Friend missed repossession hearing

[Sharkyb]

Hi

 

My friend has fallen into arrears with their mortgage - a court date was set for last thurs (9th).

 

They had offered a repayment and the solicitors asked for a budget form to be completed and returned which they did do.

 

On the court date they were unable to attend - they were being violently sick at the time and weren't able to leave the house.

 

Since then they have heard nothing and it's been over a week.

 

If the court granted a possession order would the court have written to them or not? How can they find out if the hearing actually took place and the result?

 

Thanks

[Ell-enn]

Hi, didi they inform the court that they weren't able to attend?

 

It can take over a week for the court to send out the judge's order - if your friend did not attend the hearing or let the court know they were sick then the judge would have no option but to order in the Claimant's favour.

 

However, if a payment arrangement had already been accepted by the Claimant the judge may have ordered a suspended possession - let us know when your friend received the letter from the court and we'll be able to advise further.

[Sharkyb]

Hi, didi they inform the court that they weren't able to attend?

 

It can take over a week for the court to send out the judge's order - if your friend did not attend the hearing or let the court know they were sick then the judge would have no option but to order in the Claimant's favour.

 

However, if a payment arrangement had already been accepted by the Claimant the judge may have ordered a suspended possession - let us know when your friend received the letter from the court and we'll be able to advise further.

 

 

So will they receive a letter from the court regardless?

[Ell-enn]

Yes, they will receive a letter detailing what the judge has ordered. They could always ring the court and ask when they will receive the order (they will need to give the Claim Number which will be on the paperwork they would have received giving the date of the hearing).

[Sharkyb]

Yes, they will receive a letter detailing what the judge has ordered. They could always ring the court and ask when they will receive the order (they will need to give the Claim Number which will be on the paperwork they would have received giving the date of the hearing).

 

Ok letter arrived today. Very simple.

 

On hearing the solicitor for the claimant and defendant not attending order made on mandatory grounds.

 

They have until the 6th June.

 

What do they do now?

[Ell-enn]

Does it say they have to give possession on 6th June? If so, and they don't leave the property they will receive an eviction notice, they can then enter an N244 application at court to have a hearing in front of the judge to get the eviction stopped (we can help with that)

 

How much are the arrears?

How much are they offering to pay towards the arrears each month?

What is the remaining term of the mortgage (years)

[Ell-enn]

Does it say they have to give possession on 6th June? If so, and they don't leave the property they will receive an eviction notice, they can then enter an N244 application at court to have a hearing in front of the judge to get the eviction stopped (we can help with that)

 

How much are the arrears?

How much are they offering to pay towards the arrears each month?

What is the remaining term of the mortgage (years)

[Sharkyb]

Does it say they have to give possession on 6th June? If so, and they don't leave the property they will receive an eviction notice, they can then enter an N244 application at court to have a hearing in front of the judge to get the eviction stopped (we can help with that)

 

How much are the arrears?

How much are they offering to pay towards the arrears each month?

What is the remaining term of the mortgage (years)

 

Yes they have to give possession by the 6th.

Arrears I'll have to check with them 3000 I think?

They offered to pay 600 per month to pay off the arrears.

Mortgage term left I think is about 18 years.

 

Is it still worth contacting the mortgage company to get them to agree payments or is that now over now the judgement has been made? Do they have to wait until the 6th before trying to sort this?

 

Thank you for all the help so far

[Lea_HTH]

You need to make a set aside application for the possession order on the basis that the court would have come to a different conclusion if the mortgagor had been present in court, making the offer you state (i.e. £600 a month would clear the arrears in five months and no court would give outright possession on that basis - unless the mortgage term was at an end).

 

The form needed is the same, an N244 - provide proof of ability to pay (income and expenditure, proof of job), provide proof of non-attendance at the last hearing (i.e. medical certificate/statement from GP). Make any payments that can be made as soon as possible and include proof of those with the application.

 

Don't delay - make the application within the next day or so.

 

Alternatively, you can wait until you receive the notice of eviction and make a stay application.

 

Incidentally, mortgage judgments don't usually state 'mandatory grounds' - that would imply your friend is renting, not a mortgagor.

[Sharkyb]

You need to make a set aside application for the possession order on the basis that the court would have come to a different conclusion if the mortgagor had been present in court, making the offer you state (i.e. £600 a month would clear the arrears in five months and no court would give outright possession on that basis - unless the mortgage term was at an end).

 

The form needed is the same, an N244 - provide proof of ability to pay (income and expenditure, proof of job), provide proof of non-attendance at the last hearing (i.e. medical certificate/statement from GP). Make any payments that can be made as soon as possible and include proof of those with the application.

 

Don't delay - make the application within the next day or so.

 

Alternatively, you can wait until you receive the notice of eviction and make a stay application.

 

Incidentally, mortgage judgments don't usually state 'mandatory grounds' - that would imply your friend is renting, not a mortgagor.

 

Thanks again for the quick reply.

 

Is there any help filling out the form?

