Northern Rock - Property Already Repossessed Need Urgent Help Please

[out_of_the_red]

Hi all,

 

I hope you can offer some advice on this, it's quite a long story but I'll try and keep it concise

 

My friends property was repossesed on Monday and he only found out when he got home and the locks were changed. He immediately contacted Northern Rock who first of all said if he cleared the arrears (approximately £1,100, two months arrears) and paid three months in advance he could get the house back. They then changed their mind on the phone after speaking to a different department and said they wouldn't accept any payments and the house was repossesed. The reason they gave was that it was because it was the second time they had put a repossesion order on the house. The previous one was served in roughly August 2012 and with help managed to get the £4,500.00 of arrears cleared and the repossesion stopped without going to court.

 

I have done lots of research and can see there is still some potential to get the property back but am struggling with what the next step should be. Everywhere I have read it says he should continue to make mortgage payments yet Northern Rock refused to take his money??!! He is seeking legal advice but finding solicitors are not calling him back, which is proving very frustrating.

 

He was also under considerable stress with his finances as the house had had a significant fire (total loss of the roof and roof timbers) and he only found out after the fire his insurance had lapsed. He spent a considerable sum of money trying to get the property inhabitable again and then ran out of money. He wasn't living in the property again until around August 2012 due to the condition of the house and was hopping between friends homes and that in itself has taken it's toll. The fire was also the reason why he fell into arrears last year.

 

Should he go to his doctor to have it put on file he is suffering with stress?

 

Should he be looking to file an injunction to stop the sale of the house first?

 

Thank you for your help

[out_of_the_red]

Hi all,

 

I posted this yesterday but in the wrong place so am reposting here

 

I hope you can offer some advice on this, it's quite a long story but I'll try and keep it concise

 

My friends property was repossesed on Monday and he only found out when he got home and the locks were changed. He immediately contacted Northern Rock who first of all said if he cleared the arrears (approximately £1,100, two months arrears) and paid three months in advance he could get the house back. They then changed their mind on the phone after speaking to a different department and said they wouldn't accept any payments and the house was repossesed. The reason they gave was that it was because it was the second time they had put a repossesion order on the house. The previous one was served in roughly August 2012 and with help managed to get the £4,500.00 of arrears cleared and the repossesion stopped without going to court.

 

I have done lots of research and can see there is still some potential to get the property back but am struggling with what the next step should be. Everywhere I have read it says he should continue to make mortgage payments yet Northern Rock refused to take his money??!! He is seeking legal advice but finding solicitors are not calling him back, which is proving very frustrating.

 

He was also under considerable stress with his finances as the house had had a significant fire (total loss of the roof and roof timbers) and he only found out after the fire his insurance had lapsed. He spent a considerable sum of money trying to get the property inhabitable again and then ran out of money. He wasn't living in the property again until around August 2012 due to the condition of the house and was hopping between friends homes and that in itself has taken it's toll. The fire was also the reason why he fell into arrears last year.

 

Should he go to his doctor to have it put on file he is suffering with stress?

 

Should he be looking to file an injunction to stop the sale of the house first?

 

Thank you for your help

[messina67]

Hello there,

 

I've just seen your post. Just out of interest, did your friend make an application for a stay of eviction? Secondly, when was the date of the eviction?

[out_of_the_red]

Hi,

 

Unfortunately he had stopped opening his post and only realised the house had been repossessed when he got home on Monday and the locks were changed. The eviction was Monday 11th February. I'm hoping someone can offer some help as it'll be a week tomorrow and I'm worried he's running out of time

 

Thank you

[messina67]

Hi there,

 

I am by no means legally trained. However, I know someone who's going through a similar situation at present. Similar, in the sense that his property was repossessed and he is currently seeking redress. He was informed that "post eviction/possession", there are only three grounds on which one can appeal. The difference here is he made a last minute application to stay the eviction, which was subsequently dismissed by the District Judge. He was successful in gaining permission to appeal and is currently waiting for an appeal hearing date.

 

Therefore, I don't know whether your friend's situation would fit within this criteria. I suggest he contacts the Citizen Advice Bureau or a solicitor asap so as to obtain the necessary advice. The period in which one can appeal (if applicable) is within 14 days of the warrant being executed i.e. 14 days post the eviction date.

 

Your friend needs to be aware that the mortgage lender may endeavour to sell the property as quickly as possible. This price is usually well below the market value and well below what your friend owes. It's a good idea to seek advice on the injunction you mentioned above. My friend was advised of this, however, the permission to appeal route worked for him.

 

The very best of luck to you and your friend.

[out_of_the_red]

He's going to see a solicitor today so I'm hoping something positive will come of that. Thanks for clarifying the timescale

 

He has found out that Northern Rock are putting the house on the market rather than through auction, not sure why

[out_of_the_red]

Hi,

 

My friend called the solicitor to confirm what paperwork to take and actually spoke to one of the solicitors this time. They advised the first session would be four hours to go through everything and it would be £920.00 plus VAT and any time over that would be £230.00 an hour. They have said it will cost between £5,000 and £6,000 with no guarantee he will win. Now at a loss as to what to do

 

I'm so worried about my friend and just want to try and help but it's proving so hard because of the repossession having already gone through. If he'd known before they came I could have helped him with ease.....

[Professor Fate]

You can try and make an application on N244 quickly saying that you never received any of the paperwork in connection with the repossession and ask for an emergency hearing. Dont tell the court he couldn`t be bothered to open his mail you will have to say he never received anything at all.

