Futher to my previous post regarding the letter from the halifax stating they are taking us for repossession: I have contacted the DLA this morning, and they have said they are sending us an expenditure form to fill out, i explained that my husband is still out of work, but by the end of March, hopefully he will have a wage coming in, through work he is getting through an agency. I told them about the compensation claim that is going through for the m60 roadworks which we know is a guarenteed sum, but they have said that the halifax will still take it to court for a "suspended repossession order" i told them that this happened once before, about 6 yrs ago, and the halifax made an agreement without it going to court, as i know, even if the warrant is suspended, they will still put the charges onto our mortgage account, even though the halifax will be willing to accept my proposal of payment, the compensation may not come through until May or June, but i have assured the DLA that all of the money will be put directly into the mortgage account. Are the halifax right in still going to court, even if they agree to the proposed payment? i think it seems unfair on us, that i am willing to pay this money unyet they still want to take it to court knowing the charges will be added on to the mortgage account, any advice? i really do not want a suspended order hanging over us, when i can assure them i can still make the payments from the end of this month. Jane.

-- jane (janey1@emailaccount.com), March 11, 2004

Answers

I am afraid this is not the answer you want - the Halifax are within their rights to take the matter to court - it will clearly end up in a suspended possession order which is their way of "securing" the payment of the arrears. The charges for taking out the summons and attending court etc. will be added to your mortgage account.

A warrant is not involved at this stage unless you defaulted on the arrangement set up for you to pay the arrears off at a monthly amount plus the ongoing mortgage instalment.

I would suggest that when offering the roadworks compensation as a payment, you simply mention this and say that you offer £x per month off the arrears. The reason I say this is if the payment comes in from the roadworks compo - all well and good. But if you rely on that and it fails to appear on time or at all - then you might well end up in breach of the order.

The judge, under what is commonly known as the Norgan rules has to allow you a reasonable period to pay off the arrears and this can be as long as the rest of the mortgage term.

You could say to the Judge that you think it unfair that Halifax should take it to court when their money is "guaranteed" but personally, I think he will say that you are in breach of the terms of the mortgage deed and that the Halifax are entitled to take proceedings and to their costs.

-- David J. Button (davidjohnbutton@supanet.com), March 11, 2004.

Hiya, Thanks for your reply, yes i agree with what you have said, i didn't think of it that way at first, like you say, that will be the halifax's way of securing the payments,which i suppose is natural, i mean i could say to them that i'm going to win the lottery next week! and expect them to say ok. I know the roadworks compensation is guarenteed, as everyone down the road has had thiers apart from about 5 of us i spoke to the compo solicitors today, and explained the situation, which by the way has been going on for nearly 12 months now, and they have said they will try and sort it out, i also told the DLA that i will give them the number of the solicitors if they want to verify it, but they said to just put it in writing when i get the expenditure form, so i am mhoping hubby will get sorted with a job, and the halifax will agree to the payments, i was thinking of paying about £30-00 off the arrearrs, that way i will not be making a false promise to them, let's hope things go ok, thanks for your reply anyway! Jane.

-- jane (janey1@emailaccount.com), March 11, 2004.