Proof of income is fine. They didn't visit the doctor about being ill. How soon is a likely hearing? What are the costs?

 

Oh and the letter def states mandatory even though they are the mortgage holder

[Ell-enn]

Hi, I'll try to get back to you later this evening or tomorrow morning to help with the application as I have some other work to do tonight. In the meantime, have a look at this link which will show you the N244 form and how to set out a statement (pages 14-16 of the guide) and also a budget sheet which should accpmpany the N244 plus any proof of income. http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession

 

The cost of an N244 application is £80 but if you wait till you receive an eviction notice it is £40. You should take cash to the court for the payment as it will ensure you get a hearing as soon as possible, if you pay by cheque they will wait till the cheque clears before advising you of a hearing date.

[Sharkyb]

Thank very much for all your help so far. Much appreciated.

 

If they apply for a set aside will there actually be a hearing? I'm not sure of the diff between asking for set aside or waiting for the eviction notice?

[Sharkyb]

Thank very much for all your help so far. Much appreciated.

 

If they apply for a set aside will there actually be a hearing? I'm not sure of the diff between asking for set aside or waiting for the eviction notice?

 

Oddly my friend received a letter from the bank solicitors today confirming that an order for possession had been made. But they also stated that its not too late and an arrangement may still be made?!

Is this right?

[Ell-enn]

Yes, they can still come to an arrangement - your friend should get in touch and ask if they will accept the offer they made before the hearing.

[Sharkyb]

Yes, they can still come to an arrangement - your friend should get in touch and ask if they will accept the offer they made before the hearing.

 

Oh ok. So what should they say?

Should they indicate that they are going to contest the order or not?

IF the bank accept the offer what happens with the order?

 

Sorry for all the questions!

[Ell-enn]

They should respond in writing with their offer and enclose a budget sheet - I will draft a letter for you and affix shortly, but I need to know the following:

 

Is the mortgage in your friend's name only or is it joint ?

 

Is the £600 per month they have offered in addition to the normal monthly payment? or is that the monthly payment and arrears payment added together?

[Sharkyb]

They should respond in writing with their offer and enclose a budget sheet - I will draft a letter for you and affix shortly, but I need to know the following:

 

Is the mortgage in your friend's name only or is it joint ?

 

Is the £600 per month they have offered in addition to the normal monthly payment? or is that the monthly payment and arrears payment added together?

 

Friends name only. £600 in addition to the monthly. They did send this offer plus the budget sheet which the solicitors would have had a few days before the hearing.

 

Thank you again for your time on this. Does this seem like the best route to take?

[Ell-enn]

It's always worth trying to negotiate - I have affixed a draft letter. You just need to fill in the information where there are brackets (obviously remove the brackets). Make sure the letter is sent by special delivery and then check on the royalmail website a few days later to print off the signature receipt - keep the receipt safe with a copy of the letter and the solicitors letter stating an arrangement can still be made. If they don't agree to the offer and you have to apply for a hearing you will need these documents to go with the application.

[Sharkyb]

It's always worth trying to negotiate - I have affixed a draft letter. You just need to fill in the information where there are brackets (obviously remove the brackets). Make sure the letter is sent by special delivery and then check on the royalmail website a few days later to print off the signature receipt - keep the receipt safe with a copy of the letter and the solicitors letter stating an arrangement can still be made. If they don't agree to the offer and you have to apply for a hearing you will need these documents to go with the application.

 

Thank you - that's a great help. They have an email contact as well. I'm assuming it won't hurt to send a copy that way?

 

If they do accept the offer - what happens then?

[Ell-enn]

If the lender accepts then they pay the monthly amount they have offered

[Sharkyb]

If the lender accepts then they pay the monthly amount they have offered

 

And what happens to the possession order? Does it get cancelled? Does my friend contact the court?

[Ell-enn]

If the payment offer is accepted and your friend doesn't miss any payments then the lender will not enforce the possession order i.e. your friend will be able to stay in his property. Once the arrears are cleared your friend can then apply to the court to have the order removed (unless of course your friend decides to apply to the court for a hearing to set aside the order as described by Lea in a previous post).

 

Let's wait and see what the response to the letter is before deciding how to proceed.

[Lea_HTH]

That's the point of applying for a set aside of the possession order - your friend wasn't in attendance, and if the mortgagee now agrees a payment plan, then an adjournment on terms might have been granted at the hearing, or a suspended possession order. Leaving all this in the hands of the mortgagee now means that they can choose to enforce the PO whether you pay or not.

[Sharkyb]

That's the point of applying for a set aside of the possession order - your friend wasn't in attendance, and if the mortgagee now agrees a payment plan, then an adjournment on terms might have been granted at the hearing, or a suspended possession order. Leaving all this in the hands of the mortgagee now means that they can choose to enforce the PO whether you pay or not.

Oh ok , so IF the mortgage company accept the offer then they should still go and apply for the set aside I'm assuming as they will have further proof that it shouldn't have been granted in the first place?

[Lea_HTH]

No, it will be evidence that the court may have reached a different decision if your friend had attended.