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

[Mrs E Blackadder]

Many thanks to Tawnyowl for helping me to post a new thread. Sorry all, but I'm a bit on the computer illiterate side, so hope that this is the right place and thing to to for my problem.

 

In a weeks time my mortgage company will be able to get a warrant to evict me from my house. To be quite honest I am fairly resigned to the fact and due to a lot of things that have happened it isn't necessarily going to be the worst thing when it comes to ridding yourself of a fairly useless and controlling ex! There really is little to nothing I can do to prevent the eviction so in a vain attempt to keep my sanity I am just going to have to go with the flow as they say. It is fair to say though that I am very scared about getting back on my feet, finding somewhere for me and my children to live and affording it all on a low salary. I am really looking for any advice about remaining sane, getting the right information and keeping myself out of a never ending spiral of debt should there be a mortgage shortfall. I have found a third party, similar to CAB who are willing to act on my behalf and negotiate with the mortgage company should it be necessary. I have even found myself some temporary accomodation until I can find something more permanent, but I have spoken to my local council about private renting and I just found myself becoming more and more confused about how much they would given me towards rent. I also have pets (cats) and wonder what my chances are of finding a landlord who will accept them - has anyone had experience of that kind of thing? I could go on forever at the moment with all the thoughts running round my head, but if anyone can offer anything, even if just moral support, then I would be extremely grateful.

[Mrs E Blackadder]

Thank you everyone for your advice/suggestions. I have tried most things so am aware of what is or isn't available. Yes Jansus, the mortgage rescue scheme has helped about 6 people! Infact, the more I look at it, the more I wonder if it has even helped that many ) Unfortunately I fall into the 96 zillion people it can do nothing for.

 

Something strange has raised its head though and wonder if anyone has any ideas about it... when I went to court, my understanding after the hearing was that we had to make two months payments plus extra towards the arrears. Thereafter we had to maintain the monthly payments plus extra towards the arrears. I had a friend with me who agrees that this is what was said, plus when the hearing finished the lenders solicitor came and asked me if I needed it explained how they had worked out the payment towards the arrears. However, after speaking to my lender last week, they have said that the court said that everything had to be paid so that it was all up to date with no arrears outstanding. To say I went ape is an understatement, but they insist that this is what the court has said. How the hell can such a discrepancy occur and surely both my friend and I can't both be wrong. Also, if the judge had said that everything had to be paid then why did the solicitor for the lender ask me if I needed to know how the payment towards the arrears was worked out? I hope this makes sense, but the only thing I can think of is to phone the court on Monday and ask for some kind of explanation. Has this happened to anyone else on here? This is partly why I am resigned to the repossession because there is absolutely no chance of finding nearly 9 thousand pounds when we actually thought we we looking to pay about 4 thousand.

 

I am fortunate that a relative has said that we can stay with them temporarily and we can even take our pets. It isn't ideal but at least we will all be together, safe and will have time to think. I was feeling incredibly lonely, like I was the only person ever to go through this - but it is reasuring to know that some of you have been there before me and survived. Sad, but reasuring!

[Mrs E Blackadder]

Very useful advice, especially about meeting with the landlord if possible to show that I'm not Waynetta Slob . I read somewhere that it is probably a good idea to treat it a bit like a job interview and make sure that you turn up nicely dressed and organised. It is good to hear that your friend found a landlord who didn't mind cats - does she have his phone number lol.

 

I was lucky enough last year to get a part time job which I love, with such supportive colleagues that at times it has been the only thing that has kept me going. Some days I cope well, others I feel suicidal and just so overwhelmed with how to sort everything out. Then just when you think you are making headway, something like the discrepancy with what I think the court said and what the mortgage company says they said happens and it just becomes another heap of poo to sort out!! Yesterday I cried all day, today just for an hour. Actually finding people this has happened to is amazing because there are no support groups out there in the real world (no-one wants to talk about it I suppose). I keep trying to remind myself that actually, sometimes in life you really do have to 'go with it' as it is the only way to move forward.

