Repossession 2019 (for friend) ***Resolved*** then but now back in even worse situation

[HP Mum]

Hello

Yes - it does say that.

 

But originally - start of year - a judge ordered that the general form of judgment or order "hearing adjourned generally, with permission to restore and the claim be struck out if no request to restore is received by x date".

 

As friend hadn't paid mortgage payments by x date the bank actioned the " request to restore".   

Friend knew nothing about this until after the event - and the judge that heard bank's request agreed to reopen the claim. 

 

As such there was a possession hearing date set for soon y date. 

Friend has paid the arrears in full. 

 

I'm a bit confused - a possession hearing isn't yet an order for possession - is it?   

 

Can't friend revert to original judge's comment saying "claim be struck out"?? (Cos the reason for the claim (non-payment) has been settled)

 

Also - as per post #10 - the original cc was given whilst having full knowledge friend was overseas.   

Can friend now apply to have claim set aside on those grounds?

 

The 1st Claimant (The managing agents chasing service charge arrears) assumed friend had a lawyer - and sent papers to a lawyer the friend had used once.  But lawyer was not instructed and hadn't been for more than 1y.  Both claimants, agents and bank, knew friend was overseas and unrepresented.

 

[honeybee13]

So had your friend left the country without leaving a forwarding address or getting someone to open their post? If they hadn't made arrangements I'm not sure if you can say that the claimants are at fault.

 

HB

[honeybee13]

This page from Shelter seems to have the answers to some of your questions.

 

https://england.shelter.org.uk/housing_advice/repossession/what_to_do_when_your_mortgage_lender_starts_court_action/decisions_the_court_can_make

 

HB

[HP Mum]

Funny HB - I was just on the same site!  Thanks.

 

Re post - I have been helping friend with post, but I don't have legal power of attorney so can't represent via courts and friend couldn't (wouldn't??!!) deal with it from overseas.  I don't even have a forwarding address or #.  I rely on email communication

Edited November 21, 2019 by HP Mum

[honeybee13]

It sounds as if friend has been the architect of their own misfortune, sadly, if they ignored deadlines and the need to communicate with the other parties.

 

HB

[dx100uk]

it returns to being a suspended possession order.

 

 

 

[HP Mum]

HB - friend historically has left issues to the last moment, always incurring extra costs.  It has been so frustrating.  Always worried about bills; yet always ending up paying more...

 

Dx- Is it worth friend writing to the court to say that a legal rep could go to the court on the hearing date - to request Claim be stayed/ struck out?  Even though bank has said they will write to the courts to say arrears paid in full?  Or does bank action mean the claim court hearing will automatically be withdrawn?   Or does friend have to go the N244 route?

[dx100uk]

He can't 

All they have done is ask for the spo to be extended and met the deadline.

Quite normal.

[HP Mum]

I think friends worry is that that the original initiator of the Claim will step in again.

The original Claim and repo hearing was made by the freeholder for non payment of service charges. 

The bank stepped in and paid the service charges. 

Then when friend didn't pay mortgage the bank asked the judge to re-open the Freeholders Claim. 

Friend paid the bank arrears.   

But now friend is worried that the freeholder will return to re-open the same Claim. Ping-pong between bank and freeholder !!  Unless this particular Claim is stayed/ struck out

[dx100uk]

 

[HP Mum]

Thanks dx - what happened to WA?  The thread just stopped.  His mortgage company sounds like a nightmare to have had to deal with.  Like my friend, he didn't help himself either.  Bit worrying that they increased pressure, went to a hearing whilst WA didn't and they got the 12months extra time on the expired 6y spo.

 

Is there any mileage on friend writing to court to complain about the original possession order being granted?

Due to being overseas and not being notified?   

 

The sols did write that if friend didn't make payments they would apply to court to reopen Claim without any further communication with friend.   So whilst I opened that letter - and told friend - no payment was made and we were in the dark then as to how, when, & where bank would communicate with Court. 

 

Friend had no ability to attend hearing or be party to any written communication bank/judge - to be able to defend or offer explanations as to why hadn't paid.

 

I did remind friend that without payment bank could/ would return to court behind back.  But friend wasn't in a position to make payment.  Until this month - a few weeks before the possession hearing.

 

The arrears was 1500 on a 100k mortgage with property value of ?? At least 1.5m.

[dx100uk]

pers id just let it run.

I used that thread, as many like ones here, to simply pointout, they are quite within their right to apply to extend whilst further payment issues could develope.

 

in the fullness of time, you friend could apply to have it quashed I believe, but not for a long time yet.