 

At the hearing you had best be able to ask for the sale of the property to be halted whilst you talk with your lender about making an agreement to pay as you did you have the opportunity before and have the means to do so financially. You will need to be convincing to the judge about why you never received the summons and also that you have all the necessary will and funds to make good on the arrears. If you didnt receive any documentation in the post you can argue the lender has not followed pre-action protocols which is the best bet in this case.

 

Does your friend currently have any money set aside to pay anything towards the arrears and costs?

 

You can also make an application to the court for an injunction for sale on the property whilst you take action. This is separate from the N244 and I cant remember offhand what the form is but its not cheap (about £400) and you need first to follow the protocol of issuing a letter to your lender informing them you intend to issue an injunction if they begin the sale of the property.

 

Your friend should not have just left this till after the fact as its considerably harder to deal with it now, its a shame as most action can be stopped easily. Next time, he should read any mail he gets as ignoring the court wont help him and it will cost more to defend and reclaim the situation.

Edited February 18, 2013 by Professor Fate

[out_of_the_red]

He has the money to clear as its only currently around £1,500. I'll get the N244 filled in for him tonight, hopefully we can do something

 

Thank you so much for your help

[Professor Fate]

One thing that you need to be careful of is you will have to make it clear that you were informed of the arrears when you called the lender after the locks were changed.

 

If that fails to bring the lender to negotiate as the repossession has already gone through, then ask the judge if you can appeal against the decision that has been made and get a date. You will have to fill in the relevant appeals form `appellant’s notice` and pay the fee. As your friend has already spoken to a solicitor there is no guarantee that he can force the lender to let him back into the property even if he offers to pay. Not receiving any documentation is a valid reason for appeal but given the length of time since the repossession it may be too late. You can only try.

Edited February 18, 2013 by Professor Fate

[out_of_the_red]

I'm hoping that the time may be ok because he can say he was struggling to get help and it's taken him a week to find out about the N244. At this point anything is worth a try

 

Thanks again

[northernbloke]

Saying that the papers weren't received is plausible as they are only sent by ordinary mail, not signed for, which for something as important as this isn't really on.

[out_of_the_red]

I have to say I thought the same, mail too easily goes astray

[Professor Fate]

The only thing you can do short term is try and get NRAM to the table to negotiate over the arrears to allow you both to make a deal that they will agree to and let you back in. You will have to let NRAM know that you have made an application for a hearing where you will discuss the case and ask for leave to appeal. They may or may not turn up. You need to add pressure on them to change their mind. As I said, if they dont play ball with that then you go for appeal to a circuit judge and get the repossession overturned if you can. Almost certainly they will turn up for that one.

 

Get your friend to get as much money as possible together £1500 plus any down payment as you will need to show this once you go for appeal. In the appeal you must stress that all the facts were not known in the case so the previous judgement is flawed as you did not even know that NRAM had gone for repossession and you had enough money (proof) to pay and want to keep the house. The circuit judge has wide ranging powers to help you if you can make a convincing case. In the meantime, keep NRAM informed in writing only, no telephone calls about what you are doing and why as it adds to your case that you have had no communication from them.

 

Last resort whilst waiting for appeal is the injunction on sale. If NRAM cant sell they are more likely to listen to you if they wont do so voluntarily.

[out_of_the_red]

Thank you SO much! Will get onto this tonight. I'm trying my best to fight this for him. I know banks are black and white but to repossess someone's home for £1,200 seems excessive especially as he'd cleared more than half less than 10 days before

[Rocco17]

Saying that the papers weren't received is plausible as they are only sent by ordinary mail, not signed for, which for something as important as this isn't really on.

 

In fairness though that is a lot of post to go missing, from the lender, solicitors and a hand delivered notice from the court.

 

Not saying that it isn't worth trying, or that it can be proved at all that it was received, but it would be questioned.

[Rocco17]

But that is very true that the arrears are at a very low level for a repossession. If the appeal was made before the eviction it sounds like it would have had a good chance of success.

[out_of_the_red]

That's what's frustrating, will try what I can. Thank you

[Professor Fate]

He would have stood an excellent chance of keeping the property if he had attended the hearing.

 

As it is, you cant say that he couldnt be bothered to open his mail. Receipt of some mail is acceptable if some of the important ones eg. hearing date never arrived. Its really up to the borrower to see what reasonable excuse can be made for not going to the hearing and he would know better than anyone else the circumstances around it. The circuit judge will only look at this if there are some procedural or factual issues that would make the original judgement unreasonable. Low level of arrears is a good point to make, that you can easily pay if you had known about the hearing etc.

[out_of_the_red]

He's also going to CAB tomorrow evening as there are solicitors there who offer free legal advice, I'm going too so I can make sure everything is covered. I'm guessing they may suggest what he should say

[messina67]

Good luck to you and your friend. I see you've been given a lot of advice and support since my last response to you, which is excellent!

 

All the very best.

[Ell-enn]

It's not a good idea to suggest that he lies about the post not being received - he should tell the truth and say that the stress of the situation with the fire and his having to live with friends etc caused him to overlook some of his post.

[out_of_the_red]

Thank you ell-enn, I did wonder if that may be a better line to take. I worry lying could land him in more hot water

[Ell-enn]

A judge might accept that one piece of mail could go missing but not several letters (I've known a judge say this) - your friend has only one chance at this - better not to give the judge any reason to think he's not trustworthy

[out_of_the_red]

You are right, thank you