 

Thank you also for the advice about the mortgage shortfall. I have read that it is sometimes possible to get it written off altogether if it is small, or to keep paying just a tiny amount to at least show willing. I am also aware that it will no longer be a priority debt but I do worry that even with an agreement to pay a small amount in place they might pass it on to a debt collection agency. I have had to deal with these with regards to the ex's debts and it has been a nightmare getting them to believe that he walked out and left no forwarding address. But that's another thread for me to start lol.

 

Tawnyowl - bless you for putting me in the right direction. If I hadn't have found your thread about your own repossession then I would probably be under a number 27 bus by now!

 

Please keep any info/moral support coming, I really am so grateful. If anyone has encountered problems with discrepancies between what they think was said in court and what they are being told was said then I would love to know how you sorted it out. I am sure I am right but just feel that they will close ranks if I contact them.

[Mrs E Blackadder]

I rang the court today about the discrepancy. They didn't fob me off and took all the details and said that they would try to call back by 4pm today. They didn't, so will call them again in the morning. I'm not at all hopeful that they will agree with my version of events in the court room, but I don't see how 3 people could have got it wrong. I will let you know what happens and whether or not I get to stay in my house any longer.

[Mrs E Blackadder]

Out of interest PriorityOne, how did 'they' trace your ex? Mine seems to have made sure that all roads lead back to me!

[Mrs E Blackadder]

Most men are stupid (My apologies to all the nice, caring and genuine men who are on here - you are excluded from my criticism. That's if you really exist )

 

Had to ring the court this morning, only to be told (as I expected really) that what the judge has put in his notes stands. I have now put my side of things in writing and asked them to please check again as I still don't see how 3 people could think one thing while he seems to think he has decided another. My faith in the English justice system hangs in the balance!

[Mrs E Blackadder]

Wow, you are the first man I have come across who has accepted an apology graciouslly . Wish there was a parallel universe, you wouldn't see me for dust... (but knowing my luck at the moment it would probably be a bl**dy sight worse than this one lol).

 

I think your psychic powers must have let you down today because there isn't much strength building at the moment. Having dumped the third car load of my life in three days at the local tip it all became a bit much and I sat and cried. Then, something that PriorityOne mentioned came into my head which was that she was now buying her own home, and I suddenly realised that that means she must have another mortgage. Obviously these things do not last forever, and should I get the opportunity in the future then maybe I will get a chance to own my own home again. One of those daft things to think about I know, but it just made me realise that I can hopefully move on if I just give myself time.

 

Hope you enjoyed the PG tips. Did you make a cup for the Mrs as well? I sincerely hope you did Am just about to read the link you left above, it sounds interesting.

 

THANKS AGAIN EVERYONE. YOUR SUPPORT, ADVICE AND JUST 'BEING THERE' IS PROVING INVALUABLE.

[Mrs E Blackadder]

An interesting read that link. I can think of a million things I could type, but frankly the man isn't worth the wear and tear on my fingers. He has only got his money because he has played on others people's misery and has employed underhand tactics in doing so. What goes around comes around, and I truly believe that at some point he will receive the proverbial kick up the backside and with any luck will end up with a debt collector chasing him. I don't suppose that he would agree with me, but one thing I have learned in the past couple of years is that material things mean naff all. They are the icing on the cake, a reward for your hard work, but they are not important. Bet he doesn't have many real friends, just a series of hangers on who are using him as much as he uses the misery of people who have hit hard times.

 

Good grief, don't you just feel better when you've had a good grumble and put the world to rights

[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.

[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.

[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 .

[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

[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.

[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 )

[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?

[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?

[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!

[Mrs E Blackadder]

Thank you everyone for the advice and moral support, it really, really means so much. I'm quite overwhelmed that people who have no idea who I am want to help me

 

I am hoping that all of this will sort itself out in the next day or so as I have had one of those weeks where nothing has gone right (apart from my boss telling me that I am really doing well at my job and they're very pleased with me ). However, I don't want to just heave a sigh of relief and pretend nothing has happened, (I'm tired of being trodden on) so I think that I might just have a go at what Sillygirl did and see if I can somehow get a hearing to prevent them from making this mistake again. Presumably, if I did get something from the court that says if the mortgage co make the mistake again within x amount of months then I could really go for their jugular??

