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.
my brothers marriage is just about to come to an end
when they purchessed there house they came to an odd agreement where she paid the mortage and he took care of the remaining bills.
strange arrangement i know but even though they live under the same roof, they live seperate lives.
over the last twelve months he has been concearned about letters from debt collectors, all the time she has said every thing ok. it seems head in the sand syndrome, been there done that.
last week he asked if there was any way of finding out if there was debt on the house.
thanks to the link from CAG i went onto the land registry site and found out a charge i think from 24/12/07.
my brother has just phoned me in a panic as he finally opend one of her letters and it was from the bank
it states that the mortage has been transfered from cheltnam and gloucester to loyds bank. i allways thought same company. there is a eleven grand debt and immediate repo procedings are taking place. this letter is dated 24/06/08
i think the charge on 24/12 07 was a court hearing for suspended possession to make her pay the mortage plus extra for the arrears.
its obviouse she has ignored that and they are now comming after the house.
he asked about taking over the mortgage but as he is finance linked by association his credit rating is shot
Can he afford the mortgage payments 'and' some off the arrears as well and continuously.
If the answer is yes, then he must go to court with a complete Breakdown of his income and expenditure.
If he goes and the judge is satisfied that he can make the payments then the repossession will not go ahead but will be suspended.
Judges don't like giving possession and will do all they can unless it is obvious that the payments will not be forthcoming and there is no hope that they will in the future.
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
I was assuming that it was a joint mortgage, is this not the case?
If the divorce has not yet started, they can do it as a couple.
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
my brother and me were talking about me getting a new mortgage on the property
we all know banks repo and sell for a fraction and then come after the mortgage holder for the short fall
You will have to get her to agree to attend or there is not much you can do except plead to mortgage co and try and convince them that payments and the arrears will be paid in the future without further interuption.
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
Because the mortgage is in her name only, you're on a sticky wicket.
When you checked that land registry, did it mention your twin as an interested party, or was it just the mortgage company and his ex.
If not, under the data protection act (yeah right), the mortgage company would not be able to talk to your twins ex, without her permission. And I would have thought the courts would have the same view. It's not your twins' account.
Please correct me if I'm wrong.
Frederickson - CCA Sent 11/4/07 - Lost - Claiming back from post office
Connaught Collections - CCA Sent 11/4/07 - No Agreement - returned to client
Lowell - CCA sent 11/4/07 - No agreement - returned to client
Moorcroft - CCA Sent 11/4/07 - No Agreement - returned to client
Red Castle - CCA Sent 11/4/07 - Copy returned but no T&C's
Robinson Way - CCA Sent 16/5/07
However it is still the marital home, I don't believe they can chuck out the spouse, it is an impediment to them - irrespective of the mortgage holder defaulting. It might be best to get professional advice and protect your interests formally.
There is a question on all mortgage applications that asks "does anyone else live at the property".
Your brother would have had to sign a disclaimer unless lies were told about him living there.
The mortgage could be void if lies were told.
realy need advice now
to recap
brothers marriage is ending and mortage is in her name only
brother been kept in the dark over this but she has not been paying the mortage.
suspended possession order granted in december and again she has not been paying.
today a hand delivered letter arrived from the county court saying baliffs will be comming a week on thursday to repo the property
as my brother has an interest in the house by marriage only and still lives at the property, can they evict him to and what are his options to get this on hold to sort it out
The only way to stop eviction is for the person who's name is on the mortgage to lodge an N244 form at court asking for a hearing to suspend eviction. BUT, they will need to have a very good defence i.e. payment in full of the arrears, part payment of the arrears and a proposal to clear the rest while the property is sold (this would need to be backed up by an income and expenditure statement showing that the proposal is feasible).
If your twin is not named on the mortgage the only option I think he has is to consult a solicitor, if he has already instructed one to act for him in the marriage break up then he should speak to him immediately.
Kind Regards
Ell-enn
Help us to keep on helping
Please consider making a donation, however small, if you have benefited from advice on the forums
This site is run solely on donations
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.
He urgently needs to protect his interest in the property. This cannot be done in the face of bailiffs with a court order on the day, and needs to be short-stopped before this happens. I think a visit to a solicitor is the only way to prevent this happening, as there may be safeguards for spouses but ONLY if the original repossession is correctly challenged.
me and my brother have just been talking.
say she was to sell the property to us. if we were able to get a mortage offer and present it to her bank, would that put the repo on hold.
now the crunch
even though i have a clear credit file thanks to CAG, my brother has a default from jan 2004.
where would we be able to get a mortage in todays climate with out getting ripped off.
i am now wise to the tacticts of finance instatutions
You'd need to have a mortgage offer in writing before the eviction date and his ex would need to get a hearing to present your offer and the proof before then as well.
If it is repossessed you could make an offer to the mortgage company.
Help us to keep on helping
Please consider making a donation, however small, if you have benefited from advice on the forums
This site is run solely on donations
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.
so i take it once we get a mortage offer, this needs to be presented to the court by her. Yes she would have to lodge an N244 form asking for a hearing - if the eviction date is 24th you would need to get a hearing on 22nd or last resort 23rd which means the form would have to be lodged by end of this week.
depends if we can get the mortage offer any sugestions. I can't give you any advice on where to get a mortgage other than to find a reputable broker, but I think it's tight to get a written offer by the end of this week.
Ell-enn
Help us to keep on helping
Please consider making a donation, however small, if you have benefited from advice on the forums
This site is run solely on donations
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.
However it is still the marital home, I don't believe they can chuck out the spouse, it is an impediment to them - irrespective of the mortgage holder defaulting. It might be best to get professional advice and protect your interests formally.
I agree with this advice there is a law to protect the spouse from their partner taking out a mortgage secured loan without the other half being aware if this was a wife being removed as her husband had defaulted or inreased the loan without knowing we would all be shouting foul play - just because its a man the rights are not any different . They are not divorced yet - I think he should have rights and unless he signed some sort of waiver at the start of the mortgage surely he should have been made aware of all proceedings . He should have been named s an interested partyon the application forms
I think this needs more investigation. ~And legal advice
IMO
Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus
[IMG]http://www.consumeractiongroup.c o.uk/forum/images/icons/icon1.gif
offer from A&L 24/8/07 - after case stayed
"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery
Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus
[IMG]http://www.consumeractiongroup.c o.uk/forum/images/icons/icon1.gif
offer from A&L 24/8/07 - after case stayed
"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery
house repo/urgent
is just about to come to an end
i went onto the land registry site and found out a charge i think from 24/12/07.
Reply With Quote
Originally Posted by postggj
