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

[Tawnyowl]

Hi Mrs Blackadder, If you are moving out before the date of repossession maybe it would be advisable to have someone witness your final readings.If you are worried about electricity gas been used when you have moved,maybe give your supplier a ring explain you want a proffesional meter reading due to difficult circumstances.I am sure they will understand. I have found this guide about what to do about readings when moving.I hope it is some help Bye for now Tawnyowl. http://www.which.co.uk/switch/energy-advice/moving-house-guide

Edited June 29, 2011 by tawnyowl

[sillygirl1]

Don't forget to take pictures of the meters as well showing the readings.

 

In fact take pictures of the rooms as you leave them, it has been known for some agencies to overcharge for deep cleaning etc when none was needed, and claim for redecorating and replacement of boilers etc when none was needed (keep receipts for any work that has been done in the last 18 months).

 

Also if they place an 'asset management fee' on your final statement (as I had - an alleged £500 shortfall turned into £7,000 with a £4,500 AMF added!) ask for fully itemised statements of work done, who was appointed, for how long and exactly what terms and conditions allowed them to do this.

 

Remember essentially that repossession is supposed to MINIMISE the 'loss' to the company, not MAXIMISE it and increase their profits.

 

Happened to me 5 years ago, year 6 begins in October and so far haven't paid a penny to the company involved, reasons being that they didn't follow pre-court protocol and then went into administration, so THEY wouldn't get the money, plus they were meant to refund me a considerable sum but never did.... either way if they bring about a further court case now they would be in the doo-doo.

[Mrs E Blackadder]

My boiler is old but doesn't need replacing. It has been regularly serviced, apart from this year because I completely forgot what with all this upheaval. I didn't realise that they could go in and start replacing and mending things, I thought they would just sell the house as it is. Surely they can't go adding all sorts of things to the bill, after all you have left the house because you can't afford the mortgage so they should know that you probably won't be able to go about paying them back any sorts of hefty extras. Perhaps stupid of me, but I assumed they would get as much as they could for the house, with hopefully enough left to pay their solicitors and the like without leaving us with any unecessary expense. I've never heard of an 'asset management fee', sounds like nothing more than trying to put your bill up.

 

Would love to see them get my carpets cleaned. They were here when we moved in nearly 20 years ago and because they were good we just kept them, but they're not so good now! Bit stained in places thanks to children spilling drinks and things, but can't see the point in anyone trying to clean them as anyone new in will just replace them.

 

I'm getting some electrical work done tomorrow, so will keep the receipt for that. Had the bathroom floor replaced last year, still have the receipt for that. There is some cosmetic work that needs doing to the house, but I just haven't had the money to pay for it so will be interesting to see if they think they have to get it done and charge me.

 

Looks like I will never be out of debt with them then.

 

Had a letter from them today. It said that after checking their records they can see that I have not responded to their letter so if I don't call them in the next 5 days they will take action. Just a couple of problems with the letter - firstly I HAVE contacted them (day before letter was dated) and secondly they ARE taking action (have had a letter from their solicitor telling me just that). I am really sick of their computer generated, unsigned letters. It doesn't matter how much you contact them, they never seem to get anything sorted because they can only do what their bl**dy computer tells them to.

 

ARRRGGGGHHHH!!!!!!!!!!!!!!

[Tawnyowl]

Just a bit of info and a few answers about what happens after repossession .http://england.shelter.org.uk/get_advice/repossession/ordered_to_leave/sale_by_a_mortgage_lender Some companies have teams that go in after repossession skip everything general clean up then sell.

[Mrs E Blackadder]

Thanks again to everyone who is offering advice and providing information, I really am grateful.

 

I'm beginning to get confused now (which doesn't take a lot lol). Have received the eviction date of 18 July, so not long at all. However, it would appear that Mr B can come up with sufficient money to pay the outstanding by about 11/12 july. I am attempting to get this is writing from him so that I can fax it to the mortgage company tomorrow or Tuesday, and then they will have the info. I know it won't stop anything until they actually receive the money but it looks like I can buy myself a bit more time.

