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| mitsu8 |
Posted - 10 December 2009 : 15:43:13
hi im in position where we are giving up our home.just missed first payment and today received letter to say they will advise solicitors to issue court proceedings if we dont get our account back in order.my question is roughly how long have we got before we would have to leave thanks |
| 8 L A T E S T R E P L I E S (Newest First) |
| Housing |
Posted - 10 December 2009 : 18:18:46
Hi again,
It seems to me that you have used your best efforts to meet your obligations with regards to GE Money (yuk!) and Black Horse (much better lender in my view!).
I would be inclined to do the following:
Go to the council offices to see what they may be able to do and take everything with you in terms of correspondence etc
When the main lender comes to you with a court date (depending on what the council may have said), attend the hearing to show the DJ what you have endeavoured to do to keep a roof over your head.
Look for accommodation in an area of your choice as RHB has suggested to rent (bearing in mind that the Council may be able to assist with a bond/deposit). My only comment here is that renting in the private sector is only as secure as a fixed term tenancy agreement - normally for 6 months and then renewable or determined upon the expiry of the fixed term with two months notice! There is also the cost factor of course. I am trying to enable you to see all of the options that may be there for you and your family.
When I was an agent, my approach was always to look beyond credit checks and to look at the applicants themselves. I have seen some so called good scoring tenants who have gone bad and some who have not been such a good risk as being fantastic tenants. I have to say though I think we wwre the exception...!!
I do wish you lots and lots of good fortune and hope that things do pan out well for you all. I think the important thing is to try to be strong - seek advice as and when things present themselves (i.e. letters/court papers etc) - make use of this forum and the local council and the local CAB.
regards, Richard
"There are no problems - only solutions..." |
| RHB |
Posted - 10 December 2009 : 17:53:05
Maybe you could start to look for private rentals yourself. That way you could be in the area of choice & if your wife isn't BR it could be done in her name so no worries about any credit checks. |
| mitsu8 |
Posted - 10 December 2009 : 17:50:51
thanks richard going by the legal process we should still have 2.5-3 months roughly.is that right.one question i have is that we could afford about 750 for mortgage and 200 for black horse.i havnt offered this but do you think there is a chance of them accepting under new laws of not going for repo so quick.at the moment i havnt bought the bank interest back so am covered by my br if i walk.obviously i would be paying for a lot longer but its now which is more important.they probably wont accept but is it worth a go and would it look better in front of a judge thanksquote:
Originally posted by Housing
Hi again,
I see the whole picture now.
I suspect they are going to start action as there are some arrears. Nevertheless, what I said in my earlier posting applies.
You have children of school age so you are almost certainly going to be in what is known as "Priority Need" in terms of housing law.
Without the risk of being unprofessional G E Money are not the best of lenders (edit that out if necessary!!). That having been said, they MUST act within the law and follow the process I set out.
I know how stressful this will be for you and your family. I have dealt with hundreds, if not more, cases over the past 30 years and have seen every situation you can imagine. (I did not ever think I was going to be BR) But, I am and we are trying to get through too!!
Back to my advice to you:
I would arrange that appointment with your homeless persons section as soon as you can - again, go to an appointment, do not leave it to "telephone advice" - be strong and assertive!!
The council will have dealt with many many cases and will do their best to assist witin the law and you may be pleasently surprised.
It seems that you have tried to repay G E Money and will still try to repay, but they are now, in my view, being very harsh. They are not social workers, but equally, you are still a customer!! They should remember that.
As to what the council can do, that will depend on your precise circumstances. Take all the correspondence with you when you go.
You can ask to be considered for a particular area, but to be honest, they will probably not be in a position (because of demands from others) to offer you any choice.
Again, if there are health issues within the family, you, your partner or the children, then mention and show evidence (e.g. Drs letters or practice nurse letters, hospital admissions etc). Anything that shows you as being "vulnerable".
You could ask the local CAB to assist you if you are not feeling up to a stressful time at the council by yourselves. I am not saying the council will be unhelpful, but at times like this, you may feel more confident with a representative to fight in your corner!!
Whatever you do, be positive, do NOT let anyone walk over you.
If you need any more general advice or suggestions, then I am happy to try to help you through the forum.
Good luck and please keep the forum updated as someone will be able to assist or simply share experiences with you, Richard
"There are no problems - only solutions..."
|
| Housing |
Posted - 10 December 2009 : 17:27:46
Hi again,
I see the whole picture now.
I suspect they are going to start action as there are some arrears. Nevertheless, what I said in my earlier posting applies.
You have children of school age so you are almost certainly going to be in what is known as "Priority Need" in terms of housing law.
