Tilly V mortgage express repo

[sillygirl1]

Sorry to hear of your problems Tilly, but the court may well be on 'your side' as your husband's illness has to be taken into account. Once you get the forms to fill in I can help too - I've done a few for myself (the only hope I had was to get somebody in but getting somebody to 'pay their way' was hopeless).

 

As your house is already on the market the judge may very well make a stay of eviction to allow a sale to go through, there is a 'control of sale' bit in the County Courts act that you could use - I think Ell-en knows that bit better than me.

 

Wishing you all the luck on this - it's not an easy world to be in at the moment.

[sillygirl1]

If you need any help with the wording Ell-en is one of the best to contact, I can do some but not all of the bits.

 

Getting rehoused seems to be a lottery - I can get on my soap box and cite first hand cases of 'abuse' of the housing system but they won't change the system nor the way mortgage companies 'take take take' attitude.

 

One thing that is worth mentioning is that you have contacted all the housing associations (give a list of them and their response) in spreadsheet fashion and that can help show that you have tried (and failed so far) to find suitable alternative accommodation....

[sillygirl1]

I could manage it, I'm not that far across London and I've been to this type of hearing before - the thing to do is keep your cool, stick to facts and let the other side tie themselves up in knots... its very satisfying when the solicitor gets it in the neck from the judge for being 'poorly prepared'. Remember that they will send a junior 'jobbing' solicitor for the hearing and all they will want is to get the repo - they don't want a compromise.

[sillygirl1]

Hi Tilly, how did you get on today? Let me know the date of the hearing and I'll come and be your 'Mackenzie Friend'

[sillygirl1]

Tilly, I may not be able to come on 19th, 20th, 21st and 22nd May as I have a four day course at work but any other day will be fine if you still want me as a court buddy. With my GMAC case I went to court four times, and twice got their solicitor told off...

 

On the final case the Court Usher told the solicitor to 'quieten down' as there were a group of four of these 'girls' chatting about 'their best successes' in the middle of the waiting area - not a good advert for them at all! In fact it probably was a breach of confidence on their part...

 

Hopefully once you get your claim in they might even give you a date for next week - usually these things happen quickly once you start challenging the system. Again if your husband is on benefits it might be worth sending him down with the details as then you may not have to pay. If he can't manage it take the details with you and ask. After all the mortgage is in both names (isn't it?)

[sillygirl1]

Good luck tomorrow Tilly, let us know what is happening... it's been known for people to go to court with the forms in the morning and have a hearing in the afternoon, although if your court is like Croydon (my local court) I suspect it might be on Wednesday....

[sillygirl1]

It sounds as if there might be a change of heart from the courts on this, if it is the first application then there is little chance eviction will take place immediately - but in this current climate things seem to be changing fast.

 

Please give me a shout if you do get a court date and want a buddy along, I know how frustrating it can be waiting when nothing is happening and then suddenly its panic stations....

[sillygirl1]

Sorry to hear the news... you have my support - haven't posted much lately but am still around if you need somebody at court with you....

[sillygirl1]

I was offered one of these and they took so long to get sorted out it didn't work out.

 

It is almost impossible to have a win-win situation for the home owner when repossession is instigated (and it isn't always as a last resort as they keep trying to tell you - one missed payment is all it takes these days - and there is plenty of evidence to support that about).

 

What would be sensible is for the mortgage lenders to have a scheme where they buy 25% of the NORMAL value of your home and that way everybody wins... you have some cash to pay off the arrears, and they could possibly keep the rest for three to six months before releasing the balance to you... what do other people think?

[sillygirl1]

Hope the viewing produces the desired result. I haven't posted much on this (or other threads) lately as I''ve been really busy and my keyboard was on the blink - seems to be working again now I replaced the batteries - (its a wireless one).

 

I've got a battle with Crap 1 at the moment - already posted about this today so need some time to deal with that.

 

All the best for the viewings, let us know what the result is - and try not to let them take a 'reduction' in the price if you can - a colleague had somebody try that on day of exchange but said "If you reduce the price I will remove all the garden furniture and potted plants" and they backed down (the particular garden has a £3000 workshop/shed, gazebo and lots of potted plants).

 

Keep us posted of the results.

[sillygirl1]

Haven't posted here for a while but in my case when I had reposession and an alleged shortfall the company still havent registered the sale price on the relevant websites and nothing is showing in the land registry documents - the shortfall for me was £5000 and they sent a letter offering £3000, as there is that much in charges I sent a letter back asking to write it off - heard nothing back.

 

Whilst the shortfall may seem huge to the BS it is "gaining money" by being able to chase you for 12 years on the money - in 12 years time you will be coming up close to retirement and there is the risk they may seek to get the shortfall from any pension lump sum payment - how legal or possible this is is being looked into "just in case". Another stick to use further down the road.

 

In Tills case I think if they DONT allow the sale she has more ammo against them and future claims on any shortfall - particularly given the state of the market now - no buy to lets buying, no first time buyers able to get even 80% mortgages and the majority of people being 'capped' at 75% of the 'low' value of the property (the above confirmed by a friend who is an estate agent changing to a car buyer....)

 

If the mortgage company don't allow the sale as Bona says above it could be negligence in the current market.