 

I am intelligent enough to know that it is not going to change the situation, it is delaying (yet again) the inevitable, but those extra few months would be very useful. My elderly relative is due to have an operation in the next week, so could really be done without us moving in when they really need time to recover. I don't keep looking at my house wishing we could stay, infact I am now quite resigned to the fact that we will be leaving it sooner rather than later, but it would be much better for my state of mind if I could do things more at my pace for a change. Having the whole of the summer holidays to clear out and tidy up would be an absolute luxury!

 

My apologies if I appear to be rambling, but I am probably thinking more out loud than much else. I suppose I have already decided that if there is the chance of anymore time then I want to take it, if for no other reason than my own sanity, but wondered if there is anything I should do other than making sure the mortgage company know and phoning their solicitors as soon as it is paid so that they can then call off the bailiffs. This worries me though as their solicitors should be called 'Dead Slow & Stop Solicitors' and last time this happened it took them TEN DAYS not to make the necessary phone call, despite the fact I kept calling them to ask if they had done it. In the end the lady at the bailiffs' office called them!

 

Opinion between my friends varies from 'why do you want to string this out any longer' to 'buy yourself the time and be prepared'. I can see why they are saying what they are saying, and only I can make the final decision, but if anyone here has faced this rollercoaster of packing everything up (my garage looks like a branch of Pickfords) and then finding they could have some more time to get themselves prepared I would love to know if they considered it worthwhile and how they used the extra time wisely.

 

Again, thanks to you all and apologies for the ramblings. My head feels like it has springs bouncing up and down in it. I half expect Zebedee to fall out of my ear!

[PriorityOne]

Hiya Hun....

 

It really has to be your decision as to staying and having more time to sort things.... or leaving as soon as you're able. Not sure if it helps but from my own experience, once the larger items had gone.... then the smaller ones could be shoved into a hire van and driven off. I had little time to arrange things and no car of my own at the time, so when the day came to remove belongings..... it really had to be the last time. I was not there when the bailiffs came and broke in and by that point, had already vowed not to go back. If I didn't see it and wasn't around it, then it could be blocked out and treated as a closed (or nearly closed) chapter in life.

 

The decision has to be your own, as said..... but I think it's more than just buying yourself more time. The question is really whether you need more time this side of the move to tie up loose ends with an old life or, whether you could value that time more by using it to settle into a new life during the summer holidays instead.

 

Thank you for you PM.... and you're very, very welcome....

[sillygirl1]

I fully understand the feelings you have.

 

Could I suggest that you make a 'timetable' for yourself and aim to clear out one room per week, and try to completely pay off one bill per month rather than a bit every month.

 

By paying bills off completely you will free up money and not have direct debits going round the 'houses'....

 

The other advice is not to open post on a Saturday, you won't be able to do anything until Monday so give yourself a reasonable hassle free weekend.

[Mrs E Blackadder]

Hello, it's me... again lol.

 

I am steaming at the moment. Was told last week by mortgage co that if I could pay the two months outstanding, plus the extra off the arrears then they would accept that and stop any eviction. Rang them today as ex has (amazingly) come up with not just the two months but this months as well, plus the extra arrears payment, only to be told that they had not agreed to anything and I would have to pay three months plus ALL the arrears as I had broken the court order. Long conversation then followed in which I was accused of not phoning them to keep them up to date - proved to them that I had, and suddenly they found records of relevant conversations inwhich it was agreed that I could pay the two months plus extra to stop an eviction, then I would need to pay July's at the end of the month. Have now paid them, made notes of everything I was told, and have been told that they will cancel the eviction. Was told not to worry contacting their solicitors or the bailiffs as they will do all that; they must think I was born yesterday, I will phoning absolutely everyone I can to make sure there are notes on my files. In theory I am now ok to at least the end of August.

 

I know that it is all just buying myself time to finish clearing out, but without the pressure I can now see more clearly what I need to do. I will have the summer to get organised, that's if I don't spend most of it asleep lol.