[HP Mum]

update - court have given bank until autumn this year before the case is stayed...

friend now needs to ensure he keeps up mortgage payments!

[honeybee13]

Taht sounds like good news, HP Mum.

 

HB

[HP Mum]

It is!

However - friend is already behind in monthly payments

Really need to gee friend on to immediate action.

There is a connected issue - with freeholder demanding service charge payments - which can only be resolved if the bank is on friend's side and willing to add those costs onto the mortgage (to prevent legal claim by freeholder).  Managed to organise this for friend this time last year.  Hoping bank is again agreeable....

More on that to follow anon....

[honeybee13]

Thread reopened.

 

HB

[HP Mum]

Thanks for re-opening this thread.

 

Unfortunately, whilst I did resolve issues for my friend in 2019, the same situation (and worse) has arisen in 2023.

 

Just to recap:

OAP friend owns property in the UK which he doesn't rent out: an apartment in London and a tiny cottage in the countryside.

The cottage is unencumbered.

The London apartment is unmodernised but still  is worth >£1m-£1.5m.  It is on an apx 80y lease, has annual service charges for internal and external maintenance of between £4-£7k, and an outstanding mortgage of £180k.   Historically he has had problems affording the service charges.  He also disputes the amount payable due to incorrect % apportionment - as in, he is paying more for his share of the s/c than a larger apartment in the block.  Whenever he makes a payment he 'pays under protest' - so that these payments can be included in any future arguments/ claims v the freeholders.

He has no income in the UK or abroad.    However, 3 years ago, on his behalf, I liaised with dwp and managed to organise a state pension back-dated lump sum and monthly payments (including late wife's pension too).

 

My original thread above was due to the freeholders issuing a s146 claim for forfeiture due to non-payment of the s/c.   

4 years ago, thanks to this thread, the mortgage company cleared the s/c arrears, added the sum to his mortgage, and the proceedings were vacated. 

On a later date the bank stepped in and paid his s/c arrears again.   

Since then I used his pension funds to make some s/c payments and paid his monthly mortgage (It was under £100/month) until he told me to stop.

 

The problem now is: the mortgage term ended in mid-2021.  And he didn't have the funds to clear the outstanding sum.

So now he finds himself with no valid mortgage and 

a) again owing s/c arrears to the freeholders and another s146 has been issued for forfeiture and

b) the bank has just issued a claim for possession

 

He urgently needs to legally respond - but he remains overseas.

For clarity, he did try to communicate with the bank several times but they refused to communicate by email and wanted him to go into a branch - which has been impossible due to being overseas.  Given the seriousness of the situation he should have tried harder, but he has had his head in the sand, is more frail and just can't cope with the stress.

 

As always, I am helping him.

A few years ago I realised he would potentially be in this situation - so I looked at ways to raise the required funds.  Which I have implemented.

The  bank said they would be amenable up to 18 months after the term expiry - March 2023.   That should have been enough time - but Covid delayed the plans.  Friend did not communicate with the bank to ask for a bit more time - despite my weekly pleadings.

 

Behind-the-scenes I have (for free) been working on realising the value in land attached to his cottage.   In essence, the land is big enough to build another cottage.  Selling the land with planning permission for a cottage should raise enough £s to fully redeem the mortgage on the London flat and - in an ideal world - provide him with enough £s (+ pension funds) to cover annual s/c bills going forward.

The delay is because, after 1 year, the first architect got sick and abandoned the project - eek.  I found a new architect and have since beavered away having the land cleared, obtaining essential surveys, reports, and pre-planning consultant advice.

We are now ready to submit planning application to council... With luck permission will be granted by end May and the land can then be sold. 

(Worst case scenario the cottage could be sold but that's not the required redemption plan) 

 

Meanwhile - friend must deal with the bank's claim and the freeholder's claim.

Which is where I want some advice on here - if possible?  I am panicking on his behalf.

 

Given what I have just described, do you think it is possible that I could call the bank and freeholder's sols and ask them to 'pause' proceedings for say 6 months?

I understand I may have to get friend's written authority to speak to them both.

 

Any input will be welcomed

 

 

[HP Mum]

Can anyone advise on dates.

If court gives a order for possession and gives 28 days before the next stage (letter before warrant I think) - how does one count the 28 days ?

[HP Mum]

Just to ask again - from the date of a court hearing how does one count days??  Is it working days? Or just normal counting days including weekends?

[dx100uk]

only thing that is ever working Days AFAIK is a CCA request.

 

dx