 

On reflection bankruptcy could help get rid of the possibility of the mortgage company 'poaching' from any pensions payment in the next 12 years and would ease some of the worry - but again it needs a lot of thought - if there is more than one creditor then it may be worth it.

 

One other thing Tills should do is keep a record of what is selling for what in her area to use in future battles with mortgage company.

[sillygirl1]

Tilly, I agree with you - if you end up defaulting by even one payment they will have you out on your ear - or back in court with another £1000 worth of 'fees' on top.

 

I may never own my own property again but at least not going to court every three months has lifted a burden from my shoulders. I'm here if you need a rant or moan about the situation - I know how it feels.

 

Life is very complicated at times, sometimes you have too much time on your hands and other times none, the same with money, trying to find a balance is almost impossible.

 

We're all here whatever your decision is. It is YOUR life after all and we only see parts of it.

[sillygirl1]

Tills, sometimes they give you 6 weeks, sometimes less, I don't think there is a hard and fast rule but the next step once you have a date is

 

N244 time again, this time including the details of the sale with the application, go to court personally and ask for an urgent hearing - you should get one within the week.

 

The other thing is to make a list of every single charge they have done till now, if the shortfall is a small one counter it with a claim for charges and see what happens - in my case its been total silence.

 

Keep your chin up and remember we are all here behind you.

[sillygirl1]

In the current climate they might try renting it out - don't know what rental availability is in your area but where I am there seems to be loads of places for rent if you look in Estate Agents windows, more than for sale....

 

The "No onward chain" and another main agents "Make me an offer" are giveaways that it is likely a repo they've handled (Mann Countrywide did mine in the end - STILL not registered as a sale on the Land Registry site.... so until docs are produced I'm not accepting 'shortfall letters').

 

Good on you for sending the doorstep bloke away - bet he wasn't pleased... the scumbags try every trick, including getting you to sign things saying "Its just a formality." I won't tell you what I told the guy who asked me to sign something like that - he wanted details of my bank account and employer and I smelt a rat - bet it was a backdoor way of getting an attachment of earnings.

[sillygirl1]

If you are unemployed they can only legally accept a token payment of £1 a month (or it might be £5) but as you won't be 'waged' they can't exactly do a lot of damage if they decide to bankrupt you... at least that way they can't chase you for the next 12 years or so for the alleged shortfall.

[sillygirl1]

At least with a date the council might get a move on with housing - had hassle with them and my niece recently but soon resolved (social worker didn't know area nor local hospitals and got 'severely reprimanded' by her boss - has now been 'transferred back to home area').

 

I assume the party is still going on - the puppets are chomping at their new case and want to come out and play...

[sillygirl1]

I'm nearly eighteen months on from the eviction date I had - 12th October 2006, and the relief from the stress of the situation won't hit until about 6 months later when you realise you haven't been to court (again) and had to fill in a lot of paperwork.

 

I am just starting the road to financial recovery now and for me redundancy and reposession were the end of a chapter. The new one has brought a lot of friends from this site, and knowledge that there is help out there when I thought nobody listened.

 

In reality (especially in the credit crunch and falling house price era) repossession is a lose-lose situation, but for some it is a lose-win situation.

 

Looking forward to the party next weekend, the puppets will lead the singing, (and Nellie promises not to touch your voddy Tilly, although she might go for someone elses!)

[sillygirl1]

With a bit of luck you might get somewhere nice from the housing people, I know how you are feeling, I've been there myself and it is very difficult for people who haven't to know the despair and frustration at the system and its failings.

 

The government's new measures aren't there to help you either, they just want to help the builders and push even more people down the road of reposession.

 

Somebody somewhere must have some fresh ideas and be able to stop the mortgage companies using the court system as they do.

[sillygirl1]

Congratulations on the great aunt bit, I am one several times over.

 

Please let your kids and their friends know that the Puppets are going to have their own website - The Puppet Lady - and I will put some pics on from the show on Sunday when it happens....

 

Suzy Q is still trying to work out what happened when they 'kidnapped' her and returned her wet and dizzy.... think she had a water pistol fight with someone....

[sillygirl1]

Good luck, there wasn't much choice for me when it happened but at least I am in a reasonable area, the council didn't want to know unless I had children. I hope you find somewhere soon and can start to rebuild a life again.

[sillygirl1]

Tilly and Tawnyowl - I am 2 years (on 12th of this month) down the line from reposession and would recommend the bankruptcy route. In my case they can't get much as I have no assets and am just waiting for somebody to set the ball rolling - have a feeling it will be GMAC as I am NOT paying their alleged shortfall - if they hadn't included the 'early repayment charge' in the amount it would mean THEY OWE ME. Come the fight (if it does) that is going to be my ammo....

 

All I can say is keep every single letter and record of debt that you have, they CAN and WILL come chasing one by one as soon as they get a sniff of a change of circumstances.

 

As far as sleepless nights go I have a lot of remedies for that and NONE work.... except maybe putting the alarm clock out of your immediate line of vision!

 

Good luck in both your decisions - and keep us all posted here of the progress (or lack of).

[sillygirl1]

I gave my dads address as a forwarding address - and when I went on the Council Tax register here they started writing again... that seems to be one of the key things, a change of address which trigers their letters.... maybe they think you are 'in funds' again and can pay them... I am in rented accommodation and don't have much hope of a council place (no children) and hopefully they will give up and go for bankruptcy.