 

One thing I would like to know though is, if I can pay off all of the outstanding arrears, does that mean that it resets everything to zero and the current repossession order ceases to exist, or can they keep it going incase you get into arrears again? Would I have to go to court to get it removed? The outstanding arrears is now less than £2000 (may as well still be a million at the moment), but if there was a way of paying it all off I just wondered how I would stand.

 

I've now realised that about the only thing I am 'hanging on to' with this house is my own space. I don't really view it as home anymore, the good memories are locked in my head and the bad memories have been shovelled off to a corner somewhere. I think Priorityone that you are absolutely right about the not going back. I certainly won't want to come back and look at this house again once it goes because it will be part of my past. There are very few things I want to hang onto from my past and this place isn't one of them! One thing I have realised is that now most things are packed away in the garage, there isn't very much that I really need. I want the photos (children, pets, weddings, that sort of thing), some ornaments with memories, the practical things like cups and plates and the vacuum cleaner, but most of what I had out was just collecting dust. If nothing else, my remaining time in this house will be much easier with less to dust and hopefully my asthma will improve

[Ell-enn]

Hi there, you are quite right to phone the court to check the eviction has been stopped. Communication between lenders and their solicitors can't be relied on.

 

If you were to pay off the total arrears then there is no way the lender can get possession of your home. No arrears = no reason for possession.

[sillygirl1]

I would fax all parties concerned and state that they have confirmed that XXX has been paid (copy in the court as well and ask for an emergency hearing 'just in case'; (it has been known for people to turn up and incorrectly change locks etc.....) and make sure you are in on the supposed eviction date again 'just in case'

 

I would then copy in your MP on all the goings on and ask that they get the mortgage company to pay adequate compensation for the hassle they have given you in not keeping their records in order - and also complain to the OFT, Trading Standards and anyone else you care to think of.

[car2403]

And get a call recorder, while you're on

[Happyhippy1959]

Mrs Blackadder, I have been reading your plight with tears forming,,, yes we men do have a cry and my heart goes out to you. I am not yet in your position but I feel it could be time for me to let go of my house of 15 years. Mrs Hippy left over two years ago and I am struggling with mortgage and secured loan. Also £40k of unsecured debt. My mortgage and SL together is £928 and as I only take home on a flat month £1400 you can see it's a struggle. Now my overtime as been stopped and our jobs within the hospital I work at are under review.

 

Like you I have a lovely three bedroom house, thinking of taking in a lodger but hey,,, I have so much of the children's stuff left and an attic full of memories. All the furniture etc... It is going to be a heart-breaker but really I am having no life at all... After reading all the stories on here the one thing that does shine through is hey,,, there is a life out there after home ownership.

[Mrs E Blackadder]

Hi Happyhippy. Thank you for taking the time to read my post, and I hope that there might be something in it that will help you in some way.

 

I struggle with the never ending rollercoaster ride that has been this on/off threat of repossession and some people have said to me that they don't understand why I don't just let it go. They are the people who have never faced this sort of situation. Truth be told, if I was in a situation where I could CHOOSE to move because I could afford to then I would probably have gone a while ago, however repossession is different altogether and is out of your control due to lack of money. It isn't like moving house to somewhere else that you look forward to making your home and getting on with your life, it is being kicked out when you are at your most vulnerable, and not having any idea what the future holds.

 

That said though, I have come to realise that I am no longer holding onto the memories, and if I am hanging onto anything at all then it is my own space. Once we are at my relatives we won't have the luxury of much space and my chances of being alone at any point in the day is about zero! I have cleared this house to the point that it looks like we have almost gone already and I have been really surprised at how little I have missed from belongings that I once thought meant so much. If nothing else, what this somewhat ridiculous situation has bought home to me is what is really important to my life. Being together is important and being family is important. Owning the latest 3D tv might be nice, but it isn't necessary. And anyway, they are far too expensive at the moment - another couple of years and they will be giving them away!!

