ONLY advise you and WON'T help you, And WILL (As proved in our case) pursue you to the Court and apply for the inevitable.

If I knew it would end up like this then I would have NEVER have paid less than the required amount.

There's nothing in writing to say they HAVE to help you.

A Bank can destroy you in 6 months !!

GMS

Unfortunately you signed an agreement stating you would pay the agreed amounts of the mortgage. Clearly you have not and the lender has been forced to act.

It is easy to blame the bank but you have failed to maintain the agreement. You have therefore forced their hand.

Paying 50% of the payment means 50% of the due amount being added to the arrears. This can not continue in the long term as it is not beneficial to you or the lender.

A judge may be sympathetic to your situation if you can come up with a remedy. Other than that you may need to demonstrate a willingness to sell.

I hope you find a solution. Good Luck

BYALPHAINDIA

Their Sols have informed me that they will apply for a 'Suspended Repo order' in Court, As I said that I could make 2 large payments, Then revert back to the Halifax and the Sols will close thie file??

hcb42

do that then.. but you will need a plan to keep up to date as per the terms of your mortgage, after that..

BYALPHAINDIA

Cheers, :beer:
But like I have said it should have never gone to this hurdle, As I was technically paying monthly payments.

I could have understood if I had not have paid a 'Reasonable' amount.

One sol who I know said that it could be a Halifax - Solicitor 'Factoring' process making money out of money??

hcb42

But if you are not paying enough you are in default....there can only be one solution to that ultimately.

I think repossession is a last resort these days especially with the amount of borrowing v equity.

I hope it works out, but whatever you do make sure you stick to the agreement made.

silvercar

But like I have said it should have never gone to this hurdle, As I was technically paying monthly payments.

Do you really believe that the lender can't take action, just because you are paying half what you should? Why would you think that?

Their Sols have informed me that they will apply for a 'Suspended Repo order' in Court, As I said that I could make 2 large payments, Then revert back to the Halifax and the Sols will close thie file??

Go to court, make your case. Suspended repo order means they can repossess much easier if you fail to keep up with the repayment plan. So you need to make sure the repayment plan is something you can afford. That will normally mean the standard monthly payment plus something towards the arrears. If these 2 large payments are one-offs, don't get sucked into agreeing to make the same large payment each month if it is beyond your means.

SouthCoast

Advice from Shelter:

This section explains what happens if your lender or freeholder starts repossession proceedings in the county court. Homeowners can only be evicted if the court makes a possession order, which they will only do in certain circumstances.

http://england.shelter.org.uk/get_advice/repossession/going_to_court

DVardysShadow

BYALPHAINDIA wrote: »

I never honestly thought it would ever come to this, But I am TOTALLY ANGRY with the Halifax !!!!

Report them to the Charities Commission.

d40eq6

Many years ago I used to act for banks on repossessions in court (hated it but it was an eye-opener). I do not recall a single case where the Judge was anything other than sympathetic when the Borrower came up with a credible repayment plan.

I suggest that you come in humbly, be as straight as possible and come up with a credible suggestion of what you can afford. Unless County Court Judges have changed dramatically then you will be fine.