GMAC/Wave lending- repossession **Tried twice we won both**

[lizzyjc]

Thank you all so much.The lenders representative had loads of case law he was throwing around saying this and that.Most of it i didn't understand.The judge seemed a bit knarcked that he was undermining him.I will see if they do appeal.The judge said he wouldn't give them leave to so watch this space........

Thank you all so much for your comments though.When you come out of court whether you win or not you feel very strange and a little scared.I feel more scared now than last night.I think that's because it has actually happened.

Love and best wishes to you all and anyone going through anything similar at the moment

xxxxxx

[lizzyjc]

Hi

Doe anyone know what to expect when attending court infront of a court officer to explain non payment of a judgement??

just want to know the procedure etc

many thanks

[cerberusalert]

Moved to Legal Forum.

[marmite11]

yes please tell me what i will expect

[rhodium78]

Some guidance from HMCS:

 

Order to obtain information

[lizzyjc]

Hi just a quick note really.On the 20th July the judge granted a 28 day possession order.This to my calculations means until 17th August.Does this mean they can apply to the court tomorrow am for an eviction or do i have until close of business tomorrow to get it paid.I am hoping to get the funds this week i just wondered what the situation was.

Also when they apply to the court for the eviction how long will it take to action it etc???

was hoping for a week atleast.

many thanks to all who have time to reply

xx

[Glasto Girl]

..

 

[Glasto Girl]

Hi lizzyjc,

 

If the arrears haven't been cleared by close of business on 17.8.10 it does mean (to my knowledge) that the lender will be able to apply for eviction on 18.8.10. If you are going to have the funds by the end of the week it's probably worth approaching the lender now (particularly if you have some evidence) to ask them to hold off for another week before they make an application. Due to the urgency it would have to be by phone which isn't ideal for evidential reasons but if you can get them to agree a short deferment get full details of the person you spoke to, ideally get them to email you some confirmation and speak to the Court as well (and ask them to note it) so if the lender doesn't stick to their word you will have some evidence.

 

When it comes to how long it takes for an eviction that can vary enormously depending on how busy the bailiffs are where the property is located. In my experience it's normally another four to six weeks from when the application is made but I am not aware of any minimum notice period.

 

If your funds are delayed you can make an application to suspend any warrant right up to the day it's due to be executed although it's advisable to do it at least a few days in advance so you've got time to make alternative plans if it's not granted. Even if you don't have the money to clear the arrears you might have other grounds for suspension such as if you can afford to resume monthly payments and clear the arrears by a small amount each month (the minimum is to clear the arrears over the remaining term of the mortgage in accordance with the leading case of Norgan v Cheltenham & Gloucester) or if you are selling the property and can prove that it is being actively marketed and there is interest (although it would be preferable to have got as far as offer).

 

Hope this helps, there are lots of people on here who'll be able to assist further if it gets as far as a Warrant being issued.

 

GG

[lizzyjc]

Thanks so much for the reply.I have tried to explain to them but they aren't intersted in holding off.I just wanted a rough idea that if they do apply tomorrow how long i was looking at roughly until the date comes through as i should have the funds in around a week.

many thanks for your help

x

[Ell-enn]

Hi Lizzie, I replied to your PM with the info

[lizzyjc]

thanks so much.xxxxxx

[Glasto Girl]

Hi again lizzy,

 

You could try calling the Court where the property is located to find out what their turnaround time is, the number for the court should be along the bottom of any order you have received but, if you haven't got that, all court details are on the court service website:-

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/

 

If there is more than one court in the area, you want the county court or civil centre although if neither of those is listed it might be a combined court (such as in Portsmouth) which deals with Crown court and county court work in which case it's the contact details for civil matters that you'll need. Some of the larger courts have seperate numbers listed for the bailiff's office and most entries show the name of the bailiff's manager even if there isn't a seperate number.

 

From experience it seems that different priorities are given to different types of eviction, for example cases involving squatters seem to be dealt with more quickly than mortgage or rent cases, logically enough I suppose given their lack of rights to be there and the increased likelihood of damage to the property as they've got nothing to lose. Owner occupiers and legitimate tenants seem to be given more time so if you are speaking to the court make it clear what your situation is.

[Ell-enn]

Try not to worry too much, it's extremely unlikely that you will be served with an eviction warrant in the next 7 days, so you should have time to get the money to them to pay the arrears. We can help you defend a warrant if it arrives.

[lizzyjc]

Many thanks for the reply.

Just getting a bit panicky that's all.Until it arrives then i will try and stay calm .

When they do apply does it go straight to the bailiff or is there a bit of paperwork involved?

thanks again

[Ell-enn]

Hi Lizzy, when they apply to the court for a warrant the court staff will issue it and pass to the bailiff's office. Dependant on how busy they are they may post it out to you, or deliver it by hand. However, as stated in previous posts - even if they apply to the court today it would be VERY unlikely that you receive a warrant before the end of this week. It is also VERY unlikely that the lender will apply for the warrant the day after the 28 days are up - some discussion would have to take place regarding your case and then they would have to do the paperwork for application to the court, all that takes time. I would imagine it would be next week before they made any application for a warrant.

I understand why you are panicking, but please try to be positive. You will not hear anything about eviction this week!

Ellx

[lizzyjc]

Thanks so much.Sound like a right nutter lol

xxx

[Ell-enn]

Thanks so much.Sound like a right nutter lol

xxx

 

Not at all, we all understand that your situation is very stressfull, it doesn't matter how many times you ask questions, the important thing is that you feel you have support.

[lizzyjc]

I also meant to state before that about a week after the decision was made i spoke to a woman at the mortgage company to say i hadn't received anything in writing and to clarify the 28 day etc etc.I really wanted to know if day 28 was the eviction day.She said no it wasnt but it could be the next day if we haven't paid by then.I am gathering from your responses this isn't correct as we are supposed to get notice.I guess it was just scare tactics??

[lizzyjc]

I just rang the court to see if anything had been actioned yet,she said No.She read out the decision made by the judge as to date i haven't received one and it says about the 28 day order then says not to be actioned without authorisation??any ideas?

[Ell-enn]

Lizzy, - nothing can happen unless an eviction warrant is requested and the court order specifically says nothing can happen without authorisation. You will be OK for at least another week/10 days.

[Glasto Girl]

Hi Lizzy,

 

Ell-enn is a real expert in this area as well as having loads of practical experience in the turnaround times of lenders and courts so you can take her reassurances to heart.

 

Most lenders have a process where reasonably senior sign off is needed to apply for a warrant so it's not something that happens the second an order becomes enforceable at the press of a button. Even if they did make their application on the day it would take time to get to the court in the post (a few days), time for the court to process the application (somewhere between a few days and a few weeks) and that's before you have the issue of finding a free bailiff's appointment (probably another few weeks away) so all in all you should be safe for several weeks.

 

It might be difficult but try not to worry and remember there's plenty of help and support on here

[lizzyjc]

Thank you all so much.It is so easy to start thinking stupid things when you are looking online.xx

[letsdothis]

Hi

 

Did you attend the court initially?

[lizzyjc]

Hi yes my husband did.Does it make a difference?

[letsdothis]

Hi yes my husband did.Does it make a difference?

 

Not sure to be honest.

 

Did your hubbie have any help with his statement / defence etc?

 

If you can afford the monthly payment plus some off the arrears, and you can prove to the Judge / Court, you should be OK if you try to defend, once you get the eviction date through.

 

You are in good hands with Ell-enn on here, so hopefully you will get it sorted out.