Just a quickie... Given the long term health needs of two members of your family, you may be eligible for the mortgage rescue scheme, which might allow you to be able to stay in your home. Worthwhile making an application (if you haven't already done so in the past), to see if there is any assistance available now your circumstances have changed.

Unfortunately sometimes the help is being told to get a solicitor. The all monies charge is a clause in all your borrowing from the same bank - since it was a business loan/overdraft you are not protected by consumer laws. My concern is that despite my statement being in writing, you haven't been able to work out that the statement you query is directly related to the statement before that, which talks about the 'judge'...I could have said he/she, but it is common parlance to use 'they' instead. That, to me, is a simple thing - and I am telling you that challenging an all monies charge is NOT a simple thing - so I think that you should see if you can find the funds for a solicitor, not to do so is a false economy. The alternative, as I said, is to hope you get an experienced judge. Or, again alternatively, do some research on all monies charges and challenges in court - you can start a BAILII.org for case law searches.

It's a business loan, so you don't have consumer protection. As I said, a solicitor is your best bet. It is your choice whether to take the advice or not. You are not in a position to bargain, nor is the judge in a position (he/she will have no jurisdiction) to reschedule your loan or the repayment period. They may be able to agree repayment in the seven years as that is what you were told previously - so long as you have written proof of this. A very experienced judge may take the view that he will give you longer - but he has no jurisdiction to do so (but it is unlikely a bank will appeal such a decision so long as they receive the monies) - but you cannot guarantee getting such a judge on the day of your hearing, you may get a deputy who is still doing everything strictly by the book. Not finding the money for a solicitor may turn out to be an expensive mistake, but there is nothing stopping you from negotiating with the mortgagee to see if they will agree your proposal.

I suspect the housing association will want paying for the rent between the time you handed the keys to the bank and the time the property sells. I suggest you check what liabilities you still have to the property - whilst you handed back your purchased share to the bank, you can't simply hand back a tenancy agreement, which you have for the remainder share, usually rent remains payable until the sale has completed. Once all liabilities are settled, you'll be entitled to anything that is leftover. The mortgagee will take their disbursements and costs, not just the £17k you think you owed them at the time of handing over possession.

The mortgagee does not have to deal with you, but you have been aware of the issues since last March, so clearly they have been keeping you informed. As such, when the court papers arrive, there should be a set for you and a set for the LL. You send in your defence (you're a tenant with a valid tenancy agreement), and the court will take that into consideration. There is no guarantee that the court will grant an outright PO, the LL may clear the arrears before the hearing, or may come to an arrangement with the mortgagee to repay over a period of time. If that's the case, then your tenancy agreement will continue. If a PO is granted, and the court allows you the additional two months in the property - then you will probably be ordered to pay your rent over to the mortgagee (I am surprised the mortgagee hasn't already instructed receivers and had the rent collected by them - this would be the usual route with a BTL). Try not to worry - if you are hoping the council will rehouse you, as soon as you have the notice of eviction (if a PO is granted), they will start to look at your application.

Accelerated proceedings are not for s8 notices. A s8 notice on ground 8 only has to be served 14 days before LL can apply for a hearing (on day 15). An outright PO will be granted if all paperwork completed properly, and LL can ask for a forthwith order - which means immediate. If the LL requests HCEO enforcement and is given permission to do so by the judge, then eviction can take place immediately (usually the next day). OP you are putting yourself in a no win situation. You state you couldn't afford the additional payment towards arrears and instead of making a new arrangement that you could afford, you decide to stop paying rent entirely and then want to use the law to protect you. It won't, you're in the wrong - and if the LL completes his paperwork and crosses all the t's and dots all the i's you'll be out within a few weeks, and you'll have a money judgment against you, which HCEO can also enforce by seizing your goods. A CCJ will also affect your credit and almost certainly make it far harder for you to get another private rental.

Paying off the arrears in full will result in an adjournment with liberty to restore. This is because the claim to the court was legitimately and appropriately made for arrears accrued. The liberty to restore will usually be for a period of one year less one day, and thereafter new proceedings will have to be started. During the period of LTR any arrears accrued can be taken back to court instantly. Highly unlikely a claim based on the information contained in the original post in this thread (and subsequent information) will be dismissed, though a request can be made for the LTR to be less than a year.

As suspected it's an all monies charge - you will need to see a solicitor, because this type of repossession isn't the same as the standard ones that are usually dealt with on this forum. It's not an impossible fight, it's just a slightly more difficult one than usual (there is caselaw and statute involved) and the court still has the power to suspend or adjourn a respossession. Use a SOLICITOR not one of the many repossession claim companies that advertise online (or anywhere else), most of them don't know anything but the straightforward stuff. In preparation, do an income and expenditure form, show what you can afford to pay and how long it will take to pay it off (I noted the bank allowed 7 years, which is quite a lot for an all monies charge which is payable on demand). For others who may read this thread: NEVER have all your borrowings lodged with one bank - virtually every type of credit agreement contains an all monies charge of some description, which means if you default on one credit agreement, if it's non-secure, it can become secure, and every penny owed to the bank can become repayable. Spread your borrowings out.

