About to have a hearing

[Willy Wonker]

I am applying for a hearing today with the help of Ell-enn, eviction is 11am on Tuesday next. As you can imagine I am scared out of my wits!! I have applied for a suspension in the past and got it based on the fact that I had a buyer. However when the val was done there wasnt enough to clear the mortgage (negative equity!)....BSoc obviously didnt believe the val so asked for warrant to be executed. Judge sent them away to get their own val if they didnt believe me...they did...same as mine. Back to Court, different Judge gave them possession...in his words "they must be allowed to control the sale because of negative equity". Consequence...I'm out on Tuesday...with 3 children!

I know whats likely to happen now....they will sell at well below what I have an offer for so increasing my debt by at least double....I will have to go bankrupt as I have no chance of repaying such a huge debt. Now the point I wish to get across to the Court when I appear in front of them is this.....in this area (I have checked statistics) houses around this value are on the market anywhere up to a year....12 more mortgage payments.

I can simplify this for the BSoc...
They control the sale to my buyer but while I'm in situ....if the house is vacant, the buyer is more likely to try his luck and drop the offer by about 20k (I know I would!).....whilst I'm still here at least they are still having some payments towards the debt.

My circumstances have changed over the last 2 years which has resulted in the arrears situation, but gladly, health has improved sufficiently for me to return to work (did mid May) so can afford the mortgage now,but understand why the BSoc want me out because of the huge arrears and they want to prevent them increasing.....a trap they are walking straight into by marketing a repossessed property rather than an occupied property.

Anyway, I've rattled on enough.....I know I have the support of Ell-enn and the statement she has prepared is so good,but any pointers on how to conduct myself in front of the Judge and the BSoc so that I dont fumble it and lose it on performance.

Thanks in advance for any pointers!
WW

[vickson]

Hi Willy

I know how you feel at the moment, I was in court last year to suspend an eviction and I was late for the hearing, I got to the court and was told the lenders solicitor was just leaving the judges chambers, Imagine how I felt. anyway I was called in 30 minutes later and i can tell you my heart was beating 6 times faster, the judge said he had decided to suspend eviction for 3 months while payments where maintained.

anyway My point is the judge will have probably made his decision based on your statement so what you need to do in court is stick to the points dont ramble and be confident, I know its hard I was almost wetting myself at the thought that an eviction may have been granted in my absence.
Am due in court again next week, and am scared stiff, but I will go in and make my point heard,

Oh and another thing : arrive early.
Best of luck .

[Willy Wonker]

Thanks for the support. Good luck with yours, fingers crossed.
Although I am hopefully going to be able to pay a third off the arrears before the hearing I am still worried that they will order against me.
However, the only thing I can do is try!!

[Bona]

I had a number of hearings do as vickson says keep cool as ;ong as there is hope that you can eventually pay it of Im sure it will be fine

[Ell-enn]

Hi, I know how nervous you are about this hearing - but you really do have positive points towards securing a suspension;

You can pay a third of the arrears before the hearing
You have a job and can pay the mortgage payments and an amount towards the arrears each month
You have young children in the property

It is important that you try to gain a suspension so you can keep control of what happens to the property - if you can remain there while the housing market improves and you can sell for a price that will get you out of the mess, then that is the best thing to do.

Everyone feels nervous about their hearing - it is the fear of the unknown and not knowing what the outcome will be. All you can do is give yourself the best chance you can of getting the right decision, and I believe we have done that.

There may be a duty solicitor or CAB representative in attendance at the court on the day who would be able to come into the room with you. Check it out by ringing the court.

Stay positive and get the application in asap in order to get a hearing before next Tuesday!

We can cover how to conduct your defence in the hearing once you have a date.

Kind Regards

Ell-enn

[vickson]

Hi Willy Wonka

Have just been thinking about you and hoping that all went well at the hearing.

[looloo200]

good luck. thinkin of you

[Willy Wonker]

Thanks everyone!! The hearing is at 9.50am tomorrow morning (eviction for 11am).
I took part in the BBC programme 'The One Show' today. They are running something on repossessions. Mentioned CAG.....hope they keep that bit in as everyone has been great (Especially Ell-enn!!!)...
I'll post the outcome tomorrow....hope it goes in my favour but its down to me now and my ability to convince the Judge....need to do this for my kids (youngest started self-harming last week....could it be a cry for attention??? I have been pre-occupied the last few weeks!!)
fingers crossed....thanks for the support!!
WW

[42man]

The very, very best of luck Willy....be strong...

[honey5]

good luck, thinking of you this morning, keep your chin up

honey x

[jaxads]

Hope all goes well. Best of luck!

[Bona]

Thinking of you

[vickson]

Good Luck Willy Wonka.

DO let us know when the show is gonna be aired, If its already been on telly I can watch it on bbc iplayer.

[Willy Wonker]

Thanks everyone for the support but unfortunately I lost.......Judge also dismissed my application for appeal. Am going to appeal to the circuit Judge but struggling to get a solictor who wants to take this on. I came back to the house to meet the bailiff who had moved onto another appointment. The estate agent was here (very nice really)...he was aware that I intended to appeal and had been instructed not to change the locks as yet. His view on it....stupid!!! I have an offer for the sale at 200k, he will achieve 160-170 or it may even go to auction......bankruptcy here I come!!!!
Oh well, enough moaning. Have work to do!
Dont know when the programme is going out but they have said they will keep in touch and will tell me when its being aired so I will let you all know!
Thanks everyone!! Hopefully I'll be able to contribute to the site in future and return all the help I've had!
WW

[Bona]

Dont panic find out where the nearest Judge is sitting as for an order under the Law and property act section 91 for an order for you to sell you to have conduct of the sale tell him and show him proof od the offer I can quote you case law but im not prepared to put in on the site I have PMd Ellen with my phone number you can use it I will Pm you my mobile as well
You can do this We did

[Bona]

In any appeal ask for an order that you have say 4 months to sell the property yourselve under the law and property Act section 91 quote case aw Palk -v- Mortgage services this says that the fact that the mortgee is repossessing the proerty to evenyually sell does not not prevent an order being made for the sale by yourselves and Cheltenham and Gloucster PLc -v- Kruasz 1997 this says that even though the mortgage was more than the sale price the sale should be conducted by the mortgagor ( you ) this was set out in a Judgement of Lord Justice Neauberger on the March 9th 2005 when he sent the case back to the High ourt for the order to be made and it was quote what youy like

[vickson]

Hey Willy

I am in exactly the same situation but ned to ask you: had you paid off a third of the arrears as you said, I am in a position to do this but not sure now, beacuse if I pay this and get evicted it is money that could be used to find rented accommodation somewhere.

[Willy Wonker]

Hi, I hadnt paid the 10k off the arrears as it hadnt cleared into my account but had proof that it would be available within the next few days. From their point of view, I could promise to pay it to get the order suspended and then not bother to pay it, so in answer to your question I think it would have helped for the payment to have been made. It would certainly have shown committment. I, like you though, was conscious of handing over so much money on a gamble that I would get the result I wanted as it will go a long way to getting rehoused.

Take all the advice you can from those on here and if you can take a solicitor then do so it could mean the difference between winning and losing. I left it far too late to get one sorted but if you have the time, get the professionals involved. My Building Society sent a solicitor who was like a real viper and you need someone equally as good to fight your corner.

I will update on further developments as and when......currently homeless!!
One interesting point...the bailiff told me I was his 8th eviction today and he has 4 lined up for tomorrow......sad times for alot of people!!!
WW