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Response to court next week

from Anon (moto10@hotmail.com)
If I understand your posting correctly Abbey has instructed solicitors to obatin a possession order and although you do not say so I suspect Abbey will also seek money judgment against you. You don't say what provoked you into your efforts to repay arrears but I suspect this may have been as a consequence of Abbey issuing cout proceedings against you and the Lender will probably add the costs of the hearing to the security. Although its legal advisors are unlikely to mention costs at the hearing but you should so as the court at least considers that the costs claimed are reasonable.

If you cannot afford legal representation you should attend the hearing in person and seek to adjourn the proceedings or suspend any possession order that the court might be minded to issue on terms based on what you can afford over upto (depending on what the court decides)the remaining term of the mortgage towards arrears (Administration of Justice Act s36). Be careful this amount will be on top of continuing to repay future mortgage instalments. Again the court will decide based on the information you provide for its scrutiny how long it allows for you to fully repay the arrears.You should be aware that it would be favourable for the court to adjourn the proceedings rather than issue a suspended possession order. However,if you do not keep up all the payments the court orders you to pay this will result in either increasing the costs that are added to the security and or eviction. Sorry I cannot be more positive but I think I have outlined the worst case scenario and if the judge sees that you have done your best to remedy any mortgage default then you might be able to convince the court not to allow Abbey to add its costs to the security. Good luck and if you want me to elaborate on any of the points I raise feel free to place another posting on the home repo site.

(posted 7175 days ago)

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