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oh !!!!!!, advice please.

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Comments

  • The District Judges are reasonable and will want to give you the opportunity to rectify things. You need to have a proposal for clearing arrears over a period of time to suggest to the court (one that you can live with). The final decision is up to the Judge so even if the otherside don't like your proposal he can still order it. Take evidence about the new job (an offer letter or something) and explain the position. Also do get some advice on the summons from CAB or a solicitor if you can.
  • emmaroids
    emmaroids Posts: 1,876 Forumite
    oh, so its not cut and dry that im going to court to lose the house?

    i just assumed that this was the case, i would go to court and the judge will tell me i have x amount of time to move out.

    maybe im been over dramatic :o
    No Unapproved or Personal links in signatures please - FT3
  • Emmaroids you mentioned in a previous post about an agreement to pay an extra £100 that was accepted "with a Court Order". When was that? Is there already a court order in place?

    If there is not already a Court Order then maybe the reason for the summons is to obtain the Court Order (presumably suspended possession) that was mentioned previously: in which case you can tell the judge about the agreement for the additional £100. But I do strongly recommend that you talk it through with CAB and get someone to look through the paperwork.
  • emmaroids
    emmaroids Posts: 1,876 Forumite
    tilt wrote: »
    Emmaroids you mentioned in a previous post about an agreement to pay an extra £100 that was accepted "with a Court Order". When was that? Is there already a court order in place?

    If there is not already a Court Order then maybe the reason for the summons is to obtain the Court Order (presumably suspended possession) that was mentioned previously: in which case you can tell the judge about the agreement for the additional £100. But I do strongly recommend that you talk it through with CAB and get someone to look through the paperwork.

    ahhh *mops brow*

    i thought the court order was this letter we got with the acceptance of the offer.

    when i offered the 100 quid a month there have only been 1 payment been made so it was only just over a month ago, so your saying i am in court to make sure i keep up with these arrears?
    No Unapproved or Personal links in signatures please - FT3
  • I can't say for sure and that's why you must get some advice, and I mean advice from someone independent not from just the bank or a financial advisor.

    But if there hasn't already been a Court Order then the summons would be the process by which this was put before the court in order to get an Order.

    However I doubt that the summons will mention the agreement they will be simply asking the court for possession and it is up to you now to respond and say that you have reached an agreement with the bank and show the court the letter. If the bank abides by the agreement (which it should if payments are up to date) then the judge should make that Order. If you then can't keep up with payments there would be a very much quicker process for the bank to get possession.

    If you ignore this or don't attend court then the Judge wont know the vital background and may make the "wrong" order.
  • emmaroids
    emmaroids Posts: 1,876 Forumite
    just been on the phone to the bank and its just a formality that the court has to accept my offer in stone.

    phew.
    No Unapproved or Personal links in signatures please - FT3
  • emmaroids wrote: »
    just been on the phone to the bank and its just a formality that the court has to accept my offer in stone.

    phew.
    Dont just take the banks word for it. If they are after a repo, and you dont attend the hearing then thats what the Judge might well award. As stated above please go see CAB and get good independant advise. Remember the only person that can and will represent your best interests,, is YOU. The bank will represent their own best interest.
    [strike]Debt @ LBM 04/07 £14,804[/strike]01/08 [strike]£10,472[/strike]now debt free:j

    Target: Stay debt free
  • emmaroids
    emmaroids Posts: 1,876 Forumite
    im certainly gonna go.
    No Unapproved or Personal links in signatures please - FT3
  • BartGirl
    BartGirl Posts: 510 Forumite
    Just read thru your post

    Have nothing useful to offer expect tons of Best Wishes your way...
    CC1: [strike]1,500[/strike] CC2:[strike]£830[/strike] Vanquis [strike]£1500[/strike] £2000 left
    S.Elec: [strike]£258[/strike] £ 0
    CT [strike]1734.52[/strike] £ 0
    Ebay £ 10.00 /MystShop £ 17.00/Quidco £ 0 so far!
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