Bank fails on 1st repo, but finds 2 months arrears 2 yrs old! : LUSENET : Repossession : One Thread

Solicitors acting for Britannia B S raised summons for repo on basis I was three months in arrears because of no payments in Aug, Sep, Oct 1998. This was disputed. At Dec 1998 hearing, judge ordered meaningful accounts going back to January 1997 and reset hearing for Feb 1999. Subsequent accounts demonstrate the alleged arrears were in fact paid. Solicitors have produced statements going back to Jan 1996, however, and allege 2 months arrears within this time frame instead. Accounts are difficult to agree, but possibly correct. Even so, no formal notice of the 1996 arrears was brought to my attention, and certainly were not included in the original application. Is the original application likely to be thrown out? Arrears going back 3 years is hard to disprove, how best to defend? Suffer the bribe and cough up?

-- Steve Galloway (, January 20, 1999


It's hard to work out from your message whether there are any arrears or not. If there are, you're better off paying them. If there are not, why does the Britannia think there are?

I think if the answer to the latter is that they have cocked up you're better off giving the Association of Mortgage Borrowers, ( 0171 923 7700 ) a call.

If they haven't, you're better off trying to pay them off over whatever period you can afford. If there are arrears, then offering to pay them off over whatever period you can will be enough to stop most judges giving a repossession order. See the Judges View page in the Arrears section of the web-site.

Regards, Lee

-- Lee (, January 20, 1999.

Reading your email i do agree with LEE on the points he raises in his answers,but do you have any Annual Statements for those years ,they would show any alleged arrears for that period?1996-1997-1998 If you cannot find them request them from your Building Society by recorded delivery can phone first if you want,but still send letter

After all this if you are still not convinced,there are arrears.the next stage is contact an Accountant to check and verify the figures if you do not know one, I can put you in touch with an account who will do you a report for court after he has certified the figures as being correct of course

best of luck Please email me if any points you wish to clarify


-- Charles Twford (, January 21, 1999.

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