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heno
Starting Member
United Kingdom
24 Posts |
 Posted - 04 October 2009 : 14:37:34
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Hi Guys,
Can anyone give me some advice on my recent court hearing.
Both myself and the wife went bankrupt in March this year, including the mortgage in the order.
We went to court on Tuesday this week, we are approx. £7000 in arrears with Mortgage express, the Judge gave prossession with 28 days to leave the property.
The problem is we received the order of possession which stated we have to pay the mortgage co £15,000 in arears and charges.
Is this included in the bankrutpy order? or do i have to pay it to the worst mortgage co in the world?
Any Help is welcomed. |
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Daniel Griffiths
Junior Member
United Kingdom
268 Posts |
Posted - 04 October 2009 : 15:32:58
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| If you went bankrupt ie both of you in March this year then the house is no longer your problem, there was no need for you to attend court. Any monies outstanding on mortgage arrears and shortfall are included in the bankruptcy, however you will have to leave the property. |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 04 October 2009 : 20:16:59
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Hello heno
Without knowing too much about your situation I suggest, if you have not already done so, that you; seek advice from the local homeless persons unit at your council office - They may have a duty to assist you.
They certainly have a duty to provide advice - although the extent of the advice will depend upon your family composition and maybe any medical condition that you, or a member of your household may have. (For rxample if you have children of school age, an adult over retirement age or someone with a life threatening illness i.e. cancer)at worst, they could say you are intentionally homeless and do nothing than give you a list of landlords/agents. (If they do that you can challenge the council in the county court) However, from what you describe time is running out and time, is of the essence in these matters.
See my post from last week about homelessness - it may be of some assistance, I simply describe new regulations that have come into effect.
In terms of how long you are likely to have in the property, I see you have a 28 day SPO and then upon expiry Mortgage Express will through their legal advisors, apply for a warrant to evict you - average time is about 2/3 weeks - depends how busy the bailiffs section is.
I wish you well - did anypne attend the court with you (to give you advice)?
regards, Richard
"There are no problems - only solutions..." |
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heno
Starting Member
United Kingdom
24 Posts |
Posted - 04 October 2009 : 22:21:16
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Daniel,
That's what i thought. i'll contact OR' office in the Morning.
Thanks for the reply. |
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heno
Starting Member
United Kingdom
24 Posts |
Posted - 04 October 2009 : 22:52:34
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Hello Richard,
Thank you for you kind reply.
I've already been to see my local Council's housing options department and they've been very helpful. I've been speaking with them since March. They have classed my family as Homeless, I'm bidding for houses and searching for private landlords.
The court - we took plenty of advise from this great site, CAB and other free advise centers
We used the duty solicitor on the day, who was has useful as a chocolate fire guard, 3 mins hearing for 20 years of hard work taken away!
Thanks again for your kind words
Best wishes
Dean. |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 04 October 2009 : 23:04:31
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hello Dean
I am glad that you have been in touch with the local housing authority - it seems that you may well be in line for a home under the scheme called "Choice Based Lettings".
A shame about the duty solicitor - they are normally OK - more often than not they are not solicitors, not that that matters - I was not a solicitor, but am very aware of rights and the law on amongst other things, housing law - I have represented tenants, mortgagees as well as the other side too - landlords and as an agent - all my worl was pro bono - silly really, I could have charged a good fee - it was my way of assisting people in trouble!!
I worked as a Director of Housing for 7 years before i set up my own business - sadly that failed, but I do try to offer free advice where possoble to people - you would be surprised of the number of people who do NOT exerxcise their rights.
I really hope that you and your family are re-housed in a nice home soon and the stresses and strains will reduce ande be behind you.
Post if you get somewhere and if there are questions that I can assist with, please post here - I look on this site most days, Regards, Richard
"There are no problems - only solutions..." |
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heno
Starting Member
United Kingdom
24 Posts |
Posted - 05 October 2009 : 21:10:25
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Hello Richard,
I'll let you know what happens, hopefully they get us sorted sooner rather than later.
Best wishes
Dean. |
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heno
Starting Member
United Kingdom
24 Posts |
Posted - 15 October 2009 : 00:12:57
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Hi Richard,
Just a quick update as promised.
My local council offered my family a new home, we move in two-three weeks time.
The housing options team have been amazing, Ok it's their job, but still they have pull out all of the stops for us and we are truly grateful.
Best wishes
Dean.  |
Edited by - heno on 15 October 2009 00:14:58 |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 15 October 2009 : 09:22:26
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Dean,
I am so pleased for you and your family and wish you well in your new home.
I thank you for posting back and that this will encourage others who are facing difficulty with housing see that their local Council is there to assist people in need.
Good luck, Richard
"There are no problems - only solutions..." |
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Topic |
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House repossession Help!
