Can i clarify something regarding re-possesion?

Gregg500 · 23rd June 2008, 15:01

I am in a position where i am due in Court for the repossesion hearing in about 10 days.
I have had the place on market and had a buyer, who pulled out about a week ago, which was a real blow as the solicitors had said only proof of exchange would stop proceedings.

As an aside the flat is on market and even current climate, should sell quickly. I had a viewer saturday, who is coming again tonight. I have a reasonable (15%) deposit on the property.

I guess, what i am trying to see is if there is anyway i can get the lender (abbey) to postpone the hearing...maybe with a re-payment plan?

I am just trying to buy time as i think that very quickly i can get postive action regarding a sale (this is not wishful thinking)

Needless to say, i am extremely stressed

OLIVE.FAMILY · 23rd June 2008, 17:24

Hi there,

Sometimes you can get the lender to accept a paymant proposal. If you write to them with an income and expenditure for enclosed as well they may accept it. If they dont then you can show the judge at the hearing that you have made an attempt to come to an arrangement and the bank is being awkward.

Ell-enn · 23rd June 2008, 20:14

Hi there, jut a few questions so we can advise you further:

are you in a position to make a payment arrangement?
have you been making any payments recently?
how many months arrears are there?
did you return the defence papers to the court?

Kind Regards

Ell-enn

Gregg500 · 25th June 2008, 15:50

I am about 3 - 4 months overdue. I received a letter from Eversheds about 3 weeks ago dated April that they had applied to the court. The following day, i received another letter dated correctly with a court date (next week). I have not recieved anything from Court which i thought was odd.
I can afford a repayment plan. I have the property up for sale and had an offer that was close to exchange until she pulled out last week. I naively thought if i had an offer on table, the proceedings would be stopped.

The solicitor who was going to deal with conveyancing initially wrote to eversheds about sale. They replied that they would only cancel if we exchanged contracts.

The closer this gets the more nervous i am. The biggets issue with the property is not losing it (its up for sale as mentioned) its more that the deposit and equity (there is still some) is basically my short term future. Without dragging on, i have been forced to pay my mothers mortgage on top of mine for about 16 months and its been hell. I've had to put hers before mine as how can you let your 72 year old mothers house be at risk?

I work and am reasonably well paid.

Do these websites that say "We stop repossesions" actually work? I see there is some of these that arent lenders

Ell-enn · 25th June 2008, 16:09

Hi there, you will get all the help and advice you need to fight the repossession on this site, without having to pay a fee to, or undersell your home to, one of these "stop repossessions" companies.

If you are able to show that you have an income which will support your monthly payment + an amount towards the arrears while the house is being sold you should have no problem in getting a suspended possession and theer is some case law we can use for your particular situation. I have been involved in helping people in much worse situations than yourself - even on the day evicition was due to take place - and they have kept their homes.

Did you return the defence papers to the court? If not we will need to work fast to get them completed and into court asap as they should normally be filed at the court at least 14 days before the hearing. DO NOT FILE ON LINE as it is too late to trust that system. You need to take them to the court. I can help you fill them in, just let me know when you are ready to start and I will draft yo a statement for Part 27 of the form which is the important part the judge will use to decide on the outcome.

Kind Regards

Ell-enn

Gregg500 · 25th June 2008, 16:12

That is extremely kind of you.

As mentioned, i have not recieved anything from the court. The only notification was from eversheds

Ell-enn · 25th June 2008, 16:18

Hi, in that case you need to telephone the court ASAP and ask them if they have a possession hearing listed for you for that date. Did Eversheds give you the name of the court?

It has been known for court papers not to be delivered, although it is unusual.

Ell

Gregg500 · 25th June 2008, 16:32

i will get straight onto it and let you know

Ell-enn · 25th June 2008, 16:39

OK, once we know what we're dealing with we can make a start on defending it.

Ell

Gregg500 · 30th June 2008, 10:39

OK, i have the forms back. I have to say that as the time gets near (its actually next wednesday) I am getting more and more jittery. Not had stomach feelings like this since i was at school)

My solicitor dealing with potential conveyancing has supposedly written to lender requesting payment plan. However, she has not responded to my mails for about a week, so not sure if she has done and/or got a response. I am clinging to hope i can avoid morning in court.

I guess i need to get this form back asap?

Any tips?

Ell-enn · 30th June 2008, 11:15

Hi there, you need to get the form to court asap. Do you have a repayment plan in mind? i.e. how much can you afford to pay towards the arrears on top of the normal monthly payment? What payments have you made recently?

I can draft a statement for Q27, once I have a bit more info.

Kind Regards

Ell-enn

Gregg500 · 30th June 2008, 12:53

I can afford to pay extra. It just takes better financial management on my behalf.
I receive a large chunk of my pay via bonuses from projects. I need to input the figures before I can put a figure.
The reason for current problem is that I have been forced to pay mothers mortgage on top of my own for about 18 months. I also pay maintenance for my two children.
I have a slight concern that as I am trying to sell and selling is my way out of this problem, it may be deemed that actually taking the property away is doing me a favour. The issue for me is that there is a reasonably hefty deposit and some equity in mortgage and being honest, that is my main concern for keeping property. This is as opposed to being homeless etc as moving into mothers home which I pay for is definitely the better option

Ell-enn · 30th June 2008, 14:57

Hi, I have to go into a meeting now, I'll be back to you as soon as I can.

Ell-enn

Bona · 30th June 2008, 16:32

Keeping your property has to be the best option if they repossess you will be paying a shortfall for years sugest you keep trying to sell and we will try to advise you on the best plan to put to the court

Ell-enn · 30th June 2008, 16:42

Hi, once you have a monthly figure you can afford towards the arrears let me know and I'll finalise the statement.

Kind Regards

Ell-enn

Gregg500 · 1st July 2008, 10:48

Hi, I hadnt seen the last two responses. Thanks again for help.

Is £150 p/m considered an acceptable figure for arrears of around £3k?

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