Urgent (Abbey) Repossession Advice Needed!!!!!!

[lanesra14]

Hi all,

 

My bank (Abbey) began repossession hearings against us (£4500 arrears), we pay £727 per month.

 

Attended court 3 weeks ago and Abbey representative failed to show. Sat in front of the judge on my own and he ordered that "the matter be adjourned generally with liberty to restore", also advised that we make a written offer to the bank to clear the arrears (which we did immediatley).

 

Bank wrote back and stated they would continue with repossesion claiming that they HAD attended and the judgement was made in their favour.

 

I rang the court and asked how this could be, woman was not helpful, said she couldn't check and besides, the judgement had not yet been written out as they were "overworked". Advised that I wait a few days for the written order in the post.

 

Waited 1 week and still nothing. Called the court again and explained the urgency (20th June deadline!) She confirmed the case had been adjourned! And faxed me copy of the judgement to that effect.

 

So I thought I had a case for malpractice against the bank, until I received a SECOND judgement letter on Saturday ordering the repossession!!! Same Claim Number, different Judge.

 

What should I do given that I now only have 2 days to sort this out?

 

Can anybody help!!!!!

[gizmo111]

Can you say what the 2nd letter said exactly?

[lanesra14]

1st letter (Dated 10 June) says:

 

"General for of order

 

On the 23rd May.....

 

Upon hearing representative representing Abbey...and upon hearing from the Defendant

 

IT IS ORDERED THAT:

This matter be adjourned generally with liberty to restore

This matter be struck out if not restored the 31st Aug

 

2nd letter (Dated 11 June) says:

 

"Order for possession...

 

On the 23rd May.....

 

Upon hearing representative representing Abbey...and upon Mr...not attending.

 

This order has been made on discretionary grounds and the court orders that...

 

1. The defendant give the claimant possesstion of........on or before 20 June

 

2. There be money judgement in the sum of £........not to be enforced without courts permission.

[Ell-enn]

Hi there, you need to go to the court with the 2 orders and get them to establish how this has happened. I suspect that you will have to submit a N244 to the court asking for a hearing to clarify the matter and confirm your proposal to clear the arrears.

 

Nothing should happen on the 20th June anyway, you would need to receive a notice of eviction from the court advising what date you should vacate the property. Given the situation with the 2 judgements - I think I can safely say that you will not receive an eviction notice.

 

However it is important that you visit the court to sort this out, rather than do it over the telephone. They should be able to give you the N244 form you need for the application hearing - they should also waive the cost of the application as there has been a discrepancy in the court process.

 

Let us know how you get on with the court and we can help you with the N244 if necessary.

 

Kind Regards

 

Ell-enn

[I've got no money]

Can I just clarify - on the two court orders it will say the name of the District Judge who made the Order - is it the same or different. It sounds like the court have screwed it up.

 

As Ell-enn says don't panic it is sort outable.

[I've got no money]

As it sounds like the other side turned up as well. I think that you may well have to set both orders aside and have the case reheard. I would suggest that you write to the other side and enclose copies of both orders and ask if they will agree to setting both orders aside and to a rehearing.

[jannercobbler]

Mortgage Repossessions

 

Both freehold and leasehold owner occupation can, and frequently will, be subject to a mortgage. The mortgage deeds contain a variety of terms which usually states that when the occupier falls into arrears with the repayments that the lender has the right to evict the occupier and sell the property.

 

Demand for Arrears

 

Before legal proceedings are started, the lender will normally issue a formal demand for all the arrears to be paid. They are not obliged by law to do this, but in practice the Court will not look kindly upon a lender who has not given the occupier a chance to bring their arrears up to date.

 

The lender cannot evict the occupier without an Order for possession from the County Court. The Court is not obliged to grant the possession immediately and has the power to grant a suspended order for possession on condition that the occupier continues to pay current instalments and a fixed amount off the arrears.

 

Suspended Possession Orders - Homeowners

 

The Court will only exercise this discretion if it is of the view that the arrears can be cleared in a reasonable time. (Administration of Justice Act 1970, s.36; Town & Country Building Society v Julien, 1991). If it does not think this can be done, then the order will be final. This will usually be suspended for at least 28 days to give the occupier time to make alternative arrangements.

