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home repossessed while i was abroad - help


bigkenxx
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Where do i start,

 

I had my house repossessed on 30/11/10 at 12.30 and i had no idea it was happening i

 

had been out of work for a year through being in a road accident which resulted in me losing my job.

 

I signed on job seekers which was a slow process to get any money at all and housing benifit wouldnt help either.

 

I found a job and signed off job seekers which on the first day of being employed

the boss said that he was sorry but the contracts for work that had supposed to be coming in

had been withdrawn so he didnt me anymore.

 

So i couldnt sign on jobseekers again

so i went self employed and have been working abroad

 

i rang my bank to inform them i was working

and to agree on a monthly payment to pay my mortgage and arrears i

 

they informed me that i had missed court

and my house was going to be repossessed in 2 days which i was a shock.

 

I had not been able to open mail because of working abroad

and was only arriving back in uk on the monday night

 

i went to the back tuesday morning with a payment

which they said unless i paid 12,000 arrears in full

the repossession would go ahead i

 

my next door neighbour phoned me to say a man is changing the locks

 

i rushed home to find all my belongs locked in my house i

 

ve got no basic items at all and i am living in a bare flat that a friend has kindly put me up in.

 

I have now got 2 weeks to get my stuff

but i have to make a appointment and be watched over incase i break my own stuff?

 

any help would be great.

 

Thanks roy.

Edited by dx100uk
clarity & line spacing
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Once an eviction has taken place or a property repossessed a judge cannot vary a possession order,that is fact.You could appeal against the order if you could prove the process was fraudelant,or you were subject to oppression.The term oppression can encompass a number of areas,you could appeal on the grounds that your lender had acted unfairly by seeking possession of your property at a time when you were out of the U.K,this left you compromised and unable to defend,whether this could be defined as oppression im not sure,however if you go down to your local county court and fill in a n244 form asking for a hearing in court on those grounds,pay 35 pounds you would at least be able to put these points to a judge.

Edited by newstarter
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Newstarter is wrong, you can challenge the repossession on the grounds that you were working abroad, did not receive any notification, had the means to pay and can get this dealt with by the courts at an emergency hearing.

 

I know because I have done it myself on lesser grounds than yours.

 

After eviction an N244 is £75, not £35.

 

I will get Ell-enn on board, she is our expert on repossessions.

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Thank you all for having the time to reply so soon

 

i shall be going to my local court to ask about N244

 

i coundnt believe it when someone has the right to lock me out of technically my house even the locksmith asked the baliff to ring the court and postpone the repossession

 

which he declined to do

 

all i could do was to get my dog and cat out of the house.

 

The hard thing to accept is that i was down the bank trying to sort out a agreement but they werent helpful at all

 

they say i have to arrange for someone to be there while i enter the house which isnt till tommorow

 

meanwhile

 

people who i dont know, except the estate agent who is eyeing up my house, have been entering my house twice or three times a day where all my belongings are in there.

 

how do i know things arent being taken ?

 

i rang estate agent and said this is not right i dont know you or these people i should be there when you enter my house - he replied it is being left secure - he assured me

 

so i asked him give me the keys to your house & i will walk round then lock it up i promise!

 

to which he didnt have a answer to

 

it is crazy when i cant even get in my house

 

even to get basic items untill tommorrow?

Edited by dx100uk
PLEASE use sentences and line spacing - very hard too read in one block!
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I know the feeling, it happened to me, they gave me 2 HOURS the following day to get stuff out, then from 10 to 4 the day after. Some young kid sat in a van and came and took pictures of the rooms after we left, he was told where to go by one of my brothers. I returned a couple of days later with yet another 'sitter', this time an Italian student who got reported to the authorities by my neighbour for not declaring income.... and collected the rest of my stuff. My cat hid and couldn't be found by the bailiff but I got her out later.

 

Both the main mortgage company and the second charge company (who carried out the reposession in my case) are now in administration with no buyers.

 

I have alerted the main person on this site to your thread and hopefully we can get you the help you need.

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Take a look at shelters web site and information regarding your problem,it does seem to tally with what i was saying, a number of other sites seem to take the same view,however Sillygirl is right,you must act quickly,not least because any paperwork will be easy to trace as its only been a short while since the repo.

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It is possible to request a suspend possession order at this stage.

 

There is some good advice within this part of the National Debtline Pack:

 

http://www.nationaldebtline.co.uk/england_wales/pdf/self_help_pack/mortgage_arrears.pdf

 

Are you in a position to pay the mortgage PLUS a little towards the arrears?

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If you can show good reason why you did not attend the hearing for possession (do you have proof you were abroad?) , or were unable to apply to stop the eviction, you can ask for the eviction to be set-aside and that you have a reasonable prospect of success in a re-hearing.

 

You will need to act quickly and you should take advice about getting an injunction to stop the sale of the property until you get a new hearing.

 

Although we can certainly help you with an N244 application, I strongly suggest you contact Shelter as they may be able to provide some legal representation. Their number is 0300 3300 515

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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