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mitsu8
Junior Member
272 Posts |
 Posted - 07 February 2010 : 08:42:13
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| hi in court tomw for ruling by judge for repossession of house.i know it will probably be 28 days but what reason could i give to get extra time.we have a property to go into on april 10th but that is about 60 days away.also council is looking at mortgage rescue scheme which has only just started.would these be good enough resaon to get more time thanks |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 07 February 2010 : 11:01:32
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Hi
I suggest that you attend the court about half an hour before the hearing is scheduled and see the duty adviser. It may be a solicitor, a person from the CAB or Shelter of even from the local authority.
They will represent you in the judges chambers - the lender will have their rep - an agent - not normally very bright! They just want to get their fee paid (sorry, but true).
Say to the DJ that you are in the midst of finding an alternative property and it is likely to be six weeks before we can achieve the move.
The DJ has discretion to extend in such cases - up to 6 weeks. That should suit your situation as, do not forget, after the six weeks, they have to get a bailiffs appointment - another 2 weeks or thereabouts.
The judge will be more sympathetic to you that the claimant - believe me - if you see the duty officer, they will put that to the judge for you.
I wish you well and do not stress about the case being before a judge - he/she is a normal person in his office (chambers) and there are no scary wigs or gowns!
Come back if you want to ask some more questions, Richard
"Life is generally something that happens elsewhere" (Alan Bennett - author and one of my best heroes!!) |
Edited by - Housing on 07 February 2010 11:02:17 |
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Blackie
forum expert
United Kingdom
565 Posts |
Posted - 08 February 2010 : 07:52:26
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Hiya
I concur with everything Housing mentions. However you have not told us whether you have any family. Children have a huge effect on the time that you are given to vaate the property.
All the best.
John Blackadder |
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mitsu8
Junior Member
272 Posts |
Posted - 08 February 2010 : 07:54:12
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| hi yes i do have 2 children 15 and 13.only 2 hrs to go now |
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Blackie
forum expert
United Kingdom
565 Posts |
Posted - 08 February 2010 : 07:59:26
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Right, In that case you must tell the judge. It is more than likely, as you have a moving date, that the judge will stay the Repossessioon Order until after 10th April. Everyone has to be very careful where children are concerned.
Let us know the outcome!
John Blackadder |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 08 February 2010 : 08:06:27
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Hi again,
Please let is know what happens and if we can, we will assist with follow on action.
Regards, Richard
quote:
Originally posted by Blackie
Right, In that case you must tell the judge. It is more than likely, as you have a moving date, that the judge will stay the Repossessioon Order until after 10th April. Everyone has to be very careful where children are concerned.
Let us know the outcome!
John Blackadder
"Life is generally something that happens elsewhere" (Alan Bennett - author and one of my best heroes!!) |
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mitsu8
Junior Member
272 Posts |
Posted - 08 February 2010 : 15:06:27
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| hi just got 28 day notice.been council and done homeless application.also looking at mortgage rescue as well,bit of a long shot as we are in negative but would mean mortgage co would write off a shortfall.im br and wife will be from mar 1st.will have to sit tight,we will know more by mon/tue next week.only problem at moment is the 28 days |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 08 February 2010 : 15:29:44
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Hello again,
That is the first bit over.
Make sure you follow things through with the homeless persons officer at the council.
If you need any advice or suggestions, please come back and I will do my best to assist - I post on here most days.
Good luck, Richard
quote:
Originally posted by mitsu8
hi just got 28 day notice.been council and done homeless application.also looking at mortgage rescue as well,bit of a long shot as we are in negative but would mean mortgage co would write off a shortfall.im br and wife will be from mar 1st.will have to sit tight,we will know more by mon/tue next week.only problem at moment is the 28 days
"Life is generally something that happens elsewhere" (Alan Bennett - author and one of my best heroes!!) |
Edited by - Housing on 08 February 2010 15:30:21 |
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Blackie
forum expert
United Kingdom
565 Posts |
Posted - 08 February 2010 : 16:33:12
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Hi
I am extremely surprised that you only got 28 days especially as you have children and I would be very interested to learn the reason that you were unable to extend the deadline.
However, that said, Housing is your man and I am sure that he will be able to help you further.
Best regards
John Blackadder |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 08 February 2010 : 16:41:54
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Hi
I am a bit surprised too - the DJ has discretion up to 42 days.
I have to say 28 days is almost the "norm".
A little bit nearer, say no more than 2 weeks, mitsu8 MUST make contact with the council to give them a bit of a jog - at the moment we are looking at six weeks and maybe a bit more for the warrant of execution.
Please post back and I will see what needs to be done
Remember, the forum will be here to assist you - we are all in the same boat insofar as BR is concerned and we have a great degree of expertise here too
Richard and thanks Blackie
quote:
Originally posted by Blackie
Hi
I am extremely surprised that you only got 28 days especially as you have children and I would be very interested to learn the reason that you were unable to extend the deadline.
However, that said, Housing is your man and I am sure that he will be able to help you further.
Best regards
John Blackadder
"Life is generally something that happens elsewhere" (Alan Bennett - author and one of my best heroes!!) |
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mitsu8
Junior Member
272 Posts |
Posted - 08 February 2010 : 17:16:31
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| hi i did ask for a bit more time but judge said she couldnt not give the order.in some ways im glad as i really want an end to it .just hope homeless application is successful as lady who is dealing with us at council is fantastic.she is really trying to help. |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 08 February 2010 : 17:42:24
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Hi
She does have discretion, but as I say the norm is 28 days and DJs are very cautious people!!
That is good in some respects as you say - stay in touch and let us know if you have any difficulty
regards, Richard
quote:
Originally posted by mitsu8
hi i did ask for a bit more time but judge said she couldnt not give the order.in some ways im glad as i really want an end to it .just hope homeless application is successful as lady who is dealing with us at council is fantastic.she is really trying to help.
"Life is generally something that happens elsewhere" (Alan Bennett - author and one of my best heroes!!) |
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Topic |
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house repo
