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buzzrock
New Member



72 Posts

Posted - 22 September 2009 :  11:09:10  Show Profile  Reply with Quote
I recently posted about us having a court date next month for house possession and we are waiting for our BR forms to come through the post.
Today we are going to view a rental house through an agency but have not told them of our situation.
What should we tell them?

What would happen if we moved in somewhere before repossession? are we still liable for council tax etc?

Will the court give us a CCJ even though we will tell them we are going BR?

Never been to court in my life so I'm really worried



*~* I wish I had a magic wand *~*

Housing
Senior Member



United Kingdom
1399 Posts

Posted - 22 September 2009 :  12:16:59  Show Profile  Reply with Quote
Hi Buzzrock,

Look again at the advice I sent to the forum on the 16th in reply to your posting. Re-read it and take some comfort in what has been said about the re-possession process. Seek advice from the duty legal advisor on the day - arrive a bit early (normally you can get into the court from about 9.30 am. Your case will be listed on the wall and tou will have sufficient time to see the on duty adviser. He/she will go into the chambers with you - it is quite informal - no wigs or gowns anymore and the DJ will do all he/she can to assist you through this process.

I would sound out the agent - some are fine (I was always helpful whan I had my businesses and took on many tenants that were "honest" but had got a bit of "trouble". Some are not so understanding.

Again, I think I said go to the council offices for help. Go in person - not on the phone. When you are physically there, they are more inclined to assist you!! (I should not say that, but it is true).

Finally, keep posting and keep asking questions, there are lots of people who can and will assist you here.

Richard

"There are no problems - only solutions..."
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Jane.l
Average Member

511 Posts

Posted - 22 September 2009 :  12:36:41  Show Profile  Reply with Quote
If you are leaving your house to be repossessed and are then going to go bankrupt, there is really no need to attend the repossession court date, I didn't, this just means that a Possession Order will be granted in your absence. The mortgage company then needs to apply for a Warrant of Execution in order to go in and change the locks, by law, they have to give you 28 days notice for this. It is a very long drawn out process

yes, you are still liable for council tax, but if you move out you can apply to the council for a class C exemption for 6 months, hopefully, you will be repossesed by then

yes, you can still get CCJs whilst you are waiting, I got 2, it does not matter in the grand scheme of things if you are going bankrupt
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buzzrock
New Member



72 Posts

Posted - 22 September 2009 :  13:05:10  Show Profile  Reply with Quote
Thanks Richard and jane,

I hope the agent is as understanding as you Richard, I'm really hoping we can move in by end of October (but I really shouldn't speak too soon) and we will hopefully be BR just before we move in!

Will let you know what happens later

*~* I wish I had a magic wand *~*
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Housing
Senior Member



United Kingdom
1399 Posts

Posted - 22 September 2009 :  16:38:00  Show Profile  Reply with Quote
Buzzrock,

I really have my fingers crossed for you and your family.

Best regards, Richard

"There are no problems - only solutions..."
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buzzrock
New Member



72 Posts

Posted - 23 September 2009 :  10:30:28  Show Profile  Reply with Quote
Hi

We went to view the property last night and spoke to the agent for 2 hours!!
We told him everything and he was very helpful and said he could go through our finances with us because he used to be a financial advisor.
We know that our credit check will not be good but he said we would need a guarantor, which we do not have unfortunately

Another lady came to view it after us so we're going to ring the agent later and see where we stand.



*~* I wish I had a magic wand *~*
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Housing
Senior Member



United Kingdom
1399 Posts

Posted - 23 September 2009 :  11:00:11  Show Profile  Reply with Quote
Good luck - have you got a relative that can stand as guarantor?

Richard

"There are no problems - only solutions..."
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