Urgent Repossession Advice Needed!!!!!!

[lanesra14]

Hi all,

My bank (Abbey) began repossession hearings against us (£4500 arrears), we pay £727 per month.

Attended court 3 weeks ago and Abbey representative failed to show. Sat in front of the judge on my own and he ordered that "the matter be adjourned generally with liberty to restore", also advised that we make a written offer to the bank to clear the arrears (which we did immediatley).

Bank wrote back and stated they would continue with repossesion claiming that they HAD attended and the judgement was made in their favour.

I rang the court and asked how this could be, woman was not helpful, said she couldn't check and besides, the judgement had not yet been written out as they were "overworked". Advised that I wait a few days for the written order in the post.

Waited 1 week and still nothing. Called the court again and explained the urgency (20th June deadline!) She confirmed the case had been adjourned! And faxed me copy of the judgement to that effect.

So I thought I had a case for malpractice against the bank, until I received a SECOND judgement letter on Saturday ordering the repossession!!! Same Claim Number, different Judge.

What should I do given that I now only have 2 days to sort this out?

Can anybody help!!!!!

[gizmo111]

Can you say what the 2nd letter said exactly?

[lanesra14]

1st letter (Dated 10 June) says:

"General for of order

On the 23rd May.....

Upon hearing representative representing Abbey...and upon hearing from the Defendant

IT IS ORDERED THAT:
This matter be adjourned generally with liberty to restore
This matter be struck out if not restored the 31st Aug

2nd letter (Dated 11 June) says:

"Order for possession...

On the 23rd May.....

Upon hearing representative representing Abbey...and upon Mr...not attending.

This order has been made on discretionary grounds and the court orders that...

1. The defendant give the claimant possesstion of........on or before 20 June

2. There be money judgement in the sum of £........not to be enforced without courts permission.

[Ell-enn]

Hi there, you need to go to the court with the 2 orders and get them to establish how this has happened. I suspect that you will have to submit a N244 to the court asking for a hearing to clarify the matter and confirm your proposal to clear the arrears.

Nothing should happen on the 20th June anyway, you would need to receive a notice of eviction from the court advising what date you should vacate the property. Given the situation with the 2 judgements - I think I can safely say that you will not receive an eviction notice.

However it is important that you visit the court to sort this out, rather than do it over the telephone. They should be able to give you the N244 form you need for the application hearing - they should also waive the cost of the application as there has been a discrepancy in the court process.

Let us know how you get on with the court and we can help you with the N244 if necessary.

Kind Regards

Ell-enn

[I've got no money]

Can I just clarify - on the two court orders it will say the name of the District Judge who made the Order - is it the same or different. It sounds like the court have screwed it up.

As Ell-enn says don't panic it is sort outable.

[I've got no money]

As it sounds like the other side turned up as well. I think that you may well have to set both orders aside and have the case reheard. I would suggest that you write to the other side and enclose copies of both orders and ask if they will agree to setting both orders aside and to a rehearing.

[jannercobbler]

Mortgage Repossessions

Both freehold and leasehold owner occupation can, and frequently will, be subject to a mortgage. The mortgage deeds contain a variety of terms which usually states that when the occupier falls into arrears with the repayments that the lender has the right to evict the occupier and sell the property.

Demand for Arrears

Before legal proceedings are started, the lender will normally issue a formal demand for all the arrears to be paid. They are not obliged by law to do this, but in practice the Court will not look kindly upon a lender who has not given the occupier a chance to bring their arrears up to date.

The lender cannot evict the occupier without an Order for possession from the County Court. The Court is not obliged to grant the possession immediately and has the power to grant a suspended order for possession on condition that the occupier continues to pay current instalments and a fixed amount off the arrears.

Suspended Possession Orders - Homeowners

The Court will only exercise this discretion if it is of the view that the arrears can be cleared in a reasonable time. (Administration of Justice Act 1970, s.36; Town & Country Building Society v Julien, 1991). If it does not think this can be done, then the order will be final. This will usually be suspended for at least 28 days to give the occupier time to make alternative arrangements.

Reasonable Time to Clear the Arrears

There is no formal definition of reasonable time. Until recently, the courts had normally considered one year a reasonable time in which to clear the arrears (Cheltenham & Gloucester B.S v Grant, 1994). It has now been said that the Court should take as its starting point the full period of the mortgage. In most cases individuals would probably only need to spread their arrears over one to two years which the Courts are likely to consider as reasonable.

Need for Consent

It is really important that an occupier experiencing difficulties informs the lender . Work out how much you can afford to pay towards your arrears and put your proposals in writing to the mortgage company. The clearer the proposals, the greater the chances of success. The larger, more reputable companies do not as a matter of course, want to see occupiers evicted and the properties sold. Their money comes, after all, from keeping mortgages in existence and receiving interest on them.

I have personally helped a Friend use the above in Court (on the Day before the Balliffs were due) The Judge was going to refuse but we mentioned that we would appeal, and the Judge finally agreed to suspend possession for 3 months so my friend could sell, although they had to make some payments during that time.

regards

JC

[I've got no money]

There is a great book - published by the Legal Action Group and written by Nic Madge (he's a district judge) called defending possession proceedings - well worth reading.
Recent stats show that if you are represented at a possession hearing you have a much greater chance of avoiding eviction - as JC says if a warrant for eviction is obtained you have a chance of suspending it right up to the end. Don't forget the process is that they get an order that you leave by a certain date. You don't they then apply for a warrant of eviction. The County Court bailiff tells you its' been issue and you then apply to suspend it.

[makeitbetter]

Hi I dont know as to whether you can read the thread we had when Halifax tried to repossess our property (worth looking at) Came to this site and people were very helpful. You need to go to the court and see someone who will talk to you and give you advice, they are based there, tell them what has happened (asap) We had been told that we need not bother going to the court as we had paid most of arrears. We decided to turn up anyway and low and behold there they were. We had been advised on this site that always turn up and this is great advice.

this rep asked us whether we wanted her to come into the court with us but we didnt need it. She was so re-assuring and made us feel a lot better. These places are looking to repossess in my opinion, but having this service in court is great. We knew we had to move very quickly.

If you are on low wages you can also get free help and representation

[I've got no money]

makeitbetter is absolutely right - many courts have duty adviser schemes where free advice and representation are provided. Those advisers are often excellent and will help to avoid possession.

As makeitbetter points out legal advice/representation from Solicitors is also available, if you qualify on low income grounds. Check with the Legal Sevices Comission for the nearest Solicitors with debt and or housing franchise