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HP Mum

Repossession advice please (for friend) ***Resolved***

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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.

 

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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


Illegitimi non carborundum

 

 

 

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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 by HP Mum

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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


Illegitimi non carborundum

 

 

 

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it returns to being a suspended possession order.

 

 

 


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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?

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He can't 

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

Quite normal.


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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

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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.

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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.


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

friend now needs to ensure he keeps up mortgage payments!

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Taht sounds like good news, HP Mum. :)

 

HB


Illegitimi non carborundum

 

 

 

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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....

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