Possession hearing

[SarahConnor]

I hope this is the right place to post this.

I had a possession hearing adjourned on the grounds that I've made a complaint to the Ombudsman with regards to two main issues: 1. that the lender haven't complied with the pre-action protocol before initiating proceedings; and 2. that the lender have treated me unfairly when dealing with me with regards to the mortgage.

The original hearing was brought by the lender because of arrears on the mortgage (6-months worth). It is also worth noting that I have been paying the whole interest + a very small amount of capital towards the monthly payment due for the past 10 months or so, but not enough to cover the full payment (hence the accumulation of the arrears).

I have one query: If, as I think would be the case, the complaint I submitted to the Ombudsman is not resolved by the time of the new hearing (the Ombudsman accepted my case, but I am told that they may not be able to reach a decision in time for the new hearing), is the hearing going to be adjourned again by the judge? If so, can the lender try and "bypass" the (pending) decision by the Ombudsman and try and force repossession of the property regardless?

Many thanks!

[TUTTSI]

Re: Possession hearing

I am sure that whilst you have a pending complaint with the FOS they cannot proceed with the repo hearing. Just make sure that the courts and the lender are aware that this complaint is with the FOS and that all court proceedings should be halted until this matter has been resolved by the FOS.

[SarahConnor]

Re: Possession hearing

Thanks. There was another reason I asked this - I was told that the lender may press (the judge) "on the prejudicial issue (to them) of the delay" and ask him/her to make a decision rather than await an outcome from fos. Is that likely to happen and if so what are the chances that the judge may grant this?

Another 2 queries related to this: If fos finds in my favour and the complaint is upheld, then I assume that fos is going to ask the lender to remedy the 2 main points I raised in that complaint before the case is heard again, correct?

If so and they do that, then I may then start dealing with the lender as normal and I also assume that I'd be given a chance to make a proposal to them, knowing that I'll be treated fairly this time and also it gives them a chance to go through the normal process, correct?

Thanks again!

[SarahConnor]

Re: Possession hearing

Resurrecting this thread, hope nobody minds... It has been a long time since I posted here.

A couple of updates: thanks to my submission to the Ombudsman, the case was adjourned again (I think the judge used a legal term, something like "adjourned upon request" or similar), which gave me time to sort myself out. And so I did...

I am in full employment now and finally able to pay my mortgage.

I received a response from the Ombudsman, but they are offering me a measly £100 in compensation, so I did not agree with their decision. In the meantime the bank brought back court proceedings again, which are scheduled to be in a couple of weeks time (30-minute hearing this time).

My circumstances are different now though - I am fully capable of paying my mortgage and wiping out the arrears completely (which are quite substantial) by the end of the year or by the hearing date, at a push (the latter will put strain on my finances though - I won't normally do this, unless there are clear benefits).

I do have a couple of questions for the more knowledgeable on here though:

* If I make an offer to the bank to clear the arrears within the lifetime of the mortgage (which has about 10 years left), would the bank or the judge obliged to accept this? If the bank and the judge agree, would that mean I am going to get a CCJ (if so, I may be able to clear the arrears completely by the court hearing date in order not to get a CCJ - is that possible)?

* The bank also wants to put their legal fees (amounting to about £2k) on my mortgage - something I don't agree with, as they did not comply with the pre-action protocol at all and also because they have not treated me fairly (see initial post above). Am I right in thinking that I could ask the court not to allow it on these grounds? How likely is that to be granted and what do I need to present as evidence?

* If I prove to the court that I have been treated unfairly and that the bank should have not brought court proceedings in the fist place before fully complying with the pre-action protocol, can I ask them to pay my expenses and legal fees (provided I get a solicitor) instead? How likely is that to be granted?


Many thanks!