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buzzrock
New Member
72 Posts |
 Posted - 12 October 2009 : 11:42:46
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we are due at court this week for house possession but are not attending the hearing, do we need to inform the court or do we just not turn up?
thanks
*~* I wish I had a magic wand *~* |
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Jane.l
Average Member
511 Posts |
Posted - 12 October 2009 : 11:54:41
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| not sure to be honest, we just did not turn up, I suppose you could just ring them and explain you will not be attending |
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buzzrock
New Member
72 Posts |
Posted - 12 October 2009 : 12:12:56
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hi jane
what happened after your hearing, does the court write to you to inform you what is happening with house and house keys etc...?
*~* I wish I had a magic wand *~* |
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Jane.l
Average Member
511 Posts |
Posted - 12 October 2009 : 12:19:57
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afterwards we got a letter saying that an order for possession had been granted in our absence to the mortgage company.
after that, the mortgage company have to apply for a warrant of execution in order to change the locks, by law from this point, they have to give you 28 days notice. They did not want keys back.
It took ages for all this to happen with us, we had moved months before, on the day of them changing the locks, I went and sat in my car up the street at 8.30am and watched them come, they were about 6 men in 3 cars, (bailiffs, someone from NR and gas/electric.water)  They bashed the locks in, turned the water, gas and electric off, put a big notice in the window and then fixed new locks on.
I shame now if I see any of the old neighbours |
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buzzrock
New Member
72 Posts |
Posted - 12 October 2009 : 12:29:06
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oh no!!! that must have been awful for you!
I wonder if they won't want our keys either then if they change the locks anyway?
Fancy bashing the the door in when they could have had your keys back!
I think we will just not turn up to court and wait for the letter then. Did you get charged court costs and can you include these in the BR?
*~* I wish I had a magic wand *~* |
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Jane.l
Average Member
511 Posts |
Posted - 12 October 2009 : 13:02:29
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yes, all the court costs etc are included in the bankruptcy
The ironic thing is, that we tried to voluntarily hand the house back straightaway and NR did not want to know unless we signed their form aknowledging that we would liable for all costs and shortfall, etc
strange
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 12 October 2009 : 14:01:55
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Hi,
I think I amswered one of your postings a few weeks ago.
If you are not going to the hearing, then you do not necessarily have to notify the court. What will happen is the clerk calls the reference and you go into the judges chambers. If you were going, the judge would ask what the lender is seeking - i.e. a possession order - then you would be asked for your position and, in all probability a suspended order would be given.
You could get an order that gives you a few more months if you attended and saw the duty solicitor/adviser on the day (that is free). However, it seems as though you have given up (and I do understand that) However, I always look to see if there is some hope - but it very much depends on what has gone on beforehand and without all of that background, it is difficult to offer advice. (I am happy to do so though if you post back).
I did send a general post a week or so ago about mortgage repossessions and a change of regulations that have come into effect. You may find that useful to look at. If you have questions, please come back.
Have you got an alternative home (I am sorry if I asked you that last time). If you have not it may be worth contacting the homeless persons section at your local council - they have a duty to advise you and in some cases actually assist with re-housing - worth a try - again I am not sure of your family composition - i.e. any health issues or young (under 18) children that you are responsible for.
Whatever happens, do not just give in - if you are up for a fight - come back and I will tell you what you can fight for!!
My best wishes to you, Richard
"There are no problems - only solutions..." |
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buzzrock
New Member
72 Posts |
Posted - 13 October 2009 : 14:25:21
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Yes we do have a rented property lined up but no moving in date as yet. (hopefully end of October)
My Dad said we could stay with him if this falls through.
The court date is actually tomorrow, if it takes 28 days does this mean we would have to be out by 11th November?
We are concentrating on getting somewhere else to live before going BR because all this is making my head spin!!
*~* I wish I had a magic wand *~* |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 13 October 2009 : 15:31:20
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Hello Buzzrock,
Its not certain that the District Judge (DJ) will give 28 days - he/she can give an outright order (i/e possession forthwith).
I have to say they tend to be more lenient when a defendent attends the hearing in person - it is very informal - no wigs, gowns etc and it is in the judges private chambers (just like an office).
Without knowing the history, it is difficult to speculate - I personally would attend, but only you can decide that.
You would have access to the duty solicitor (free) who would go into the chambers with you and represent you. (They are normally legal execs rather than solicitors), but you do not need to be a solicitor for a possession action.
If you want to "save" the house, I would go along.
If, however, you have lost all hope of saving the house, then you may not feel like attending anyway - I would say though that judges are there to assist and see fair play - lots will be "on your side"!!
Let`s say a 28 day possession order is awarded tomorrow - then that takes effect after the 28 days, BUT, the lender must then apply for a warrant for execution (to evist you). That can take another 2/3 weeks - sometimes less, and sometimes longer.