Without the risk of being unprofessional G E Money are not the best of lenders (edit that out if necessary!!). That having been said, they MUST act within the law and follow the process I set out.
I know how stressful this will be for you and your family. I have dealt with hundreds, if not more, cases over the past 30 years and have seen every situation you can imagine. (I did not ever think I was going to be BR) But, I am and we are trying to get through too!!
Back to my advice to you:
I would arrange that appointment with your homeless persons section as soon as you can - again, go to an appointment, do not leave it to "telephone advice" - be strong and assertive!!
The council will have dealt with many many cases and will do their best to assist witin the law and you may be pleasently surprised.
It seems that you have tried to repay G E Money and will still try to repay, but they are now, in my view, being very harsh. They are not social workers, but equally, you are still a customer!! They should remember that.
As to what the council can do, that will depend on your precise circumstances. Take all the correspondence with you when you go.
You can ask to be considered for a particular area, but to be honest, they will probably not be in a position (because of demands from others) to offer you any choice.
Again, if there are health issues within the family, you, your partner or the children, then mention and show evidence (e.g. Drs letters or practice nurse letters, hospital admissions etc). Anything that shows you as being "vulnerable".
You could ask the local CAB to assist you if you are not feeling up to a stressful time at the council by yourselves. I am not saying the council will be unhelpful, but at times like this, you may feel more confident with a representative to fight in your corner!!
Whatever you do, be positive, do NOT let anyone walk over you.
If you need any more general advice or suggestions, then I am happy to try to help you through the forum.
Good luck and please keep the forum updated as someone will be able to assist or simply share experiences with you, Richard
"There are no problems - only solutions..." |
| mitsu8 |
Posted - 10 December 2009 : 16:59:33
hi thanks for reply.i have 2 girls 15 and 13.going back to mortgage i did have arrears and been paying this off at 250 a mth while ive been on interest only.i had 6 more payments to clear arrears but mortgage co wont let me stay on interest only for 6 more mths which is what i asked for.they said they dont do it anymore.the wife has just started full time work as well so things should start to get better.the problem isnt the mortgage as much as a secured black horse loan that was for my business that has gone.this is 400 a month plus 1400 mortgage.secured loan has 8 yrs to go unfortunately.this is why its going to be better for us to walk away and start again.with regards to mortgage i am technically in arrears for about 1400 so maybe this is why they are going after me so quick.i have spoke to mortgage co previously and they are not that helpful to be honest .im with ge money and know from others that they can be quite heavy.im printing off housing forms andwill go gto council next week .if by some miracle we were given a place do they house you near where your children go to school or can they put you anywhere.thanksquote:
Originally posted by Housing
Hi Mitsu8,
I know you have posted before, but I cannot recall what was happening the last time.
It is highly unlikey that you are going to be losing your home for one missed payment.
As Blackie has said, it seems harsh that they are threatening possession action after one payment being missed. Have you had arrears in the past and paid up?
There is a set process that lenders and the judiciary follow and briefly, it falls into three statges:-
Stage 1 - the lender issues possession action. This is normally theough an agent on their behalf. You will receive papers and have an opportunity to file a defence. Do not worry if you do not file a defence.
The court will arrange a hearing date. That is likely to be several weeks ahead. (maybe 4 weeks). As Blackie has said, you are best to attend that in person.
It is nothing to worry about. The District judge (DJ) will hear your lenders pleadings and will invite you to make your comments. S/he will see you in chambers - no wigs or gowns these days - that all stopped years ago. It is simply sitting in an office with the DJ one side of a desk and you and your lender in front of him/her. Very informal and the DJ will make you feel at ease. The DJ will be sympathetic - they are guided by the governments thinking - although will have to adhere to the law on landlord and tenant matters.
The DJ is likely to award your lender what is known as a Suspended Possession Order (SPO). It is likely to be suspended for 14, 28 or 56 days. The likelhood is if you attend yourself, the term will be longer. (That is in your favour).
At the end of the term of the SPO, the lenders agent will apply to the court for a warrant of execution. Sounds fierce! That is, in effect, an application to the bailiffs office to evict you. That can be several weeks - depends how busy the bailiffs are - can be 3 weeks - occasionally more and sometimes a bit less. At this stage (the third stage) you will have to deliver up possession.
If you have children or health issues, I advise you to contact your homelessness section at the council offices and make an appointment to see someone. I emphasise go to an appointment... do NOT be fobbed off with telephone advice. Say that you are stressed and suffereing and need them to be fully aware of the situation. That way, you are recorded as being threatened with homelessness.
