Help - Eviction Order looming!!!!!!!!!

[steven71]

Hi

 

Just registered on this great site as I too am stuck in a similar scenario with a decree up here in Scotlan just been granted to the lender (Church House Trust).

Lender due to receive order next few days with intention to have sheriff officers serve asap. I am in a stressed panic as firstly cant find anywhere for family (wife and 2 young kids)to go, but there are other reasons.

1 There is a sale of the property that the lender is blocking which has dragged on for months which also unfortunately led to our local council losing patience with the sale and pushed ahead to bankrupt myself and my wife. This meant the sale was then out of our hands.

I am so angry especially as the buyer wanted in at the end of May, but we were made bankrupt at end of April, for the sake of a few weeks!!

I dont know where else to turn, the buyer has been ignored by lender, he still wants to buy it asap, and I dont want a repossession over me. Is it the case I can still legally apply for a Suspension order to try and get this mess sorted out, or is it just better to focus on moving before they come knocking?? the council are not too keen on helping either as it was them who made us bankrupt!

[Bigdebtor]

Steven71

 

You should contact Mike Dailly or a member of his team at Govan Law Centre ASAP. This is one of the areas they specialise in.

 

Good luck!

 

BD

[actionnotwords]

Steven

If you've been made bankrupt all this is completely out of your hands,all your financial affairs are in the hands of your trustee in bankruptcy,the official receiver who you would have to consult before taking any action,in fact they may take action on behalf of you or without your consent.

You could apply for the bankruptcy to be set aside but would have to post the exact circumstances in why you were made bankrupt.

[Desperate Daniella]

Hi Steven,

 

I just saw your post on cosalt's thread.

 

Help will be along soon. I have just hit the red triangle for the site team to alert an expert for you. Ell-enn is brilliant at this kind of thing and I am sure she will help you if she is around.

 

I am sorry you are having such a bad time.

 

DDx

[Ell-enn]

Have you contacted Shelter (Scotland), Shelter Scotland - The housing and homelessness charity

they can be very good in these situations. You could apply for a hearing at court to delay the eviction to give time for the sale to go through.

[steven71]

Thanks for this.

 

I am a lost soul at the moment, as I tend not to rely on solicitors, they wont speak until you turn up with a pot of gold for them..!

 

I have contacted my local court where they are dealing with the decree, and one of them is looking into whether I can do something today in respect of appealing, as the lender just seems to be igoring any contact I or the buyer are attempting to make with them.

 

Will keep you posted on what happens, but any advice you are giving me is absolutely invaluable and will always help

[steven71]

Thank you!!

 

Means a lot to have someone point you in the right direction, as at the moment, I am a lost soul being ripped off with fees and advice, right or wrong, from solicitors...They just dont care about anyone..

 

Fingers crossed we can prevent this from happenin and get this damn property sold

[Ell-enn]

Give Shelter a ring - they give some really good advice.

 

Also depending where you are in Scotland - this is a good link Govan Law Centre

[Desperate Daniella]

I know Ell-enn always asks about children in the property, and as you have two who will be affected I'm sure this will be relevant. If you have been made bankrupt, are you in a position to offer the lenders anything while the sale is going ahead? How fast can your buyer move?

[steven71]

Buyer is ready to go, so only hold up would be dreaded solicitors...so a matter of weeks.

 

There is a shortfall, but I stipulated to the lender I would be in a position next month to repay in full as policy maturing, and to this they stated were not interested, just wanted possession. I also just started a new job, and willing to make payments, again, they are not interested...

So I could walk away, and not repay the proceeds, but I wanted a clean slate escpecially in this climate at the moment.

Just praying the court comes back this afternoon to state that I can be given leave to appeal.

 

Otherwise its an instant upheaval to an area we have no control of where we are.

[Desperate Daniella]

Just hang on a little while longer. I'm sure expert advice will be along soon.

[caro]

I'm not familiar with how things work in Scotland Steven, but would advise you to contact

 

1. Govan Law Centre http://www.govanlc.com/scotland.htm

 

2. National Debtline Scotland http://www.nationaldebtline.co.uk/scotland/debt_advice.php#2

 

3. Shelter http://scotland.shelter.org.uk/housing_issues

Edited June 1, 2010 by caro

[caro]

I notice you've posted a number of duplicate posts Steven so several people have given you the same answer where they could have saved some time. I've unapproved all but one of the duplicates and moved all the responses to your own thread.

 

As you see they mostly say much the same thing, so just stick to one thread so we can all follow your progress and help if we can.