WITH REFERENCE ON MY QUERY

The leeds and holbeck building society have applied for a possesion order. In their statement of accounts they have not credited January's payment. They have also said they have no information regarding why my arrears have built up. This information is untrue as I have kept them well informed. Will the district judge take into account the amount of arrears outstanding has been reduced reduced by Two Hundred pounds

-- R.TATE (POPPY62@POPPY62.FREESERVE.CO.UK), March 29, 1999

Answers

"Will the district judge take into account the amount of arrears outstanding has been reduced reduced by Two Hundred pounds?"

Yes, but the deciding factor will be whether you seem able to pay your mortgage now and in the future.

He or she will also be interested in seeing copies of letters you have written explaining why the arrears have built up or a diary that shows the dates and outcomes of your meetings/telephone calls with them. The deciding factor will also be whether you are able to pay your mortgage now and in the future.

-- Lee (repossession@bigfoot.com), March 29, 1999.

I'd like to agree with what Lee says. Also solicitors prepare possession papers some time in advance - check the date at the end of the particulars of claim. So it won't take account of any payments made after that date.

It has been my experience (having worked on a county court advice desk) that most large lenders do not bother to provide much detail in the "what do you know about the borrowers" box even if you've been in daily contact with them! This makes a mockery of the court rules introduced in 1993 to ensure that the court could make an informed decision.

What you need to do is draw the court's attention to your correspondance with the lender and also make a reasonable offer to clear the arrears. The district judge will be pleased if you provide a budget showing your income and expenditure and what you are offering to pay on a monthly basis. The court can consider any period for repayment upto the end of the mortgage.

-- Sue Edwards (london.specialists@nacab.org.uk), April 14, 1999.