Repossession. Very scary but unavoidable. Help & advice needed!

[Mrs E Blackadder]

Thanks tembo. You are right about rebuilding the credit and I assume that in most cases the slate is wiped clean after 6 years anyway and any things that might have been on there can no longer show up.

 

I have a question about the repossession. Does anyone know how long they give you once the mortgage company gets the warrant? I've heard anything from between 10 days and 6 weeks but would rather find out from people who have actually had to go through it.

[Tawnyowl]

The court order

 

If the judge decides that your home is to be repossessed, the court order will set a date for you to leave. If you have not left by that date, your lender or freeholder must apply to the court for a bailiff's warrant. The bailiffs will write to tell you when the eviction is to take place, and when they will come – they also have the power to remove you from your home.

Suppose Mrs Blackadder as i remember, when the repo was granted, due to the baliff being quite busy and the legal work, took about two weeks for the letter from the baliff to be hand delivered. Then 28 days to get all cattle, goods, etc removed before eviction date. Quote--- Good grief, don't you just feel better when you've had a good grumble and put the world to rights Sure does :DBye for now Tawnyowl

[Mrs E Blackadder]

Thank you Tawnyowl. So is that 28 days from when the mortgage company apply for the warrant, or 28 days from when they deliver the letter? I really want to be out before the actual date, so I can just put the keys through the letter box and not look back.

[Tawnyowl]

From breaking my suspended repossession order to the solicitors advising me on behalf of Kensington that i had done so was about 4 months.2 weeks later the solicitors applied for the eviction date.Which was set for 28 days later.The baliff then posted the details through the door,which i knew about allready having had correspondence from the solicitors.So in my case it was 28 days from the application for possession in court.Tawnyowl.

[PriorityOne]

How are you doing Mrs B? Please let us know how things are going....

 

Thought I'd put this link onto your thread.... you may find it useful.

 

Council House Waiting List

Edited August 19, 2009 by PriorityOne
link

[mich7k]

hi Mrs B

Just read your thread im in the same boat more or less i dont know if this helps but i went to my council homeless section and they refered me to the mortgage rescue scheme its going through the process now and the application has gone through to the housing assocition so im on tenterhooks at the moment they buy your property and then you become tenant if you wish for a minimum of 3-5 then longer if you wish, these are proper SRLandlords not those quick guys. I was thinking it may not be too late for you the guy that helped me got through to my mortgage company and got all action stopped for 3-4 months ive not had any phonecalls or harassing letters since july i was supposed to have been evicted in July but with his help its all being put on hold.

 

But if you have thought that maybe this would be good for a new fresh start then go for it you are entitled to local housing allowance have a look online it will tell you how much you are entitled to

[Mrs E Blackadder]

Hi Mich. Thank you for taking the time to read my thread. I did look at the mortgage rescue scheme, but unfortunately didn't fit into the little boxes required! At the moment everything has been put on hold as on the day that the mortgage company were going to go for the warrant, my ex decided to play ball and come up with an offer for them - the same one offered to them 3 months ago that they refused! This time they ran with it and have said that they won't go for the warrant unless we don't stick to the offer. Fair enough.

 

I know that I am still on limited time as it won't be long before the ex can't/won't pay again, but I shall use the time wisely to get myself in order. I don't suppose it will hurt any less when the time comes to get out, but it is a fresh beginning which is desperately needed. Thanks again for your thoughts. I've been amazed at how helpful and kind people on here have been, and it's also good to come across people who have been through the same thing as you no longer feel so alone .

[meursault22]

I don't have much to add except that I've already lost one home ten years ago, and looking like losing a second! I know that it seems like nobody cares and those that can help don't want to, but at least there are some decent and knowledgeable people on this forum. I can tell by reading your posts that you have alot going for you as a person so don't

forget that things can always change, and keep fighting. Do you have room for a lodger or two? I know it's not ideal, but the extra money could help when your ex lets you down again. I know you need a fresh start, but whatever can be salvaged will be a help.

[Crapstone]

Hi Mich. Thank you for taking the time to read my thread. I did look at the mortgage rescue scheme, but unfortunately didn't fit into the little boxes required! At the moment everything has been put on hold as on the day that the mortgage company were going to go for the warrant, my ex decided to play ball and come up with an offer for them - the same one offered to them 3 months ago that they refused! This time they ran with it and have said that they won't go for the warrant unless we don't stick to the offer. Fair enough.

 

I know that I am still on limited time as it won't be long before the ex can't/won't pay again, but I shall use the time wisely to get myself in order. I don't suppose it will hurt any less when the time comes to get out, but it is a fresh beginning which is desperately needed. Thanks again for your thoughts. I've been amazed at how helpful and kind people on here have been, and it's also good to come across people who have been through the same thing as you no longer feel so alone .