 

If, however, I ring the court to find that the eviction has actually been cancelled, can I still get an emergency hearing to secure some sort of thing to prevent the mortgage company making this kind of mistake again, or will I just be told to go and away and accept that it got sorted out this time?

[Mrs E Blackadder]

Even if the eviction has been cancelled you can bet your bottom dollar that the company will charge this to your account, that is what you want to stop now...

 

 

I do have it in writing from the mortgage company that no charges 'will be incurred on to the account'. Makes me laugh, they make it sound like they are doing me a favour!

 

Mind you, the letter also says that the mistake has been sorted with their solicitors and the eviction has been cancelled, but it obviously wasn't. And they wonder why I'm becoming more and more paranoid...

[Mrs E Blackadder]

Hi again and thanks to all who have given me advice on this one in the past. I have a quick question and hope that someone will have the answer as I can't find it anywhere else.

 

My mortgage company is a total pain in the arse and even when we stick to the agreement they still harrass us and get it all wrong. My query is this: despite sticking to our arrangement, they 'accidentally' went for a repossession. It was all their fault and left me in a real state trying to stop everything going ahead while they sat twiddling their thumbs doing nothing. I got it in writing from them that it was all their mistake, but they still did naff all to clear it up. I gather that as it was their mistake, they are now legally not allowed to act on their court order for a repossession for a certain amount of time and I need to know how long that is. I am again getting letters from them saying that if we don't pay then they will have 'no choice but to repossess your property' even though we still have until the end of the month. I have every intention of paying, but what I would like to do is let them know in no uncertain terms that even if I don't pay, they cannot do anything about it for xx amount of months as they messed up before, and I am quite happy to go to court and let a judge know about their utter incompetence. If anyone knows how long it is before they can actually repossess after their mistake I would be very grateful.

[Mrs E Blackadder]

Ok. As you can see from the date of this thread, this has been threatening for a while! However, it looks like the inevitable will happen in the next few weeks and I am packing up the house as best I can. Ex has not been forthcoming with any money now for nearly 3 months, so it's time to bite the bullet and just get on with it. Frankly I can't take the stress anymore.

 

What I'm really looking for here is tips, advice and help on how to get through this and how to handle the mortgage company etc. I have got somewhere to go, but do not want them hassling me there because it is with an elderly relative. I am hoping that the local community welfare people will act as a third party for me, and will make an appointment to see them asap.

 

I am worried about how long I will get once they put the suspended repossession order in place. Hopefully not just a few days.

 

I'm also concerned because ex has made himself very scarce indeed. Mobile phone number no longer exists, so can't phone or text. No address for him, don't have any idea where he could be. No replies to emails to known email address. As a result, I suspect the mortgage company will try to make me responsible for anything that remains outstanding once they get rid of the house. Fat chance they will get anything as I'm hardly a high earner and am currently not receiving any child maintainance. We are just getting by as it is!

 

As I am pretty much on my own with this one (a couple of friends are helping me pack, but it's down to me to get everything into storage, clean the house and get out on time - and carry on with all the other stuff life expects you to do like look after disabled parents!) and whilst I know I just have to get on with it, it is beginning to overwhelm me.

 

To be honest, I don't really want to fight the repossession because I have no way of saying when finances will be available, and if the house goes then it breaks yet another tie with the errant ex. So, any general hints, tip etc will be much appreciated - especially if you have been through this yourself.

 

Mrs B.

[Mrs E Blackadder]

Hi Ell-enn and Tawnyowl, thank you both for your replies and moral support.

