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buzzrock
New Member
72 Posts |
 Posted - 16 September 2009 : 11:53:40
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just received a court date for house repossession!!!
I knew it was coming but I'm panicing now. 
We havn't applied for BR yet as we are still saving up the money. Perhaps we should send for forms now because I think there is a quite a wait for BR dates at Nottingham?
We need to save like mad now so we can rent somewhere, that's if anyone will have us! Aaaargh! all that packing, all that paper work, oh no count to 10 and breathe......
*~* I wish I had a magic wand *~* |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 16 September 2009 : 13:10:10
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Hi Buzzrock,
Looking at your posting I would say the following:
I assume this is a hearing in the local county court brought by your lender. If that is the case, suggest that you attend and as you get to the court,you should arrive a bit earlier than the case states (this is only approx time anyway - there will be a list of cases posted on the walls of the courtroom) ask to see the duty solicitor (its free)It may be a local firm there, it may be CAB or Shelter (not always a solicitor - there again, it does not need to be a solicitor).
The Government has said that all lenders must try to avoid re-possession. It may be that your situation has gone too far - I do not know if you are making any payments or if you have spoken to them to arrange anything by way of arrears. If you are able to give a bit more information, I may be able to give more precise guidance.
The DJ (District Judge) will try to assist you and whatever happens (assuming this is the first time you have been to court regarding this matter) you will not be evicted on that day - so relax for a moment.
The DJ will ask some questions and your lender will probably have an agency legal rep there (again, probably not a solicitor). He or she will say what the lender is seeking. You can set out your case and your duty solicitor/adviser will speak for you if you are nervous.
The DJ has a lot of discretion and as I said, he/she will look to avoid re-possession at all costs. It is very informal - in private chambers and no gowns or wigs like the old days!
He is likely to make an order and have it suspended for a period of up to 56 days on terms.
If those terms are broken then the lender can apply to the court for a warrant of possession - that will take another 6 weeks (depends how busy the bailiffs are!)So you have at least 4 months and maybe more time in your home. (I say this in good faith and on the assumption that the lender has not already taken you to the cc previously and already has an order against you)
In the meantime you can see if BR is your best option (I cannot give any advice on that as I am not qualified to do so - but there are many who will be able to assist on this site).
Whatever happens, remember you are not alone in this horrid mess - I had two very successful businesses up until April this year - my problem was I had borrowed too much!! Not a crime and there are more BR cases now than in all history!!
If you have children, take advice from the local housing department or CAB/Shelter/housing advice centre - there is every chance that they will be able to assist - certainly they have a legal duty to give advice and maybe (depending on your situation) a legal duty with assistance to getting you a home for you after the house is eventually re-possessed. There are also government backed "mortgage rescue" schemes - although I am a bit cynical about these...
My good wishes and let us all know what happens and come back - I have 30 years experience in the lettings and later estate agency business - I have been to the CC at least 1,000 times on similar matters - sometimes on the side of the landlord and lender and sometimes on the side of the defendent
Richard
I wish you well
"There are no problems - only solutions..." |
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buzzrock
New Member
72 Posts |
Posted - 16 September 2009 : 19:48:18
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Thanks housing
We were threatened with repo last year due to mortgage arrears but I rang litigation and sorted out a lower intersest only monthly payment which did not include the arrears.
They recently rang (now that 6 month has passed) wanting us to pay extra towards the arrears.
Around the same time we decided to go BR so have stopped payments all together, so were expecting possession letter which came today.
We have not rang them to tell them we are going BR and have been ignoring the phone!
If the court give us so many weeks/months to move out of the house, does that mean we can still live here while not making any mortgage payments? What are these 'terms' that you mention? We do have 3 children as well.
We need to save money so we can rent somewhere.
I'm not so worried about losing the house, I am just concerned about getting the timing right between repo, BR and renting a new house! Just hope we find a landlord that will take us on!
*~* I wish I had a magic wand *~* |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 16 September 2009 : 20:06:48
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Hello again buzzrock,
Thanks for the additional info.
I now see that you have already had arrears develop and have made an arrangement. Did the lender take you to court last year?
If so, then your case is less likely to be sympathetically received by the DJ. (although some of them are human!!) If they have already obtained an order suspended, then it is a bit faster than I outlined.
If they have not yet taken you to court, then you should have the amount of time that I said this morning. (I hope that all makes sense!).
If you have stopped paying anything to the lender, then their legal representative will be bullish in court - but use the fact that you have come to the end of the road, you have three children etc.
It is not likely to save the re-possession, but you will have some more time and they cannot get you out unless and until they have a possession order as I said normally suspended anything up to 56 days (2 months). After that they need a court bailiff to execute the warrant for possession (evict you).
