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Originally posted by Blackie

A lot depends on your circumstances. The repossession and eviction laws have recently changed. If you have a young family, it could take up to a year. I suggest that you should go to the hearing to request time to find another property and leave.

However it does seem drastic that you have received a legal letter if you have missed your first payment.

All the best

John Blackadder

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Originally posted by Housing

Hi Mitsu8,

I know you have posted before, but I cannot recall what was happening the last time.

It is highly unlikey that you are going to be losing your home for one missed payment.

As Blackie has said, it seems harsh that they are threatening possession action after one payment being missed. Have you had arrears in the past and paid up?

There is a set process that lenders and the judiciary follow and briefly, it falls into three statges:-

Stage 1 - the lender issues possession action. This is normally theough an agent on their behalf. You will receive papers and have an opportunity to file a defence. Do not worry if you do not file a defence.

The court will arrange a hearing date. That is likely to be several weeks ahead. (maybe 4 weeks). As Blackie has said, you are best to attend that in person.

It is nothing to worry about. The District judge (DJ) will hear your lenders pleadings and will invite you to make your comments. S/he will see you in chambers - no wigs or gowns these days - that all stopped years ago. It is simply sitting in an office with the DJ one side of a desk and you and your lender in front of him/her. Very informal and the DJ will make you feel at ease. The DJ will be sympathetic - they are guided by the governments thinking - although will have to adhere to the law on landlord and tenant matters.

The DJ is likely to award your lender what is known as a Suspended Possession Order (SPO). It is likely to be suspended for 14, 28 or 56 days. The likelhood is if you attend yourself, the term will be longer. (That is in your favour).

At the end of the term of the SPO, the lenders agent will apply to the court for a warrant of execution. Sounds fierce! That is, in effect, an application to the bailiffs office to evict you. That can be several weeks - depends how busy the bailiffs are - can be 3 weeks - occasionally more and sometimes a bit less. At this stage (the third stage) you will have to deliver up possession.

If you have children or health issues, I advise you to contact your homelessness section at the council offices and make an appointment to see someone. I emphasise go to an appointment... do NOT be fobbed off with telephone advice. Say that you are stressed and suffereing and need them to be fully aware of the situation. That way, you are recorded as being threatened with homelessness.

If you do not have children/health issues, I suggest that you still contact the council to see what advice they can give you. They may be able to pay a deposit/bond to a private landlord - unless you make an enquiry, you will not know and you may be surprised at what may be available for you.

The law is split into advice and assitance. Advice is to all enquiries and can be as simple as here are some letting agents! Assistance is given under a statutory framework and there are 5 priority needs categories.

The council may be in a position to speak to your lender (with your consent first) and may be able to negotiate some stay so as to avoid being repossessed. The lender does not want the house to be repossessed! The government does not want you to be homeless! There may, therefore, be some way to save your home.

I can respond in cyber advice if you have any questions.

In summary, I am surprised to see a lender going for possession action so soon - i.e. one months repayment missed. You may feel that you can tlk to them - or use an adviser to speak on your behalf - i.e. the Council or the CAB. (But remember the CAB have no statutory powers, the council does).

Good luck, Richard

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

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Originally posted by Housing

Hi again,

I see the whole picture now.

I suspect they are going to start action as there are some arrears. Nevertheless, what I said in my earlier posting applies.

You have children of school age so you are almost certainly going to be in what is known as "Priority Need" in terms of housing law.

Without the risk of being unprofessional G E Money are not the best of lenders (edit that out if necessary!!). That having been said, they MUST act within the law and follow the process I set out.

I know how stressful this will be for you and your family. I have dealt with hundreds, if not more, cases over the past 30 years and have seen every situation you can imagine. (I did not ever think I was going to be BR) But, I am and we are trying to get through too!!

Back to my advice to you:

I would arrange that appointment with your homeless persons section as soon as you can - again, go to an appointment, do not leave it to "telephone advice" - be strong and assertive!!

The council will have dealt with many many cases and will do their best to assist witin the law and you may be pleasently surprised.

It seems that you have tried to repay G E Money and will still try to repay, but they are now, in my view, being very harsh. They are not social workers, but equally, you are still a customer!! They should remember that.

As to what the council can do, that will depend on your precise circumstances. Take all the correspondence with you when you go.

You can ask to be considered for a particular area, but to be honest, they will probably not be in a position (because of demands from others) to offer you any choice.

Again, if there are health issues within the family, you, your partner or the children, then mention and show evidence (e.g. Drs letters or practice nurse letters, hospital admissions etc). Anything that shows you as being "vulnerable".

You could ask the local CAB to assist you if you are not feeling up to a stressful time at the council by yourselves. I am not saying the council will be unhelpful, but at times like this, you may feel more confident with a representative to fight in your corner!!

Whatever you do, be positive, do NOT let anyone walk over you.

If you need any more general advice or suggestions, then I am happy to try to help you through the forum.

Good luck and please keep the forum updated as someone will be able to assist or simply share experiences with you, Richard

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

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