Voluntary repossession is still a repossession. You were asked, you need to declare it, otherwise, if it comes to light that you were asked and omitted a response (which the broker will have taken as a 'no' and undoubtedly put that on the paperwork which you will sign and declare as the truth for your application for the monies), you will have obtained your mortgage by fraud, which is a crime. Is it really worth it? Tell the broker that a former property was repossessed - it might have an effect, but better that than risk an issue in the future.

Sounds like an all monies charge to me. Redact personal information from the claim form and PoC and post them up.

OP still hasn't bothered to state which type of tenancy he has. It's ground 9 if an AT. Ground 16 (1985 Act) if an ST.

Dependent on the type of tenancy - yes. The OP's ex obviously wants to be rehoused - it was probably an agreement of being removed from the tenancy agreement for the four bed, that he would be rehoused, and the OP would also be rehoused as she would then have a tenancy by succession/assignment (the latter probably), and therefore under-occupany could be used to reclaim possession, the only criteria being that 'suitable' alternative accommodation is offered: for a single person over 35, this would mean a one bedroom property. The social landlord would be grateful to get a four bed house in return for renting two one bed flats (though of course they have to have two one bed flats first - and these are scarce since the decrease in housing benefit). Lots more that could be said re 'suitable' etc. but until OP states what type of tenancy she/he has there isn't any more than can usefully be said.

Midland Heart is a social landlord, which means that they can take possession proceedings for a property that is under-occupied. Advice needed depends entirely on the type of tenancy the OP has. Some of the advice given (particularly in relation to secure tenancies) is wrong.

You were probably in court 3? Court has had six judges sitting over the past few days rather than just the usual four downstairs (there are two upstairs too, but I don't imagine you were upstairs). If you were in court three, then she was probably a deputy district judge just sitting in the red chair instead of the blue one lower down (which is where the deputy usually sits in that court) - either way, it's treated as chambers rather than 'court'. Sorry it was scary - I should have forewarned you that if it was in that court it would seem a bit different to how it usually is. Without wanting to contradict the DS, if he really said that the legal fees were fixed, then he's wrong. That is true for costs in some rental possession proceedings, but not in mortgage possession proceedings as the costs are a contractual issue, not a legal one. You CAN challenge legal costs on a mortgage, but ONLY if they are unreasonably high. E.g. approximately £600 for possession proceedings is about average - if they're as high as £1000 or more, for issuing paperwork and attending one hearing, then they are too high and you can ask them to break down the cost for you - which you can then obviously challenge if they say they spent 20 hours completing the court form for example as at best it would take 2 hours. Hope you manage to stick to your payment plan this time - but if not, seek help before it gets to the eviction stage! Best of luck - and you're welcome to the help, it's what we're here for.

Chase up your judgment from the court and then write to Halifax to complain and include a copy of the judgment pointing out that if they want to claim their legal fees, the order states they must apply to the court first.

Excellent news now that it's all been rubber stamped. (DS is an associate, not a contact. Glad he was able to be there for you today.)

Shouldn't depend on the area - it's part of the CPR.

A s21 notice validly served, can be processed through the courts via the accelerated possession route, which can take as little as two to three weeks after the notice has expired. HCEOs are not routine, but they are being increasingly used because LL's are requesting such in court. Many older DJs will not grant this and will state the LL has to use the court bailiffs, but many younger ones will agree HCEO enforcement. There is no way to tell whether a judge will agree or not until the request is made. So no, OP has a minimum of two/three weeks following expiry of the s21 notice if HCEO is requested and granted...but could have as much as several months if her LL is an idiot and has served the paperwork incorrectly, or doesn't know about accelerated proceedings, and the court allows exceptional hardship factors to extend the date of possession.

They are the government sponsored duty providers, which means they provide advice on possession proceedings, be that rentals or mortgages.

QualitySolicitors Talbots are the providers of the duty scheme at Dudley County Court, 0800 118 1500.

Excellent news re the cancellation of the eviction. Not sure you'll avoid the legal costs as the action they took wasn't unwarranted - you were in arrears and they applied to the court legitimately to execute a warrant on the old suspended possession order. But there is absolutely no harm in asking the DS to request that - you might be lucky depending on which judge hears the case. Lee, make sure you arrive at least 30 minutes before the hearing as I told the DS that you would be there by 9:30 am.

Please remember to bring all your paperwork with you.

Thanks Ell!

I have it. If you can make it to court for 11:30 am, I'll make sure someone will see you. Don't come before this time however as it's a possession hearing day and given your stay app isn't listed until Thursday I can take a guess that the stay list tomorrow is full...hence coming in before 11:30 will mean a long wait for you as those with hearings tomorrow will have to come first.

If the execution of the warrant was applied for after 7th November 2013, then it was after the six year period and the mortgagee should have made an application to the court to ask permission to execute the warrant...it's an arguable point in law. As I think I said in an earlier post - the court would have been unlikely to refuse it given that your arrears had increased. If the arrears were paid in full before Thursday then there would be no valid reason for possession - however, I don't think you necessarily need to do this - please wait and speak to an adviser tomorrow and let them have a look at all the paperwork (remember to bring it all with you - it's important to see where exactly you missed payments so statements are important too if you have them). If you can, private message me your name.