| T O P I C R E V I E W |
| buzzrock |
Posted - 12 October 2009 : 11:42:46
we are due at court this week for house possession but are not attending the hearing, do we need to inform the court or do we just not turn up?
thanks
*~* I wish I had a magic wand *~* |
| 15 L A T E S T R E P L I E S (Newest First) |
| Housing |
Posted - 20 October 2009 : 12:43:31
Hi Buzzrock,
28 days is the "norm" - this means that after the expiry of the order, the lender will apply for a warrant of execution (an eviction order in other words). As i said in earlier postings, that is likely to be a few more weeks - from what you have said in todays posting, that is not going to cause you any problems with your moving schedule.
Good luck and if anything else comes up that you want a coment on post again and I am sure you will receive support and advice. Regards, Richard
"There are no problems - only solutions..." |
| Housing |
Posted - 14 October 2009 : 21:44:36
Buzzrock,
Do you have any idea how the hearing went - has the lenders legal representative made any contact? (May not happen that way), in which case, you will receive a copy of the Order in the post from the CC. 7 - 10 days maybe - although also postal strike lined up for next week!!!
Best regards, Richard
"There are no problems - only solutions..." |
| Housing |
Posted - 14 October 2009 : 10:45:21
Good luck - if you have any questions that I can assist with I am happy to do so - so, when you get the order from the cc, you may want to asks something
I look at this site every day - sometimes many times a day!! My wife thinks I am married to it!
I have to say it is a useful forum as people other than the BR experts also have experise to offer based on life experiences and their professional experiences.
Again, I wish you well and your family, Richard
"There are no problems - only solutions..." |
| buzzrock |
Posted - 14 October 2009 : 10:40:05
Thanks for that Richard and Jane,
I feel a bit better now, well for a bit any way 
*~* I wish I had a magic wand *~* |
| Jane.l |
Posted - 14 October 2009 : 10:30:44
I am sure you will have plenty of time to move out, this is the timeline of what happened to me:
April 2007- left house, stopped paying mortgage and secured loan in January 2007
August 2007- court date, possession order was granted to NR in our absence. They then kept badgering us to move back and start paying again
February 2008- Warrant of Execution was granted, NR told me they had to give us 28 days notice by law so they could not change the locks straightaway
Mid March 2008- bailiffs finally came and changed locks, etc
October 2008- house finally sold
|
| Housing |
Posted - 14 October 2009 : 10:17:40
Hi yes brown sauce is nice!! (I miss caviar though!!)
The court wil simply call your name and your absence will be noted on the order that the DJ makes - you should receive your copy of that in the post in 7 - 10 days.
I suspect, but cannot be certain, that the order would be 28 days and again, just to reassure you, there is then the application to the baillifs section to carry out the eviction (warrant of execution)
It depends how long their legal advisors take to issue the application to the bailiffs and, of course, how busy that team is!! (Sadly, even with strong directions from the government to minimise evictions, they still happen so they may be busy!)That will give you some more time - although you will want to be gone before then to avoid actually being evicted - that is NOT nice I can assure you and some bailiffs are animals!! They may say they are only doing their job... a bit like the animals that call you 15 times a day for your credit card bill - "only doing their job" I have had so many rows with these people - asked them if they sleep at night - does not bother them - anyway moving on...
I do wish you well and your family, Richard
"There are no problems - only solutions..." |
| Jane.l |
Posted - 14 October 2009 : 10:03:47
No, I did not ring the court. I told NR though, but they did not take any notice, all they were interested in was trying to get us to move back into the house again and take all the debt back on! They must think I am stoopid!  |
| buzzrock |
Posted - 14 October 2009 : 10:01:15
Thanks Richard
You can't beat egg on toast, especially with brown sauce!!
I havn't rang the court to tell them we are not attending, did you Jane?