 

Obviously I have kept anything that means anything, but when you realise that you have reduced the contents of the house and loft to about 30 boxes that fit very neatly into the garage then you realise that you have only hoarded lots of dust collecting things for too long. In some ways I have found it very satisfying to get rid of so much junk, it has cleared my head and makes me feel better. Taking your unwanted things to the local charity shop, or getting rid of something on eBay is very theraputic.

 

I was gutted when Mr B left, although I didn't feel it immediately. All I felt really was relief that we weren't going to have to put up with one another anymore, I didn't give much thought to how I would manage financially. Mr B has made himself very scarce, no forwarding address and only a mobile phone number for contact, but he does put maintainance money into my bank account to help when he has some to give, so I am not going to be overly critical of him. Yes, I could get it all written down by a court that I want x amount every month, but if he doesn't have it to give then chasing him through the courts is only going to cost me more money and make him even more miserable. I think he is a very scared man for many reasons and despite my sometimes cynical outlook on life, I have no intentions of kicking a man when he is down. I have no desire to be vindictive - the marriage did have some happy times and the boys are a real blessing - I want to look forwards and not back. It certainly can feel like you're not having much of a life, so if you can live under the assumption that things can only get better, maybe that is a start to looking for something more positive.

 

When the house does go, and it will sooner rather than later, I will try to look on it as a positive thing. That doesn't mean that I won't be scared of what lies ahead, of whether there will be debt and hassle from a less than perfect mortgage company (I am truly sick of their patronising attitude when you call them. Most of their representatives are probably about 25 and still live at home with ma & pa, yet they are talking down to you as if you are the lowest of the low!), of whether or not I can manage financially, but it does mean moving on and away from what has been at times an unhappy past.

 

I hope this hasn't sounded too depressing:oops:, I have tried to let you see how I am trying to get my head around moving on from the things that I thought were important and perhaps the secret to it is being 'grown up', if you know what I mean. I have a friend who is going through divorce at the moment and it is going to be a difficult one. There is so much name calling and mud slinging and letters flying backwards and forwards between solicitors arguing over the tiniest of things, and children caught in the middle of it. I think it is all so sad, and I am grateful that I have not fallen into the same trap. Personally, I would rather spend my money on my children's food and clothing than give it all to a solicitor just so that I can insist that I want to keep the bl**dy juicer!! If I can help you in anyway then you only have to ask. People who have contributed to this thread have kept me going and I can't thank them enough. When someone has been there, seen it and done and are prepared to talk about their experiences, it is a tremendous help and you really don't feel so alone.

 

Oh, by the way, you are allowed to cry. For a while I couldn't cry, it just wouldn't happen, but once I did I felt like it would never stop. It did me the world of good and now I consider it all part of my therapy. I give you permission to do the same

[Happyhippy1959]

Mrs Blackadder

 

Thank you for the time in replying and what a reply.... I have just finished three long day's on an Emergency ward at the local hospital where I work so did not get time to reply straight away.

 

You are quite right memories are just that memories, we as a species would not have come down from the tree's if we had had stuck to the simple past and would have probably died out. As for me, I do not care now about money or even the house, when I see people in our ward dying day in day out. There are all ages and they would swap there position for mine at a drop of a hat, NO DOUBT WHAT SO EVER. So those scummy debt collectors hold no fear for me, it is as you said, getting past the point of memory.

 

I agree with your last paragraph, would not pay a penny towards a solicitor for any divorce, if Mrs Hippy wants a divorce she can go ahead. She has tried once and got ripped off by some shabby internet company and paid them over £800, she left her old credit card statements here.

 

I am luckier than you in one way as I do not have the children, though it has hurt me that they have made no contact ( not even a fathers day card this year ) they are 17 and 14 really upsetting to know they have been poisoned by my not legally ex....

 

At present everyone from work colleagues to my mates keep telling me to hang on to the house,, but reading your lovely reply gives me some solace if I do have to end up selling.... it really does. One thing I have learnt over this horrible 3 years is that you don't need to have credit to live. It was strange first but hey I love not having to worry now about this bill and that. The DCA's keep threatening everything bar castration and still they get only what I can afford. And that's a £1.00 a month.. ( struggle there as well ) And still no sign of court !!! though with my biggest one being sold to cabot I expect that soon. This site is a god send. The people on here are fantastic as with your good self.