The "terms" I refer to are normally you agree to repay the interest and something toward arrears. If you do not adere to that you are in breach of the terms agreed at court. That is binding.
I strongly advise you to go to the Councils housing department and see a homeless persons officer to talk you through your situation. Take your children with you... it sometimes assists with the decision makers.
The Council have a legal duty to give advice - they MAY have a duty to offer you something temporary - again, without knowing all of your situation face to face it is difficult to second guess what the whole picture is.
Do not delay on this as time is of the essence - when is the court date?
Come back if you want to I am more than happy to try to assist with steps that you may be able to take. Remember, you are not on your own - it seams that the world is caving in - there are answers to many situations.
My regards to you and your family, Richard
"There are no problems - only solutions..." |
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buzzrock
New Member
72 Posts |
Posted - 16 September 2009 : 20:19:03
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The court date is october 14th.
The lender did not take us to court last year.
would the court make us pay money even though we are going BR? we have stopped paying the seure loan also and are in negative equity.
thanks
*~* I wish I had a magic wand *~* |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 16 September 2009 : 20:57:39
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Hello again buzzrock,
Thanks for the new info.
The DJ is almost certainly going to make an order for possession. With that order will be a money judgemant (CCJ). That will be the sum you owe the lender, probably plus assessed costs in favour of the lender (likely to be around £300). As I said, it will almost certainly be what is called a "suspended" order. Upon exiry of that order - from forthwith (immediate) and a maximum of 56 days - the lenders legal representatove will seek application for a warrant of execution (application to evict you). This can only be done with a court bailiff and can take several weeks.
My advice is to go to the Council office this week and see the homeless persons staff and get their advice. Explain all your circumstances and they will say what your position is - they have to do that in law - they have to put it in a letter to you.
Ask the council homeless persons officer what they can offer you - eg - is it just advice - or can they assist you with finding a property to rent in the private sector or can you be considered for temporary housing or maybe (but not likely) can they offer you a council or housing association property. (too many on their waiting list I am sure). The council may be able to fund the deposit and rent in advance for a property in the private sector. It depends on your income - more likely to assist if you are in receipt of benefit as opposed to working.
I really do wish you lots of luck and do not give up - be strong and positive when dealing with officials, Regards, Richard
"There are no problems - only solutions..." |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 16 September 2009 : 23:09:47
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Hi
If this is the first court hearing then you do have some time.
The order is Posession Order, Reposession Order then Eviction date.
The Council will probably not do anything until you actually have an eviction date but definately worth seeing them this week.
Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com
Real People ..... Real Debt Solutions |
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buzzrock
New Member
72 Posts |
Posted - 17 September 2009 : 08:42:43
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Thankyou Richard and Paul,
Should we try and find a private rented house before we go BR? I feel like we need to find somewhere now just for peace of mind.
I don't want to be paying towards a mortgage thats going to be part of our BR.
*~* I wish I had a magic wand *~* |
Edited by - buzzrock on 17 September 2009 08:43:15 |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 17 September 2009 : 09:53:03
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Hi again,
I think that may be an idea - as I said, and backed by Paul, go along to the council and explain your situation fully - they will give you advice and may be able to assist with finding a property in the private sector. Your 3 children are key to the assistance as you are in one of what is called "priority needs". Very often they will stump up the deposit and rent in advance. Not sure if you or your partner are working? More chance of this if you are not, or if you are on a low income.
Remember you have a number of months before the house is re-possessed - BUT do not let that you fall into a false sense of security. Act now and obtain advice locally from the Council. They will have seen it all before thousands of times. I wish I live3d near you, I would be happy to assist with you personally - I live in Plymouth in Devon - are you anywhere near?
Let us know later how the council treated you - I again emphasise, be STRONG and good luck.
Regards, Richard
"There are no problems - only solutions..." |
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buzzrock
New Member
72 Posts |
Posted - 17 September 2009 : 10:42:23
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Hi Richard
We live in Nottinghamshire and my husband works full time.
I will contact my local council and get our names down on the waiting list just in case and let you know how we get on.
Thanks again for all your advice.
*~* I wish I had a magic wand *~* |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 17 September 2009 : 11:22:15
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Hi again,
Sorry I cannot travel that far....(I would if I could)
Yes, let me know what the council say - you may be better going in to the office and seeing them face to face by appointment - that way, they will be more likely to be of assistance - you may get fobbed off by phone
Again, my very best wishes to you - and BE STRONG with them!!
Richard
"There are no problems - only solutions..." |
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repossession
