Jump to content

Showing results for tags 'possession order'.

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • The Consumer Forums: The Mall
    • Welcome to the Consumer Forums
    • FAQs
    • Forum Rules - Please read before posting
    • Consumer Forums website - Post Your Questions & Suggestions about this site
    • Helpful Organisations
    • The Bear Garden – for off-topic chat
  • CAG Community centre
    • CAG Community Centre Subforums:-
  • Consumer TV/Radio Listings
    • Consumer TV and Radio Listings
  • CAG Library - Please register
    • CAG library Subforums
  • Banks, Loans & Credit
    • Bank and Finance Subforums:
    • Other Institutions
  • Retail and Non-retail Goods and Services
    • Non-Retail subforums
    • Retail Subforums
  • Work, Social and Community
    • Work, Social and Community Subforums:
  • Debt problems - including homes/ mortgages, PayDay Loans
    • Debt subforums:
    • PayDay loan and other Short Term Loans subforum:
  • Motoring
    • Motoring subforums
  • Legal Forums
    • Legal Issues subforums

Categories

  • Records

Categories

  • News from the National Consumer Service
  • News from the Web

Blogs

  • A Say in the Life of .....
  • Debt Diaries

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Location

Found 8 results

  1. I would really appreciate any help with this. I live in London and have a spare bedroom some of the time. I don't want a permanent lodger but was thinking of renting it out on an occasional basis through crashpadder. I am in receipt of housing benefit and obviously would declare the earnings from this, but cant find any information on the legal implications of doing this and do not want to get into trouble with them. Does anyone know where I would be able to get more information?
  2. We have been fighting the bank regarding a 2nd charge on our properties. They ae currently seeking repossession (already had one adjournment as we were and still are negotiating!!). The question is this: We are unable to offer the full amount, however, we have been given an indication by a mortgage lender of what we can re mortgage for. We have offered this value in full and final settlement ( approx 72% of the total amount owed). We have stated that we will not process a mortgage application until we know if this would be accepted, to save unnecessary costs etc. There reply was for us to agree to a 28 day suspended re possession order as part of any agreement. But if we do this, is there not a part of the mortgage application process which states that if we do not declare this repossession order, then the application could be classed as fraudulent ?, OR if we do declare it, it would potentially disqualify us from making a successful application? By the way, they want us to agree to this prior to our newly arranged repossession hearing of next week, even though this agreement was only proposed this morning!! Help!!!! Any advice or suggestions are most welcome
  3. I hope somebody would be able to assist me with this. A couple of months ago the money I was getting from DWP for my mortgage stopped (I am on JSA income-based) and I started racking up my mortgage arrears. Up until then I was able to keep up with my full repayments with some help from "external sources" (mainly friends). When that happened, I did contact the lender to let them know that I'd be able to pay the interest on my mortgage, but nothing else as I couldn't afford it. Even though I spoke to them on numerous occasions and they verbally accepted that I am going to pay less (though I never thought of asking them to confirm anything in writing - silly me!), about 3 months ago I received a demand letter to pay ALL the arrears, the whole mortgage (around £115,000) or else. I did contact them then to let them know that at the present time I cannot afford either and that the money I get from DWP barely covers my most urgent needs, though I am able to pay the interest. They didn't budge and after that I received a solicitors letter giving me 15 business days to either clear the arrears or pay the entire mortgage, otherwise they will apply for possession order. As I wasn't happy with the way I was treated (their stance hardened significantly after I received the demand letter) I made a complaint to them. They did respond, though quite late and did not address my points. In the meantime I received my court papers and found a solicitor which I paid to represent me in court. I was advised to complain to the ombudsman as they haven't followed the action protocol and that is how we were able to adjourn the hearing for the start of next month. Unfortunately, I can't afford to pay any more solicitor fees and I am on my own with this (no legal aid as I don't qualify). What I am not clear is what happens if I have to make a court appearance and there is no decision from the ombudsman? Is the case going to be adjourned again? Similarly, if my complaint (about the lender not following the protocol and not treating me fairly) is upheld what then? Do we start from square 1? Is the judge likely to dismiss the case on the basis that they did not comply? Also, if the ombudsman sides with the lender, I guess I am stuffed and there is nothing to prevent them from getting possession of my property, is that correct? Many thanks. -==-
  4. Hi Folks This is a very long and complicated case, however, I shall keep this to the technical argument I am trying to compile is regarding non-service and setting aside the default judgment. Any information would be much appreciated as we have applied for an adjournment pending FOS complaint into conduct and charges of the mortgage company, but the judge has not granted adjournment and struck out applicatiion to set aside due to not being served "promptly" but I have to submit to him a copy of the compalint plus a defence out of time for the accounting only? The judge has not considered all the facts, partly because we never get the opportunity to explain them and partly because the bank lie! Please is anybody able to confirm whether it is automatically a mandatory set aside when service of court papers is at the last known address, knowingly aware that the customer is out of the jurisdiction and confined to a hospital bed? Thereby not physically in the jurisdiction and definitely not going to receive the papers to deal with them? Secondly, having been provided with a representative to handle affairs whilst in and out of the country, in possession of their name, address and telephone number and they did not make contact with that representative, does that also make it against pre action protocol and CPR6 and thus non-service and should be set aside, regardless of time? Not to mention that despite being in hospital and having a representative, they did not get a reply and nobody turned up in court to defend, it could be easily concluded that they did not receive the papers? Thirdly, if the above happens, is it then fair to use the set aside not applied for "promptly" rule and refuse set aside two years later following lots of problems with mortgage company when it quite clearly is not fair; and on top of that there were disputed arrears and a concession in place at the time that the possession order was applied for and none when the warrant of execution was applied for, they had been paid, albeit that this was in dispute and therefore, the set aside should be granted on the fact that the arrears were satisfied? Fourthly, when the arrears of the original possession order are satisfied, why can they continue to resurrect it for any reason or amount, even disputed charges to go for eviction? I have Fairways v Palmer, set aside due to defendant being out of jurisdiction that I would like to argue, does anybody have a later case that may stop me in my tracks? Any help much appreciated, my brain is fried!