 

It's good to hear that you at least have some breathing space and have time to prepare. Whatever I say isn't going to make it hurt any less but I do know what it's like to have a suspended repossession hanging over you and just how stressful it is.

 

I wish I'd have used these boards a couple of years ago..just a kind word and a sympathetic ear goes a long way plus the advice if fantastic. It doesn't matter if you live in a hovel or a mansion, if it's your own fault or not..the folks here see that it's still your home and but for the grace ....it could be them.

 

Keep your chin up and I hope everything turns out well for you, whatever happens.

[Mrs E Blackadder]

Thank you for all your support and advice. It is nice to know that I am not the only one who is going through all this. I think that's the hardest part for anyone facing this kind of situation - the fact that it all feels so lonely. Thanks for the suggestion Meursalt, but I don't have any room for a lodger, and even if I did the mortgage company would stick another 1% on the mortgage. You can't win can you!! However, I have done a few car boot sales and sold off a lot of old toys, clothes and junk on ebay which has netted a few pounds to put in my emergency fund. It has also funded quite a bit in the way of school uniform/childrens clothes & shoes, a trip to the vet for the cat, and paid off a few small debts. I would recommend to anyone who finds themselves in financial difficulty to sort out anything that they no longer need and see if it can be sold. You obviously already know the horrors of losing your home, so I really do hope that you don't lose another. Please let me know what happens.

 

Crapstone, just like you I wish I had discovered these forums sooner as I could probably have saved a small fortune. However, I have also learned that even though debts have been passed to DCA and subsequently paid off, I can still claim back illegal charges from the original creditors so all is not lost! Anything I can gleen back will be a bonus. Your last comment made me smile because I recently rang a local estate agents to find out about renting. The woman I spoke to was all nicey nicey until she found out that I would be needing partial help with housing allowance to pay the rent, and that (horror of horrors) I only work part time and have tax credits to boost my income. She ended up being very rude and patronising and said that she 'didn't wish to cause offence, but people like you are not what our clients are looking for' I asked her to clarify what she meant and she went on to say that people on benefits were not the kind of people they dealt with. I told her that, actually, I work and was not living entirely on benefits and also was more likely to pay my rent because I was being given money to help with it. She really upset me, but later that day I had to ring the council to find out about housing options and I spoke to a lovely lady who said that I should ignore the woman at the estate agents and that what goes around comes around and maybe the woman would find herself in my situation one day. That cheered me up a bit . Anyway, that is the long way round of me saying that your comment 'but for the grace, it could be them' is absolutely spot on.

 

For the first time in a very long time, I feel someone understands. Thanks again

[tembo]

... I recently rang a local estate agents to find out about renting. The woman I spoke to was all nicey nicey until she found out that I would be needing partial help with housing allowance to pay the rent, and that (horror of horrors) I only work part time and have tax credits to boost my income. She ended up being very rude and patronising and said that she 'didn't wish to cause offence, but people like you are not what our clients are looking for' I asked her to clarify what she meant and she went on to say that people on benefits were not the kind of people they dealt with. I told her that, actually, I work and was not living entirely on benefits and also was more likely to pay my rent because I was being given money to help with it.

 

Rest assured that not all landlords think the same way. There are some landlords who only rent to professional people, and some who are perfectly happy with taking on people who receive benefits.

 

Young professional people who rent often stay in rented accomodation for a short time. Typically they move to another part of the country, move in with a partner, move to somewhere more "trendy", or buy a place of their own. People on benefits often will rent long-term, treating the house as their home, and consequently looking after it better. Typically they will rent in the area where they have always lived, close to family and lond-term friends. Hence some savvy landlords actually prefer this type of tenant.

 

Unfortunately some of the BTL mortgage companies have clauses in their contracts about who the landlord can rent to, but some landlords will conveniently ignore this.

[Mrs E Blackadder]

Hi Tembo. I live in an area where there are lots of students wanting to rent, and I do sometimes get annoyed that a landlord is happy to rent to a bunch of kids who will happily trash the place, but they won't rent to someone like me who wants somewhere long-term to bring up their family in as stable an environment as possible. You are certainly right about wanting to treat it as the family home - I would even be happy to do the odd bit of decorating to keep it in order, as long as the landlord agreed of course. The lady at the council gave me the name of a letting agent who happily deals with housing allowance receivers, and they were helpful when I rang them. The council also suggested that I look for houses/flats for rent in the paper and newsagents as often the landlords were more flexible. To be honest, if I found somewhere I felt comfortable then I would be happy to stay there for as long as possible, and surely that is of more benefit to a landlord than constantly having to readvertise for new tenants.

[tembo]

The council also suggested that I look for houses/flats for rent in the paper and newsagents as often the landlords were more flexible. To be honest, if I found somewhere I felt comfortable then I would be happy to stay there for as long as possible, and surely that is of more benefit to a landlord than constantly having to readvertise for new tenants.