If you do not have children/health issues, I suggest that you still contact the council to see what advice they can give you. They may be able to pay a deposit/bond to a private landlord - unless you make an enquiry, you will not know and you may be surprised at what may be available for you.
The law is split into advice and assitance. Advice is to all enquiries and can be as simple as here are some letting agents! Assistance is given under a statutory framework and there are 5 priority needs categories.
The council may be in a position to speak to your lender (with your consent first) and may be able to negotiate some stay so as to avoid being repossessed. The lender does not want the house to be repossessed! The government does not want you to be homeless! There may, therefore, be some way to save your home.
I can respond in cyber advice if you have any questions.
In summary, I am surprised to see a lender going for possession action so soon - i.e. one months repayment missed. You may feel that you can tlk to them - or use an adviser to speak on your behalf - i.e. the Council or the CAB. (But remember the CAB have no statutory powers, the council does).
Good luck, Richard
"There are no problems - only solutions..."
|
| Housing |
Posted - 10 December 2009 : 16:34:14
Hi Mitsu8,
I know you have posted before, but I cannot recall what was happening the last time.
It is highly unlikey that you are going to be losing your home for one missed payment.
As Blackie has said, it seems harsh that they are threatening possession action after one payment being missed. Have you had arrears in the past and paid up?
There is a set process that lenders and the judiciary follow and briefly, it falls into three statges:-
Stage 1 - the lender issues possession action. This is normally theough an agent on their behalf. You will receive papers and have an opportunity to file a defence. Do not worry if you do not file a defence.
The court will arrange a hearing date. That is likely to be several weeks ahead. (maybe 4 weeks). As Blackie has said, you are best to attend that in person.
It is nothing to worry about. The District judge (DJ) will hear your lenders pleadings and will invite you to make your comments. S/he will see you in chambers - no wigs or gowns these days - that all stopped years ago. It is simply sitting in an office with the DJ one side of a desk and you and your lender in front of him/her. Very informal and the DJ will make you feel at ease. The DJ will be sympathetic - they are guided by the governments thinking - although will have to adhere to the law on landlord and tenant matters.
The DJ is likely to award your lender what is known as a Suspended Possession Order (SPO). It is likely to be suspended for 14, 28 or 56 days. The likelhood is if you attend yourself, the term will be longer. (That is in your favour).
At the end of the term of the SPO, the lenders agent will apply to the court for a warrant of execution. Sounds fierce! That is, in effect, an application to the bailiffs office to evict you. That can be several weeks - depends how busy the bailiffs are - can be 3 weeks - occasionally more and sometimes a bit less. At this stage (the third stage) you will have to deliver up possession.
If you have children or health issues, I advise you to contact your homelessness section at the council offices and make an appointment to see someone. I emphasise go to an appointment... do NOT be fobbed off with telephone advice. Say that you are stressed and suffereing and need them to be fully aware of the situation. That way, you are recorded as being threatened with homelessness.
If you do not have children/health issues, I suggest that you still contact the council to see what advice they can give you. They may be able to pay a deposit/bond to a private landlord - unless you make an enquiry, you will not know and you may be surprised at what may be available for you.
The law is split into advice and assitance. Advice is to all enquiries and can be as simple as here are some letting agents! Assistance is given under a statutory framework and there are 5 priority needs categories.
The council may be in a position to speak to your lender (with your consent first) and may be able to negotiate some stay so as to avoid being repossessed. The lender does not want the house to be repossessed! The government does not want you to be homeless! There may, therefore, be some way to save your home.
I can respond in cyber advice if you have any questions.
In summary, I am surprised to see a lender going for possession action so soon - i.e. one months repayment missed. You may feel that you can tlk to them - or use an adviser to speak on your behalf - i.e. the Council or the CAB. (But remember the CAB have no statutory powers, the council does).
Good luck, Richard
"There are no problems - only solutions..." |
| mitsu8 |
Posted - 10 December 2009 : 16:06:06
hi it says they will go legal if i dont get account back in order.i cant deny that i havent messed them about at times but they always got there money inthe end.i just dont think im in there good booksquote:
Originally posted by Blackie
A lot depends on your circumstances. The repossession and eviction laws have recently changed. If you have a young family, it could take up to a year. I suggest that you should go to the hearing to request time to find another property and leave.
However it does seem drastic that you have received a legal letter if you have missed your first payment.
All the best
John Blackadder
|
| Blackie |
Posted - 10 December 2009 : 16:02:38
A lot depends on your circumstances. The repossession and eviction laws have recently changed. If you have a young family, it could take up to a year. I suggest that you should go to the hearing to request time to find another property and leave.
However it does seem drastic that you have received a legal letter if you have missed your first payment.
All the best
John Blackadder |
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