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Hello with a Big Bang - Urgent help needed for mortgage repossession claim!!

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  • Hello with a Big Bang - Urgent help needed for mortgage repossession claim!!

    Hi everyone im here.
    Seasonal greetings to everyone and well wishes first.

    Unfortunately Iím far from well at the moment and in real state of panic!!

    out of the blue I have had a mortgage repossession claim issued on the 05/12/2018.
    I need urgent advice on how to defend the claim.
    In particular for now I need to know about any deadlines which I have to meet to prevent any sort of default judgement being given.
    like for example acknowledgement of service and filing a defence.
    I have already lost 3/4 days as it is now the 08/12/2018 and canít afford to lose any more time.

    please help Iím in total confusion!!

    Thanks
    marypoppins
    Tags: None

  • #2
    Amethyst might be able to advise on your case

    Comment


    • #3
      Originally posted by MIKE770 View Post
      Amethyst might be able to advise on your case
      Thanks for that MIKE770.
      Do I need to contact Amethyst or wait for her.
      thanks

      Comment


      • #4
        wait or her

        Comment


        • #5
          Originally posted by MIKE770 View Post
          wait or her
          Hello Amethyst i am a complete nervous wreck at the moment. I have got no idea what I need to do to respond to this repossession claim. I need urgent advice as to wat my legal obligations are for now. Please help ASAP.

          Thanks.

          Comment


          • #6
            Hoping Amethyst will look in soon.
            Meantime do you have a court date?
            Can you post up (redacted) the claim and give details of why whilst awaiting Amethyst

            Comment


            • #7
              Originally posted by des8 View Post
              Hoping Amethyst will look in soon.
              Meantime do you have a court date?
              Can you post up (redacted) the claim and give details of why whilst awaiting Amethyst
              Hi DES8,

              Thanks for replying. The court date is jan 18 2019.

              the claim was issued on 05/12/2018, and is for mortgage arrears.

              my main concern at the moment is about missing any deadlines to avoid some default judgement. All I know is that a defence needs to be filed within 14 days.

              I donít know how to post redacted stuff, Iím new to all this.

              thanks

              Comment


              • #8
                To upload see here https://legalbeagles.info/forums/for...-and-documents
                OR email admin@legalbeagles.info .making sure you reference this thread and your user name

                Comment


                • #9
                  Hiya xxx Sorry I havent been about much over the weekend or today and am just catching up. Have you sent over the claim form ?

                  Normally a possession claim will come with a court date and details and there are slightly different procedures to how you'd deal with a normal court claim so I think we need to see what the claim is you've received - unless you've just been reading the guides for standard ccj claims and ( understandably ) got confused.

                  Theres no default judgment in possession claims so don't worry about that, neither is their acknowledgment of service. It's just a defence in 14 days ( from service - so 16 days from issue date ) it's not fatal if you don't file a defence- you can defend at the hearing - however it is best to put a defence in if at all possible - it's taken into account when it comes to costs and gets your case in front of the judge in advance of the hearing.

                  Whats the situation with your lender ? Have you been in communication about the arrears up till now ? How much arrears are you in and can you afford to pay your basic mortgage and an additional amount on top each month to pay off the arrears over a reasonable period ?

                  If it is out the the blue then they will have failed to follow the preaction protocols and probably the fca rules on mortgage arrears. ( https://www.handbook.fca.org.uk/handbook/MCOB/13/5.html )

                  CAB info here https://www.citizensadvice.org.uk/de...n-of-your-home


                  Get an appointment with citizens advice or speak with Shelter ASAP too - they are really good and can talk through what's happened to get to this point and what your options are xxx

                  Ill keep an eye on email anyway
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                  Comment


                  • #10
                    Originally posted by Amethyst View Post
                    Hiya xxx Sorry I havent been about much over the weekend or today and am just catching up. Have you sent over the claim form ?

                    Normally a possession claim will come with a court date and details and there are slightly different procedures to how you'd deal with a normal court claim so I think we need to see what the claim is you've received - unless you've just been reading the guides for standard ccj claims and ( understandably ) got confused.

                    Theres no default judgment in possession claims so don't worry about that, neither is their acknowledgment of service. It's just a defence in 14 days ( from service - so 16 days from issue date ) it's not fatal if you don't file a defence- you can defend at the hearing - however it is best to put a defence in if at all possible - it's taken into account when it comes to costs and gets your case in front of the judge in advance of the hearing.

                    Whats the situation with your lender ? Have you been in communication about the arrears up till now ? How much arrears are you in and can you afford to pay your basic mortgage and an additional amount on top each month to pay off the arrears over a reasonable period ?

                    If it is out the the blue then they will have failed to follow the preaction protocols and probably the fca rules on mortgage arrears. ( https://www.handbook.fca.org.uk/handbook/MCOB/13/5.html )

                    CAB info here https://www.citizensadvice.org.uk/de...n-of-your-home


                    Get an appointment with citizens advice or speak with Shelter ASAP too - they are really good and can talk through what's happened to get to this point and what your options are xxx

                    Ill keep an eye on email anyway
                    Hi Amethyst,

                    Thank you and the lord!! What a relief Iím feeling already.
                    Il just get myself together now and getting cracking on putting the stuff together to post up and mail over.

                    Thanks million times over.

                    Comment


                    • #11
                      If you can find the time to talk to Citizens Advice then I would urge you to do it. You might feel they haven't helped because they can be a bit of hit and miss but it does send a message to the courts that you are trying to deal with things and not just ignoring the matter.

                      Comment

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