 

Many landlords advertise their properties privately rather than using agents. One of the benefits is that you get to meet the tenants and talk to them. Often a good gut feeling about a tenant is far more valuable than the results of a reference or credit check.

 

You could also try looking on some of the websites used to rent property, such as gumtree, torent.co.uk, homes2rent.net, estateagent.co.uk, netrent.co.uk, or spareroom.

 

If you were in my area I would definitely rent to you, I can tell that just from what you have put in your postings. In fact I would probably rent to you on the strength of your forum name, I am a HUGE Bladder fan.

[Mrs E Blackadder]

On the strength of my forum name, most landlords would probably run a mile

 

Thankfully, Edmund will not be renting with me. Perhaps he has gone off to do some renting of his own (remember the episode from BAII when Edmund and Baldrick go down to the docks? Neep, Neep, Neep )

[tembo]

remember the episode from BAII when Edmund and Baldrick go down to the docks?

 

Squirry the squirrel.

 

Now, how much do you charge for a good hard... ?

[Mrs E Blackadder]

I believe the fee was a thousand pounds, but they were happy to negotiate.

 

Wonder if Arthur the sailor could claim back unfair charges?

[Mrs E Blackadder]

Here is something that I thought anyone who has managed to stop their repossession might like to hear about. Frankly I am at the end of my tether with it all:

 

I managed to stop my repossession in August. Got everything in writing from the mortgage co, saying that we had all come to an agreement etc etc. Paid them September's amount at agreed rate. No problems... or so I thought.

 

2 weeks ago I get a letter saying that as we hadn't stuck to the arrangements made by the court they were applying for a warrant and an eviction date. Rang the mortgage co who, after about 10 minutes of keeping me hanging on, readily admitted that they had made an error and would put a stop to everything there and then by contacting their solicitors. Got a letter a couple of days later confirming all this and stating that I would also be hearing from their solicitors. No letter arrived from their solicitor in the next week, but hey presto AN EVICTION DATE HAS ARRIVED FROM THE COURT. I rang the mortgage company again yesterday who again confirmed that it was all a big mistake and it is all a case of things 'crossing in the post'. They have tried to reassure me that nothing will happen on the eviction date, but why the hell should I believe them because they haven't sorted it out so far.

 

Frankly I am at my wits end. Even when I thought things were sorted for the time being, they still mess it up. I cannot cope with the strain of it, my nerves are shredded and I'm exhausted.

 

I'm just wondering whether or not anyone else has had this problem after preventing a repossession, and if so then how did you deal with it?

[sillygirl1]

I experienced similar with the Abbey National, who failed to take out the required sum one month, so I paid them in the bank, then on the next date they took two payments out which bounced, again I paid one and had it in writing, so when the court paperwork came I went to the court and showed them the result, their duty solicitor rang the Abbey and a Judge spoke to them as well.

 

I would go to the court and ask to speak to the court manager and ask that the company be prevented from further abuses of the court system, for that is what it is. I would also contact Ell-enn on this site as it sounds like you might need to go for an emergency hearing to stop them carrying out further enforcement action for another 6 months - a Judge CAN grant this.

 

I would also write daily letters to the mortgage company stating that they are now in breach of their contract to you and you are going for legal action against them.... and for each letter you are charging them £25 or whatever they charge you.

 

Of course when you ge the N244 and emergency hearing you need to also ask the Judge to get them to stop adding costs and claim yours for the hassle and harrassment.

[car2403]

Here is something that I thought anyone who has managed to stop their repossession might like to hear about. Frankly I am at the end of my tether with it all:

 

I managed to stop my repossession in August. Got everything in writing from the mortgage co, saying that we had all come to an agreement etc etc. Paid them September's amount at agreed rate. No problems... or so I thought.

 

2 weeks ago I get a letter saying that as we hadn't stuck to the arrangements made by the court they were applying for a warrant and an eviction date. Rang the mortgage co who, after about 10 minutes of keeping me hanging on, readily admitted that they had made an error and would put a stop to everything there and then by contacting their solicitors. Got a letter a couple of days later confirming all this and stating that I would also be hearing from their solicitors. No letter arrived from their solicitor in the next week, but hey presto AN EVICTION DATE HAS ARRIVED FROM THE COURT. I rang the mortgage company again yesterday who again confirmed that it was all a big mistake and it is all a case of things 'crossing in the post'. They have tried to reassure me that nothing will happen on the eviction date, but why the hell should I believe them because they haven't sorted it out so far.

 

Frankly I am at my wits end. Even when I thought things were sorted for the time being, they still mess it up. I cannot cope with the strain of it, my nerves are shredded and I'm exhausted.