Come back if you want to ask me anything in cyber space (or anyone else that comes onto the forum) - I am simply one person with an understanding of how the legal process works.
Whatever happens, my thoughts are with you and I wish you well and good fortune
Regards, Richard
"There are no problems - only solutions..." |
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Jane.l
Average Member
511 Posts |
Posted - 13 October 2009 : 15:57:39
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| No, first the mortgage company will get a Possession Order, THEN they have to apply for a Warrant of Execution, THEN they have to give you 28 days notice to vacate by law. This is what happened to me and it took 13 months in all |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 13 October 2009 : 16:50:14
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Hi again,
The process I set out is actually the correct process.
My advice would be as I have always set out in postings is it is better to attend the hearing - that way, the DJ will have all the facts in front of them.
The order can be outright (possession forthwith)
The order is normally suspended (14, 28 or 56 are the norm)
If you adhere to the terms of the suspended possession order you will not be evicted. (I have to say to give some helpful advice on cyber is not that easy as I am not familiar with all of any posers circumstances)
If, however, after the expiry of the suspended order, a borower has NOT adhered to the terms of the order, THEN, the lender will apply for a Warrant of Execution (AKA eviction order/bailiffs appointment)
Depending on how busy the bailiffs section is - can take a few weeks (say 2/3) on average.
Whilst I cannot know all of your circumstances in cyber advice as we have not met or spoken, I would say that it may be better for you to attend - you will find the judge to be understanding - see my general post of a couple of weeks ago for the up to date position.
I can only offer you my best wishes and say the judge is not a "hanging" judge he is under some pressure as are all lenders and courts to only evict in the absolute situation where all other offers/negotiations have failed.
I am not challenging you Jane - but just wanted to clarify for buzzrock or any other visitor to this site.
Regards, Richard
"There are no problems - only solutions..." |
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qznhln1
New Member
68 Posts |
Posted - 13 October 2009 : 18:07:43
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When I went to court the Judge was very sympathetic to us - when you are there on your own and being preyed on by the Mortgage company's solicitor he will try to make sure that they do not take advantage. It was actually quite enjoyable watching them lose their rag!
In our case he gave us a further 3 months to vacate, although, we left after 1. It then took the Mortgage company (Mortgage Express) over 6 months to actually get around to breaking in...
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buzzrock
New Member
72 Posts |
Posted - 13 October 2009 : 19:24:03
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We have already decided not to go to court but thanks for all the advice.
How long will it be before we hear what happened, do they send a letter out straight away?
Can they really make a possession forthwith even though we have 3 children?
I hope not! Surely they give you time to move your stuff out?
:(
*~* I wish I had a magic wand *~* |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 13 October 2009 : 20:18:41
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Hi,
I am sorry that you are going through all of this. If I lived near you, I would go to court for you tomorrow - (I think we have established you are too far away - I am in Devon!)
The lilehood of possession straight away in the political climate is remote - but a judge has that within his gift - at the moment all efforts are being made to stop re-possessions happening if at all possible (again, sorry to labour this but you would be surprised how strong the judge would likely press your lender...)
Whatever you do, I send my best wishes to you and your dear family - you are going through such a lot and there will be a light at the end.. Do not give in to any undue pressure, Regards, Richard
"There are no problems - only solutions..." |
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qznhln1
New Member
68 Posts |
Posted - 13 October 2009 : 20:20:15
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They can make an order forthwith (they have done a number of BTL properties I had) but if it is your primary residence it would be unlikely.
The trouble is if you don't attend court you are at the mercy of what the other side request and if you are not there to defend the Judge is going to find it difficult to make a decision otherwise - who is going to tell him you have 3 children and want some time to move your stuff out?
Can I ask why you don't want to go? It really is not intimidating and the Judge will be sympathetic to you as someone who is not legally trained |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 13 October 2009 : 20:29:24
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Hi again,
Buzzrock - not wishing to lecture you or tell you how to live your life... A number of other posters have said the same as me. (I am not being precious!)
I have 30 years of experience in sales (estate agent) and lettings as my own business and as a director of Housing in a local authority for 8 years).
It really is in your interest and the interest of your family to attend the hearing - you can get the duty officer at the court to speak for you if you do not have the confidence. In the 1980`s the possession action was in the open court with the judge robed up with his/her gown. There is none of that now - chambers is just like going into someones office. The judge will want to see what your lender has done - have they bullied you and been unprofessional for example (as some do!).
The judge will listen to you - if you are not there, then of course he/she wil not hear your side of the events. This has upset me - I have 4 children (all adult) and 2 grandchildren and one on the way - I feel for you.
I have acted for landlords, defended tenants and home owners - I have been on all sides of the possession process - consider attending! (I wish I could help more) Richard
"There are no problems - only solutions..." |
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Topic |
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possession hearing