 

I really really wish you a bright future and a stress free one. You seem such a sensible and level headed lady that knows what she is now about.. ( sorry hope I'm not being Patronizing ) As for not kicking a man when he is down. In all fairness Mrs ex Hippy has not done that yet... either... mind you I have helped her out so many times.... but she can be really spiteful as with when we split by telling everyone who would listen what a bad person I was etc etc,, she forgot I was working 7 day's a week to pay the mortgage and secured loan all by myself. As well as my creditors while she just paid the council tax and food.. hmmmm no wonder could not do much with kids. One thing I can hold my head up and say is that I have never bad mouthed her to anyone and never will. She did work hard but her priorities seemed to be some what askew.

 

Mrs Blackadder,, here is a big Cyber hug to you and yours ( ) please keep us informed off how things go and I will do the same... Best wishes to you all and I hope it works out for you.

 

ps. I am going to print off your post and put it by my computer so every time I worry I can read your wise words.

 

Hippy

Edited August 1, 2011 by Happyhippy1959

[Mrs E Blackadder]

I would like to ask some opinions if I may.

 

There has been a turn of events with this on/off repossession, which anyone reading another thread of mine about a confused bailiff can get the gist of. I am now being hassled by some bailiffs over a debt of Mr Bs and frankly I have had enough of it all and just don't feel that I can live any longer in a house that I can't feel safe in. For g-d's sake, I can't even park a car on my driveway that doesn't belong to Mr B without the bailiffs even bothering to check who does own it.

 

Anyway, long and short of it is that I was wondering about people's different experiences of either handing the keys back to the mortgage company or letting the property be repossessed.

 

I want some peace, quiet, security and even freedom if it comes to it. Can't even open my windows in this hot weather incase creepy bailiff pays a return visit, which has been threatened. No one should be expected to live like that. Telling the mortgage company that I can no longer cope with never knowing if I am going to be given the mortgage money, and just walking away seems a very tempting option at the moment.

 

I would be very interested to hear of people's experiences of handing back the keys vs letting them repossess. Hopefully I can then look at my options and make an informed decision.

[sillygirl1]

If you do hand back the keys you can send a letter stating that you consider you have no further liability for the property and that you are not responsible for any shortfall or any other debts connected to the property - play the idiots at their own game. Get a post office box number and put that as a forwarding address on the letter.

 

Go to your local council and see what they have, they may be able to help at a higher level and get a legal aid person involved in fending off the bailiffs after Mr B.... tell them you do not feel safe there anymore and feel that he will come round at some point....

[Mrs E Blackadder]

Hi Sillygirl, thanks for your reply.

 

I'm ok for somewhere to go, so not too worried about that one. If these bailiffs don't desist though, even with proof that it is just me here and the stuff is mine (and the boys), I was considering contacting my local MP.

 

Someone else suggested the PO box thing and I think it's a really good idea. The mortgage co and its cronies can't accuse you of avoiding them as they can still write to you, but they don't need to know where you are either.

 

I'm interested in your first paragraph. Exactly where do I stand on that one because I can't see them taking it one lying down! I should think they will definately hold me responsible for just about everything to do with the house (or at least half, because Mr B is still on the mortgage), particularly financial things like shortfalls. Love the idea of a letter to them like that though.

[Ell-enn]

National Debtline have a good factsheet on handing back your keys - you could also ring them and have a chat , they're excellent with advice on this sort of thing

http://www.nationaldebtline.co.uk/england_wales/ 0808 808 4000

[sillygirl1]

When you have a mortgage shortfall after a repossession sale the debt becomes an UNSECURED debt, and can be included in a bankruptcy, which effectively stops the mortgage company from getting a penny out of you. The mortgage company will end up charging all sorts of fees to the case after a shortfall so going bankrupt is something you need to look at.