 

Reasonable Time to Clear the Arrears

 

There is no formal definition of reasonable time. Until recently, the courts had normally considered one year a reasonable time in which to clear the arrears (Cheltenham & Gloucester B.S v Grant, 1994). It has now been said that the Court should take as its starting point the full period of the mortgage. In most cases individuals would probably only need to spread their arrears over one to two years which the Courts are likely to consider as reasonable.

 

Need for Consent

 

It is really important that an occupier experiencing difficulties informs the lender . Work out how much you can afford to pay towards your arrears and put your proposals in writing to the mortgage company. The clearer the proposals, the greater the chances of success. The larger, more reputable companies do not as a matter of course, want to see occupiers evicted and the properties sold. Their money comes, after all, from keeping mortgages in existence and receiving interest on them.

 

I have personally helped a Friend use the above in Court (on the Day before the Balliffs were due) The Judge was going to refuse but we mentioned that we would appeal, and the Judge finally agreed to suspend possession for 3 months so my friend could sell, although they had to make some payments during that time.

 

regards

 

JC

Edited June 18, 2008 by jannercobbler

[I've got no money]

There is a great book - published by the Legal Action Group and written by Nic Madge (he's a district judge) called defending possession proceedings - well worth reading.

Recent stats show that if you are represented at a possession hearing you have a much greater chance of avoiding eviction - as JC says if a warrant for eviction is obtained you have a chance of suspending it right up to the end. Don't forget the process is that they get an order that you leave by a certain date. You don't they then apply for a warrant of eviction. The County Court bailiff tells you its' been issue and you then apply to suspend it.

[makeitbetter]

Hi I dont know as to whether you can read the thread we had when Halifax tried to repossess our property (worth looking at) Came to this site and people were very helpful. You need to go to the court and see someone who will talk to you and give you advice, they are based there, tell them what has happened (asap) We had been told that we need not bother going to the court as we had paid most of arrears. We decided to turn up anyway and low and behold there they were. We had been advised on this site that always turn up and this is great advice.

 

this rep asked us whether we wanted her to come into the court with us but we didnt need it. She was so re-assuring and made us feel a lot better. These places are looking to repossess in my opinion, but having this service in court is great. We knew we had to move very quickly.

 

If you are on low wages you can also get free help and representation

[I've got no money]

makeitbetter is absolutely right - many courts have duty adviser schemes where free advice and representation are provided. Those advisers are often excellent and will help to avoid possession.

 

As makeitbetter points out legal advice/representation from Solicitors is also available, if you qualify on low income grounds. Check with the Legal Sevices Comission for the nearest Solicitors with debt and or housing franchise

[annon1000]

Hi,

 

I have currently been given a court date for the repoession hearing of my property. I moved out of the property around 11 months and me and my partner seperated. He then stopped making mortgage payments so we fell into arrears. Since October no one has been able to get in touch with him and when i have managed he rufused to sell the property, sign it over to me or for me to sign it over to him. So i have been left with no other options be allow reposession to take place. I sought legal advice and the only thing they said i could do would be put into the courts for a compulsary sale order but the legal fees would be around 8k, and i do not qualify for any form of financial support.

 

Just after a little advice really.

[lanesra14]

Hello

 

We received a Notice of Eviction after accruing arrears over the last 3 months due to the mortgage switching from Interest only (CMI of £355 + £100 towards arrears) on a previous suspended order from June 2012.

 

All was OK until the CMI went up to £840 which we honestly cannot afford right now. We contacted the lender (big red high street bank) about switching back to Interest Only until our finances improved as we clear some debts. They advised to keep paying what we had agreed in the meantime, but to contact their Solicitors about applying to switch mortgage.

 

I spoke to the solicitors who first said it would likely be unsuccessful to try that since it was at the discretion of the bank and "they don't normally allow customers to switch to Repayment Only more than once".

 

But since we now have an eviction notice for the 8th Jan, will the judge accept the reason why we have accrued these arrears, and that we are in the process of switching from repayment to Interest Only which we can afford. I can show proof that we have honoured the original agreement when CMI was 355.