*~* I wish I had a magic wand *~* |
| Housing |
Posted - 14 October 2009 : 09:56:23
Hi again,
I understand and do wish you well - I like your strap line - I too, wish I had a majic wand sometimes...
My wife paid some bills online yesterday and paid one of her creditors twice!! (She is not BR and is managing her debt slowly!). Tried to get that money back - and guess what, she cannot retrieve it!! Egg on toast for a week now!!
Hope that makes you smile - I do wish you well, regards, Richard
"There are no problems - only solutions..." |
| buzzrock |
Posted - 14 October 2009 : 09:48:00
Hey guys,
We are (like Jane was) in a position where we can't afford our mortgage and secured loans so we do not want to fight for the house.
I just hope we get this rented house and have enough time to move out.
Thanks to you all
*~* I wish I had a magic wand *~* |
| Jane.l |
Posted - 14 October 2009 : 09:22:44
but as in my case, if they cannot possibly afford to keep the house, there is really no reason to attend court, it is just putting themselves under more stress, I feel.
There was not a hope in hell of us being able to pay our mortgage and secured loan for another 20+years. We were paying £1300 per month to live in a small, rundown house. We now pay £320 per month for a renovated 3 bed semi council house. Fair better value for money, I say! |
| Housing |
Posted - 14 October 2009 : 08:42:46
It is fine - even if you were - I was trying to give factual information to a poster who had set out thetr situation. The practice of some lenders (as we know) is a scandal.
It is a fact that th government does not want repossessions to happen. Therefore judges and lenders have strong and detailed guidance to save a family form homelessness and the trauma of that.
It is true that the process is scary BUT if they (or any other mortgagor) attends the hearing, there is a good chance that the home could be saved. I feel a degree of compassion for this family as they may not have the stress of homel;essness if they were to attend an informal hearing and put over their case.
As I said, I have attended many 100s of hearings in differing positions, i.e. for the defence and for the landlord or mortgage company - the whole emphahsis is now on prevention.
Thats it - it is up to the individual - but its is a shame in this cyber situation we are not able to speak to people. I too am bankrupt, but I have saved my two properties (I was never in arrears with the mortgages) - simply had thousands of other debts!
Regards, Richard
"There are no problems - only solutions..." |
| Jane.l |
Posted - 14 October 2009 : 08:10:47
I am not challenging anyone, I am merely stating the order in which events happened with me 2 years ago and the things I was told by my mortgage company and I did not attend court, there was no point. |
| Housing |
Posted - 13 October 2009 : 20:29:24
Hi again,
Buzzrock - not wishing to lecture you or tell you how to live your life... A number of other posters have said the same as me. (I am not being precious!)
I have 30 years of experience in sales (estate agent) and lettings as my own business and as a director of Housing in a local authority for 8 years).
It really is in your interest and the interest of your family to attend the hearing - you can get the duty officer at the court to speak for you if you do not have the confidence. In the 1980`s the possession action was in the open court with the judge robed up with his/her gown. There is none of that now - chambers is just like going into someones office. The judge will want to see what your lender has done - have they bullied you and been unprofessional for example (as some do!).
The judge will listen to you - if you are not there, then of course he/she wil not hear your side of the events. This has upset me - I have 4 children (all adult) and 2 grandchildren and one on the way - I feel for you.
I have acted for landlords, defended tenants and home owners - I have been on all sides of the possession process - consider attending! (I wish I could help more) Richard
"There are no problems - only solutions..." |
| qznhln1 |
Posted - 13 October 2009 : 20:20:15
They can make an order forthwith (they have done a number of BTL properties I had) but if it is your primary residence it would be unlikely.
The trouble is if you don't attend court you are at the mercy of what the other side request and if you are not there to defend the Judge is going to find it difficult to make a decision otherwise - who is going to tell him you have 3 children and want some time to move your stuff out?
Can I ask why you don't want to go? It really is not intimidating and the Judge will be sympathetic to you as someone who is not legally trained |