 

Although I know it's time to let go of it all, it still seems such a massive task. I have decided to store only the things that really mean anything to me, but I just don't know what to do with the furniture. I know there are lots of places that might take it, but what if I can't find anyone who actually wants it? If I leave anything behind then they will slap on huge charges and say that they had to clear the house! (As you can probably tell, I'm feeling a bit low today. Having coped with it all so far, I just want to throw everything in the air and scream )

 

I really don't know if there will be any equity left in the property. In theory there should be a little, based on what we have paid off and the general price for houses round here. However, looking at the current climate and the fact that it will be a repossessed property, there is plenty of scope for a buyer to knock it down to the absolute minimum - they will probably claim that the whole place needs gutting and replacing the bathroom, kitchen and boiler is going to cost them. I expect that all kinds of charges will also be added (changing locks, bailiffs fees, that kind of thing), so I can only really guess at whether or not there will be anything left at the end of it. There are also charging orders on the property in the ex's name, and I am worried that they will attempt to pay these off out of anything that might be left rather than giving me my share and then paying anything off out of the ex's half. On the plus side though, I couldn't care less if nothing gets paid towards the charging orders as they will then have to try to find him. Good luck to 'em!

 

I know that you are right Tawnyowl, when you say it is only bricks and mortar. The odd thing is that the house seems to have its own personality and it has never wanted us living here. All kinds of strange things have happened, and there has been a lot of misery along the way. However, my children were born here (mmm, maybe that's a memory best left behind ) and they are such a big plus in my life. I know that we can be happy where we are going, even though it will mean a lot of give and take, but there will be no immediate hurry for us to move on and it will give me a chance to recharge myself and get my finances in order. We can also take the pets, so we will all be together.

 

I think I might turn my thread into a kind of journal, filling in what is happening when I get the time. I would welcome any postings from people who wish to join me on my journey to the next phase of my life and hopefully it will help anyone else who is unable to hold on to their home and are feeling desperate about how to deal with losing such a huge part of their life.

[Mrs E Blackadder]

Mrs. E. Blackadder,

I know it seems really bad, and it is really bad, and to be honest, alot of the time the British legal system just stinks.

I've also lost my home, although in my case the housing market is so bad and the house is in such poor condition (I was trying to do it up whilst staying with friends) that the mortgage company has agreed to rent it back to me until I can get somewhere permanent to live sorted. I also have almost no income and have to keep it together for people who rely on me... This is the second house I've lost - the first to an ex and now this one to a water company. Sorry there's precious little I can do to help you except let you know you're not alone.

Just try to have faith that something good is just round the corner, otherwise you're welcome to join me in building a rocket and jetting out to space!

 

If I could afford enough rocket fuel you could put me first in the queue!!

 

Please don't apologise because 'there's precious little I can do to help you'. Trust me, just knowing that other people have been through this and survived is a good reason for me to keep going. You've been through it twice, which makes you an expert I can look up to!

 

I'm probably the odd one out amongst a lot of people because I certainly don't hold anything against the mortgage company. We borrowed the money, and they want it back, but things have gone disasterously wrong and that's now become impossible. Considering they aren't exactly up there with the nice friendly guys, they could be a lot worse. Actually, I'm more angry with the ex because of his behaviour and the fact that he agreed to keep a roof over our heads, and it appears that now he wants to deliberately land me in debt whilst he tries to hide from it. Or perhaps I'm being paranoid lol.

 

Ell-enn, I did consider selling the house myself, but with no money in the pot and no idea of whether there will be any equity, I just can't risk ending up with huge solicitors and estate agents bills that might not be paid back. After much careful thought (where I deliberately didn't ask friends or family for their opinions so that I didn't get confused) I decided that repossession was probably the best bet/likely outcome. It might not be ideal for some reasons, especially if you have nosey neighbours like I do , however at the end of the day the mortgage company can add on what they like but if I don't have the money to pay it back if there's a shortfall, well they can't have what I aint got. I also reasoned that I could possibly challenge any charges they have added and get things reduced.

 

What was it Yazz sang about? Oh yes, 'The Only Way Is Up'. How very right she was, bless her!

[Mrs E Blackadder]

Thank you so much for that Ell-enn. I have printed it out and will keep it in my ever increasing file of information.