 

I'm also worried that we have used the N244 before now. Will the judge think we're taking the proverbial? Although I would go to court 100 times to protect our home.

 

Any advice is much appreciated.

 

Many thanks

[stu007]

Hi lanesra14

 

This isnt my area of expertise but please be patient other will be along to advise and help you.

 

I will flag this to site team for help due to the impending eviction date for you.

[maroondevo52]

Thanks for flagging this up stu007, I have sent a pm to Ell-enn asking her to help, not sure if she will be back online tonight but I'm sure she will be sometime tomorrow.

[stu007]

Many Thanks maroondevo52

[lanesra14]

hi everyone,

 

i wondered if anybody has any advice on our situation. We appreciate there is a strong chance we'll lose our home since there is a big increase in what we have to to pay monthly, and very little time to do anything. Total arrears are £3600 and we had 12 yrs remaining on the mortgage. We just need guidance as to what's a realistic expectation given the situation.

 

Many thanks again

[gemspan]

Hi there, the mortgage providers are supposed to use repossession as a last resort. If they can change you from repayment to interest only, meaning that you would not be in arrears or be able to pay them off then, in my humble opinion, that is what they should be doing. I'm not aware of the protocol in England but have just gone through it in Scotland and have had the case dismissed due to them not following pre-action protocol. I hope somebody comes along soon to help you but if you need to get any forms in prior to the eviction date then go ahead and do it. I don't think any judge will think you are taking the proverbial. We are living in hard times and they are dealing with these things every day in huge numbers. Please do your best to contest this before it is allowed to go through.... Best of luck. I don't think that any judge will take your home from you for these arrears when you are willing to pay interest only and a payment on top. I genuinely feel these mortgage providers are too quick to take people for repossession. It's immoral....although not illegal.

[lanesra14]

Great news is that the eviction was suspended. Judge was satisfied that we were doing something to sort the situation out and that the repayment amount would only be temporarily unaffordable whilst we either got a decision on switching back or we arranged our affairs to manage the repayment CMI. Gives us a bit of time to explore our options. Thanks for the encouragement gemspan, helped us remain a little positive, but very nervous throughout.

 

This site has saved our home once again.

[maroondevo52]

That's good to hear, let us know how you get on.

[lanesra14]

Hi there,

 

We have an URGENT update on this situation:

 

We had a Suspension of Eviction granted after the judge ordered that should pay a fixed amount each month (which was lower than the CMI) for 6 months (ending June), after-which we would then begin to pay CMI+£100 towards arrears. This order has been kept to with no defaults, however we recently received a "Notice of Hearing of Application" (N244A) Notice, stating that the claimant has applied for an Amended Order, and thee hearing is in 2 weeks.

 

We have a couple of concerns....

 

1. If the judge already stated in his previous order that we would pay CMI + £100 towards arrears AFTER the fixed monthly payment arrangement ended after 6 months (which it now has), what would the claimant be trying to achieve by seeking to Amend the court's order?

2. Since the CMI is much higher than the fixed monthly payment we've been paying (an increase of £350 ,although it still just about affordable), could they be trying to argue that we cant afford our home and seek to have our home repossessed at this hearing?

 

What steps should we take ahead of this hearing to ensure we don't get a nasty surprise on this day? I'm assuming there is no question about whether we need to attend, even though we have not received any copies of their N244 application. (Would we even receive this?)

 

I would appreciate any advice that anybody can give in this situation.

 

Kind regards,

[maroondevo52]

Hi,

 

I've 'flagged' this up for Site Team.

[Ell-enn]

Hi there, did you not receive any details of their N244 i.e. what amendment they are looking for ?

[lanesra14]

Hi Ell-en.

 

We haven't received anything apart from the Notice (N244A)

[lanesra14]

Hi Ell-enn,

 

Strangely enough, got home after work this evening to find a letter (Notice of Adjourned Hearing) from the local court to say the hearing had been adjourned with liberty to restore.

 

Does this mean they have gone away....for now.

 

But why would they have applied in the first place?

[Ell-enn]

Hi, perhaps they have decided to wait and see if you maintain the higher payments.