  5. Hi folks Got a possession order and a date to attend court (16 July). I am panicking now and hubby is getting really stressed out about it. No idea what to expect. We don't quality for legal aid and can't afford a lawyer. Also saw a thread about claiming costs back? Can someone please enlighten me? Is there a link that explains this?
  6. Hi - URGENT! I wonder if anyone can help please? In March 201 (ie 20 months ago) I had arrears of about £50,000 on my 530,000 mortgage. Derbyshire Home Loans took me to court and got a possession order which I was able to suspend subject to paying an extra £800 a month on top of the contracted monthly amount of £2300. I am self employed and have had a very difficult summer with clients deferring business until November/December/January. This has meant that I am 3 months behind with my new payments (although and including one payment I made last month (September)). I heard nothing from them but on returning from a week away this evening find a 7 day notice to pay the arrears off (issued 7 days ago in my absence) followed by a court date for enforcement on 3rd November (ie this Thursday!), which I will not be able to attend as I am exhibiting at the most important show of my business year and am a keynote speaker. I expect to pay off the three outstanding payments by no later than December when a large contract will be paid and am prepared to sell car, engagement ring etc before this if need be. There should not be a problem going forward. Due to other lenders having charges on the property (business loans following a company failure three years ago) my wife and I would almost certainly go bankrupt if the house were to go. We are not concerned about negative equity, but with 4 children this is a loving family home and we would never be able to buy another, nor possibly even rent with our current credit rating so low. So my question is - is a judge likely to be very unsympathetic in granting a second suspension, and what do I have to do to avoid this (apart from begging Derbyshire when they open tomorrow morning)? We really must not lose this house! Thank you
  7. (Sorry, I posted this in the Legal Issues forum, before realising this was more appropriate). Hi, I really need some advice quick, if I'm to stave off a possession order - would appreciate anybody's input! Two years ago, due to the recession, my business collapsed, and I got into rent arrears. Eventually, things began to pick up slightly, and in addition I took a part-time job to guarantee that I could at least pay the rent. Although my income is now stable, it wasn't enough to clear the arrears, just pay the actual rent from month to month, with a little bit extra added towards the arrears. Six months ago, the landlord (a property management company) gave me notice and sought a possession order, but agreed to stay the proceedings if I agreed to a schedule to clear the arrears by six months. The deadline was 1st April 2011. The landlord set a figure they wanted me to pay back every month, which consisted of the rent for the month ongoing, plus an extra £300. I have kept to this agreement, but I find that, at the end of the six months, I am left owing exactly £2000. The landlord's solicitor has informed me that they are applying for the stay to be lifted if the full amount is not repaid by the 1st May. I can't afford to pay £2000 out in one go by the end of this month: I only bring home around £1800 a month, and that has to cover my ongoing rent as well as all other bills, food etc. I have none left over for savings. However, on re-reading through the original consent order and schedule, I see that £1740 of the £2000 I still owe is actually my landlord's legal costs (i.e. the bill of their solicitor). This means that only £260 of the amount owed is actually still rent arrears. I can pay that tomorrow, which would then bring all my rent completely up to date. It seems they (my landlord and/or their solicitor) have confused and compounded the issue by conflating the rent arrears and their legal costs. So my questions are: if (after tomorrow) I'm completely up to date with my rent, does the landlord still have legal grounds to seek possession? From my limited research, rent arrears is grounds for possession, but failure (note: failure, not refusal) to pay legal costs are not mentioned at all. Also, am I legally bound to pay my landlord's legal costs at all? As the matter never actually went to court, no order was made as to costs. It was just something they tagged onto the agreement. What I fear is that, even if I am not legally bound to pay their legal costs, if I do not do so, they will still seek possession. Do they have the right to do this? I've never had any other dispute with the landlord, and there really was no need to take the matter this far at all: they've been very heavy-handed about the whole thing. I never disputed I owed rent, and I've always done my utmost to clear the arrears, paying more on those occasions when I was able to. I have lived here for several years, and am settled here. I do not have the finances to afford a move, let alone the disruption this would cause to my personal life and work. The area where I live has become very expensive over the last few years, and I could not afford to stay in this area if I had to move out of my current home. I really would like to settle this and just live in peace with my landlord. For that reason, I am prepared to pay their legal costs if it means there is no further bad feeling between us, and they will not evict me, but I cannot do it before the 1st May. Where do I stand? After tomorrow, when I clear the actual rent arrears, can I ask for a separate agreement concerning the legal costs, on the understanding that it does not affect my tenancy? Many thanks for any advice!
  8. hi im wondering if ANYONE can help me..... i have got behind in my rent due to work issues, im on a AST (Assuerd Shorthold Tennancy) BUT im out of the tennany aggreement... my letting agency have given me a section 21 which ran out today at 5.30 - my aggency is now telling me they can go to the court tomorrow morning and apply for a possession order which will take 48 hours and they will be able to remove me on thursday at 9am.... but as far as ive read they would need a possession warrant to remove me? if they get a possesion order by thursday how long will it take them to get a possession warrant..... its all baffal to me... can ANYONE help please......
×
×
  • Create New...