 

I'm just wondering whether or not anyone else has had this problem after preventing a repossession, and if so then how did you deal with it?

 

Can't relate to your experience, as I haven't been there, but my flaming mortgage company seems to have serious issues in their Collection Teams.

 

I have arrears, thanks to Car repairs being needed, and have been paying to agreed arrangements. I had to cancel the DD, as I was short for 1 month, but made those payments up 2 weeks later. The next month, the DD was still "cancelled", despite them setting it up again. I had to call to make a payment to avoid charges.

 

I've just looked now and the DD is still "cancelled", after they set it up again. This month's payment isn't going to be made unless I ring them to make it, then.

 

Absolutely shocking experience, when you think they will charge me £40 for not making a full payment each month. (Recoverable, eventually, of course!)

 

Considering the strife you're going through, you'd at least think that they'd get themselves sorted out in time to correct your issues. Considering that they can't even collect payments as agreed, how can we trust them to notify the Court of your predicament effectively?

 

Answer; I would be putting everything in writing, send a fax to avoid waiting for delivery, and ask for a fax back confirming discussions by phone. Unless you've recorded those calls, that is. I'd then be writing to the Court, including the correspondance, and asking the Court to deal with them. If you sit and wait, as I have done, it probably won't work.

[Mrs E Blackadder]

Thank you for responses so far - I feel so desperately lonely in all this because although it is a joint mortgage I am having to deal with it on my own. (Other half has gone and isn't very interested in helping in any way. As far as he is concerned, I am the one in the house so it is up to me to deal with it).

 

I have asked the mortgage company for everything in writing (no, didn't record it) and they have said that they will do this. I am also waiting for the letter from their solicitor confirming that it has been cancelled, which they say was posted yesterday (Friday). I was also thinking of phoning the court on Monday to get it confirmed that the eviction had been cancelled.

 

If it has been cancelled, then I don't really have anything to go to the court with do I? Surely they will just say that it has been sorted, so I should go away.

 

One of my concerns in this is that should we default again then the mortgage company will just get their solicitors to reinstate the eviction rather than starting the procedure from the beginning, thus gaining them a time advantage is getting an eviction. Can they do this, or would it have to be a completely new application?

[Ell-enn]

Hi there, you should most definitely contact the court on Monday and check that the eviction order has been cancelled. If it hasn't come back here and we will see what can be done.

 

You are correct in thinking that the lender can apply for an eviction warrant should you fail to make a payment under the original court order. However, you can defend the eviction by applying to the court for a hearing to stop it, and we would be able to help you with that.

 

Let us know what the court say on Monday - ring them even if you get a letter from the solicitors telling you it's been cancelled - it wouldn't be the first time they've said so and then some idiot hasn't cancelled it with the court.

 

Stay positive, you will get a lot of help and support on this forum from those who are, or have been, in the same position.

 

Remember that judges won't take people's homes away from them unless there is no hope of payments being made.

[sillygirl1]

Do't forget to put in for wasted costs for the hearing as well if needed, and getting them to stop putting the legal fees for the 'aborted eviction' on your account too.

[Mrs E Blackadder]

Thank you Ell-en and Sillygirl for your messages and support.

 

I just find it hard to believe that something so important can happen through sheer incompetence and yet the urgency of the situation seems to be totally beyond them. I'm so angry and frustrated that actually I can't even begin to show it, but maybe that is a good thing.

 

There isn't really anything I can do until Monday so am going to try and find something constructive to do for the rest of the weekend. I'm not sure whether to actually go into the court on Monday (I would rather not as it means a trip into town and being borderline agoraphobic means that it makes it a rather uncomfortable thing for me to have to do), or whether to just phone them. Do you think it would be best to make a personal visit or not? I really don't have any idea what would be best, so any suggestions gratefully received - I should probably be called Mrs E Confused!

[Ell-enn]

You need to to whatever feels most comfortable on Monday, don't try to force yourself to go to the court in person - if it feels OK then do it, if not you can just ring them and ask the question - they're used to people ringing up to check things.

[survivor_13]

Hiya Mrs B,

 

Sincerely sorry to hear about your situation. I know too well how it feels to have your home hanging in the balance and the uncertainty of facing the future without some of the things we all hold dear.

 

Im currently facing a battle with our lender as well - hearing next tuesday, however Im not prepared to give up my home without a fight and trust me it has been.

 

I guess life in general is a climb, however whichever way we get to the top in our own way the view can be breathtaking. I feel all situations present themselves for a purpose and it exposes vulnerabilities we sometimes didnt know we possessed, however your inner strengths will keep you going and looking forward to rebuild within time, if thats the route you decide to take.

 

Best of luck with your future endeavours, hopefully we'll all be able to look back at these times and remember all the wonderful, helpful peeps we met on the forum and the major impact they made to our lives each in different ways, i know I will.