Court Hearing (Possession Claim) - do I need a lawyer to accompany me?

thinkpositive1

Hi - hoping someone can help

I am in arrears with my mortgage (in summary I am self employed, had a very difficult year in 2011 and income was too little and too sporadic and I ended up having to miss paying my mortgage on a few occasions).

The mortgage lender has started legal proceedings for repossession and I have a court hearing next week. I don't want to lose my home and have been in pretty regular contact with my mortgage lender - they have been have very helpful and are keen, like me, to sort out a "repayment plan" for dealing with my arrears and get it agreed.

What I don't know is whether I need to opt for taking a lawyer along with me to the hearing. I am scared of going to court and totally unfamiliar with what to expect. My mortgage lender says I don't have to attend (but I think it would look bad if I didn't) and they say that before they can move to a repossession (which they want to avoid too) I would have 28 days following the court hearing to come to an agreement with them on a Repayment Plan.

It all feels very scary and I don't want to get there and realise I should have had a legal representative who should know what to say / how to say it etc. but I am fearful of the costs of doing this too. I don't wnat to waste money I don't really have on a legal bod if it's not essential.

Anyone able to suggest options / advice to me?

undaunted

Personally I would attend & not rely on your mortgage lenders advice if I were you.

As far as costs & representation go your local CAB or Community Legal Advice centre, the Consumer Credit Counselling Service or Shelter may be able to assist you.

http://england.shelter.org.uk/__data/assets/pdf_file/0006/23388/B_and_B_Shelter_Mortgage_Arrears_Guide.pdf

http://www.cccs.co.uk/InfoCentre/EnglandandWales/Housing/Mortgages/Arrears.aspx

Depending what your family circumstances are the mortgage rescue scheme may also be worth a look if it comes to it.
http://www.direct.gov.uk/en/HomeAndCommunity/BuyingAndSellingYourHome/Mortgagesandrepossessions/DG_174005

Good luck

Steviek_2

You must attend! Some Courts have welfare officers there to represent people in these hearings. If you dont mind me asking which Court is it? The mortg people will send along a very junior barrister. They will be told to agree a repayment plan with you before the hearing. If you have made reasonable proposals an Order will be made to put that repayment plan in place and the repossession suspended with the proviso that if the payments are missed they can reinstate the application. The hearing will take place in an informal setting with a District Judge not in formal wear they are really helpful to people who appear in person I know its scary but it wont be anything like as bad as you think and you would be throwing money away to get someone to do this for you

callmechar

Get some advice. As above, go to your local CAB.

thinkpositive1

StevieK thanks - it is Nottingham court. Why do you ask?

maggy50

Can I say that it is a bit daunting when you are asked to go to a hearing as such regarding the circumstances.

Two years ago we were in the same position self employed downturn in trade etc.

We went along without a solicitor and we outlined our case to the advisor that represents you as a welfare officer as you have been told and he outlined the case on our behalf to the Judge it was very informal
and not as bad as we envisaged.

It was suspended and we were allowed to pay within our means.
However we did have to go again as an update in the situation was recommended .

We were allowed to carry on but in the end due to our age and health problems we found that we fell within the bounds of mortgage rescue and thus we went through the process and now rent our home from a Housing Association who bought the house for a pretty good price.

Good luck with your case and lets hope you get the outcome you need.

Thrugelmir

Attend the court in person. As a lay person the court will treat you in an understanding manner. Seek advice before the hearing, as suggested the CAB. Having a solicitor present in court won't change matters.

DVardysShadow

undaunted wrote: »

Personally I would attend & not rely on your mortgage lenders advice if I were you.

More strongly, if someone takes you to court, never rely on their advice.

Steviek_2

I asked you which Court Thinkpositive as the main courts like Manchester have inhouse officers whereas the provincial courts dont. As I said a Junior Barrister or local agent for the lender will be sent along (I used to do these hearings for the RBS for a fixed fee) their instructions are to agree a payment plan unless there is absolutely no way the person can pay in which case they will seek a repossession but they are aware that a) the Court will not want to do that b) in most cases it is fruitless as they still wont get their money back for ages if at all. Chin up, negotiating head, on you will be OK

thinkpositive1

Thanks Maggie / Stevie and others for your advice. Went to court today. Nerves jangling. I was aksed if I wanted free representation and was allocated a "Court Officer" - she was brilliant. Calmed my nerves, went through my situation and paperwork. I had offered up an additional amount out of my monthly budget for a repayment plan for m/g arrears. She then liaised with my mortgage rep and they agreed to it there and then. The judge and his room was much less intimidating than I had feared and I didn't have to say anything as the Court Officer and Mortgage Rep had already agreed my proposal. We were in with the judge for about 2 minutes and it was done !!!

I am pretty relieved but obviously now need to stick to the payment plan.

Thank you for all your advice and support.

Steviek_2

Glad to have helped and pleased you seem to have worked things out