 

Writing a letter telling them to get lost at the beginning is just an idea, the company can't do anything and if you give them the PO box they have to abide by that as an address for you - therefore they cannot technically do a CCJ for the shortfall (some horrible companies have been known to try that method to then later get a charging order on any new property owned at a later date).

 

If you cover your angles first then the effect is minimised and the looser is the mortgage company - who could have been repaid had they been reasonable..... whether the letter will have any legal bearing or not is debatable but at least you can prove you told the company to get lost very early on. Some companies like to claim that because you didn't tell them they are legally obliged to use any methods open to them to collect on the shortfall, so heading the letter "I DO NOT ACKNOWLEDGE ANY ALLEGED SHORTFALL DEBT" is a good idea.

[johnetoobad]

Hi There!

 

Great to see all you guys planning and working together. Mrs B, sorry to jump onto your thread but I am in a similar (but not the same of course) situation.

 

I have arrived at considering handing the keys back from a position of sale not being a feasible option, with similar needs to put family and own head space first, and mainly, from emphathising reading about your stress and suffering Mrs B... a desire to end this worry and horrible never-ending cycle.

 

Can anyone advise about the time scale and final outcome of handing keys back? do the lenders ever stop chasing with assertive letters or do lengthy court appearances become necessary? and stupid question.. but is any financial salvage possible from voluntary repossession?

 

sorry tonnes of questions, and excuse me from placing them here, I wonder if some practical stages and steps to this process could be explained so the jump to do it may feel easier!!

 

Keep on fighting guys, keep up the hard work

[Mrs E Blackadder]

No problems about 'jumping in', I hope that knowing you are not alone in this situation will help you a little.

 

Your questions are the same kind as I have, so any answers you receive will also be helping others who are facing losing their homes in one way or another. I can only describe my experience as being one of a rollercoaster ride with more horrendous ups and downs than any theme park ride can throw at you. At least you know your ride at Alton Towers is going to end, and quite quickly!

 

You may want to start your own thread so that replies you receive are based on your actual facts rather than those of others. If you do, then I for one will be following your progress and wishing you the best.

[johnetoobad]

Hi Mrs B

 

Thanks for the reply! My thread is started, but is languishing somewhat! Check it out.

 

I wonder if you have equity in your property? (I haven't...har har!) This may make the 'handing back' easier? I presume any equity will simply cover the costs of letting the bank do the selling for you?

[Mrs E Blackadder]

Hi Johne., There may be a small amount of equity left in my property, and that's partly why I am not sure whether or not to just hand back the keys. Selling the house would be a better option long term, but as I don't have the money to pay for solicitors etc up front and can't guarantee enough to pay them from any equity it seems like repossession or handing back the keys might be a better option.

 

The other problem I have is that because I can't get hold of Mr B very easily, I am not sure that he can sign any necessary documents related to the sale of the house and that could cause major problems with losing any buyers.

 

I feel that if the house is repossessed then yes, as you say, if there is any equity then it might well cover everything and then the worst I am left with is a rubbish credit status and no chance of getting another mortgage for a few years. As my credit rating was shot to pieces years ago and I have no intentions of having another mortgage any time soon, hopefully I will be able to work around things.

[Mrs E Blackadder]

OK, next question in this never ending saga!

 

What if I sell the property, what are the advantages over repossession? Bear in mind that I want to leave asap now and selling could take time. A friend of mine has been trying to sell her house for several months, the first buyer pulled out and left her out of pocket and it's this sort of thing I really don't need/can't afford. I suspect that as there are charging orders on the property we would need a specialist solicitor as well?

 

At least with repossession they would just take it back. I know we would still be responsible for it while they try to sell, but what sort of charges could I expect them to add on? I don't want to throw money down the drain but if there was enough equity to cover the mortgage companies costs then it might be easier than hanging around waiting for a buyer. I suppose I should really find out what the house is worth and take it from there.

[Ell-enn]

Hi, yes it would be a good idea to get a valuation on the property. If you did sell, do you think there would be enough to clear the mortgage and charging orders? - if so it would definitely be better for you to sell than let the lender take possession - they would mostlikely just sell it at auction for what they could get and then chase you for the shortfall.