Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Last week Friday, bailiffs on behalf of the Northern Rock took possession of my home. Without going into too much detail, my total mortgage arrears were £4,200 and had submitted an N244 requesting time to pay as I had found myself in an unique financial position of receiving a payout from a former employer on 26 April, which would have cleared this amount entirely. I had documentary evidence that this money was being paid to me, however, they went ahead and took possession.
Shocked and totally unprepared for that decision, I left with what I could carry. The locks were changed and a yellow notice put up in the window. The problem I am writing here about is the estate agents, Connells Asset Management Group (CAMG) who managed the repossession are delaying allowing me access to remove my personal belongings. The local estate agents arm of Connells say they need to arrange a "housesitter" to stay with me at all times, but they are oh so busy with lettings, sales and viewings no one can spare the time! CAMG won't work on Saturdays and I have asked them to be available next Tuesday. I had secured a removal firm and storage facilities for Saturday and now waiting confirmation for Tuesday so I can re-arrange things, but no one is returning my calls or emails and the Northern Rock say it is for their representatives to co-ordinate.
By the way, I am single with no family nor close friends except a caring work colleague who has put me in her son's bedroom. I have always worked, be it in well paid or very poorly paid, but I have worked for everything I had, including the home I tried my hardest to fight for and am so bitterly disappointed in how my life has turned out, but want to close this chapter and welcome your help on this.
I don't know if I have any rights at all or this is purely discretionary on the part of Connells to allow me access, but don't know where to turn from here. Has anyone gone through the same thing, how did you resolve it. Would anyone know my rights on taking this forward? Many thanks.
Hi there, I am so sorry to hear you have found yourself in this postition, especially as you were able to show you could pay the arrears. Have you contacted Shelter? they may be able to help, I understand they have a lot of influence: This is from their website:
Anyone struggling with the cost of their mortgages or with any other housing problem should go to www.shelter.org.uk or call Shelter’s free housing advice line on 0808 800 4444.
Last week Shelter published a five-point repossession action plan, urging the Government, FSA and mortgage lenders to set up an advice service to help homeowners. It also includes:
The Government must urgently improve the current inadequate state safety net for homeowners in mortgage difficulty and consider the Joseph Rowntree Foundation’s Sustainable Homeownership proposals (SHOP) as a first step forward.
The Financial Services Authority must take stronger action against irresponsible sub-prime lenders, following evidence that they are allowing customers to take out loans beyond their means and quickly jumping to repossession, rather than using it as a last resort.
New advice should be issued county court judges, so they can play a more powerful role in deciding whether a mortgage lender should repossess a property.
A national mortgage rescue scheme should be set-up, offering homeowners in mortgage difficulty the benefits of flexible tenure, without the drawbacks of many privately run schemes.
Please let us know how you get on.
Kind Regards
Ell-enn
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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.
Put a complaint into Connells immediately and contact the court regarding this, you are allowed back WITHOUT a 'housesitter' in 14 days of the reposession, after that you need to have a housesitter. I went through that and the housesitter was an Italian girl who they paid £15 an hour for... she just sat in the middle of the room and said she was there to see I didn't remove any 'fixtures and fittings' nor materially damage the property. She took before and after photos.
My repo was handled by Countrywide and their [EDIT - PLEASE REFRAIN FROM PERSONAL ABUSE]s were very unco-operative. They said I wasn't allowed to go back in for 48 hours, and all I had were my clothes I was wearing, the bailiff got my medication for me.
It's all part of the cycle of events to get as much money out of you in 'post repo' charges that they couldn't get by fair means. You should also consider asking the court for an emergency rehearing as you have the means to pay the arrears.
Repossessed by Northern Rock
on behalf of the Northern Rock took possession of my home. Without going into too much detail, my total mortgage arrears were £4,200 and had submitted an N244
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