Help with EGG Mortgage arrears and legal proceedings please.

[Thalan]

Re: Help with EGG Mortgage arrears and legal proceedings please.

OK, now I’m worried again. Why is it not the deal they offered yesterday ?

They said in their letter they would be seeking an order for repossession at the court date on October the 6th, but if I made an acceptable offer of repayment then they would seek a suspended order in court instead of immediate repossession.

I made an offer, they accepted and now they have confirmed, in writing, that they accept the offer and will be seeking a suspended order instead of immediate repossession. As far as I can see, they have done exactly what they said they would and confirmed it in writing.

Of course I don’t want to go to court and get a black mark against my name, but how can I avoid it ?

No, I didn’t quote the Norgan case. I was ready to quote it, if they told me that my offer was too low, but they accepted the offer, so I didn’t see the need to quote reasons why they should accept.

They never gave me any option that involved not going to court at all. I can’t force them to cancel the court date, can I ?

Do you think they are still going to try and take my house at the court hearing ???

Best regards

Dave

[TUTTSI]

Re: Help with EGG Mortgage arrears and legal proceedings please.

I think you should write back to them confirming and stating your offer of £110 in writing quoting the Cheltenham and Gloucester Case v Norgan, the fact that they accepted your offer which you made on the phone based on the fact that they would just apply for a suspended posession order. Since they accepted the offer they have no need to get a money judgement as they would have the suspended possession order. Please ask them to confirm your offer is acceptable and that they will drop the threat of the money judgement.


You should always keep everything in writing and these people have a habit of back tracking and not keeping to their word.

Based on the fact that the sum outstanding is quite low is there anyway your parents could actually pay this all in one go? and then you could keep up with the normal monthly repayments and not have the suspended possession order hanging over you or the money judgement. This would be the only way I see that would stop you from going to court.

Personally I cannot see a judge granting a suspended possession order and a money judgement it does not make sense unless the money judgement is for their costs?

I was hoping that some others would also post up their views and hopefully by the morning some others would have also have posted.

Tuttsi

OK, now I’m worried again. Why is it not the deal they offered yesterday ?

They said in their letter they would be seeking an order for repossession at the court date on October the 6th, but if I made an acceptable offer of repayment then they would seek a suspended order in court instead of immediate repossession.

I made an offer, they accepted and now they have confirmed, in writing, that they accept the offer and will be seeking a suspended order instead of immediate repossession. As far as I can see, they have done exactly what they said they would and confirmed it in writing.

Of course I don’t want to go to court and get a black mark against my name, but how can I avoid it ?

No, I didn’t quote the Norgan case. I was ready to quote it, if they told me that my offer was too low, but they accepted the offer, so I didn’t see the need to quote reasons why they should accept.

They never gave me any option that involved not going to court at all. I can’t force them to cancel the court date, can I ?

Do you think they are still going to try and take my house at the court hearing ???

Best regards

Dave

[pompeyfaith]

Re: Help with EGG Mortgage arrears and legal proceedings please.

I would not worry about losing your home as no judge in there right mind would allow it for only £800+ arrears furthermore there has been much publicity regarding repos in the press lately where the figures are down.

Indeed no judge would allow it as it is very much a last resort.

PF

[Amethyst]

Re: Help with EGG Mortgage arrears and legal proceedings please.

The Money Judgment is for the debt, the suspended possession order is the security. So you will have a CCJ for the debt, which if you stop paying the £110, they can implement the suspended possession to possession. The Money Judgment should be for installments of £110. So yes having both is normal and it is just for security on their part, save them time and effort if you do default on the agreement.

[TUTTSI]

Re: Help with EGG Mortgage arrears and legal proceedings please.

As I said yesterday if it is possible for your parents to lend you the whole amount now which is arround £850ish, you will not have a judgement or a suspended possession order against you.


But you will have to keep up the monthly repayments otherwise you will be back at square one.

[Hope]

Re: Help with EGG Mortgage arrears and legal proceedings please.

At Q.27 of your N11M defence form you need to ask the court not to order the money judgement as you have reached an acceptable payment arrangement with the lender. Usually money judgments are only awarded if possession is granted to the claimant.

I suggest you state:

1. The Claimant has accepted my proposal to pay £XXX per month towards the arrears in addition to the normal monthly payment. Please see correspondence affixed.
Therefore I respectfully ask the court to take into account the case of Cheltenham & Gloucester v Norgan and S. 36 of the Administration of Justice Act when considering this offer of payment.

2. Also, I respectfully ask the court not to grant a money judgement in this case as an acceptable payment arrangement has been agreed with the Claimant ahead of this hearing".

Make sure you take a photocopy of the form and attachments for yourself before you hand it into the court.
Hope this helps

[Thalan]

Re: Help with EGG Mortgage arrears and legal proceedings please.

Sorry for not replying, I had a bad few days.

Thanks for that suggestion HOPE, I have written what you suggested on my defence form.

TUTTSI, thanks for your input too. I really don’t want to ask my parents for so much more money at this time. It would fix the problem, but they have already paid so much. I really don’t want to ask them for another £800 right now. They are not rich and I don’t want to ask them for more than I have to.

A big thanks to all who took the time to reply.

Best regards

Dave

[Thalan]

Re: Help with EGG Mortgage arrears and legal proceedings please.

Well, I was all set to go to court tomorrow, but I received a letter this morning from EGG’s solicitors saying that there was no need to attend the hearing as they have requested an adjournment.

I rang the court and they said the hearing is still scheduled for tomorrow but they have received a request for an adjournment from EGG’s solicitors. They said the hearing will still go ahead and the judge will probably deal with the adjournment request then. They said it was up to me if I wanted to attend or not.

Is there any point in me going ? I’m tempted to go anyway just to see what happens.

Any suggestions ?

Dave