HSBC - Repossessed in absence

[jssandy01]

Need urgent help.

 

House repossessed today whilst away.

We have been away since xmas.

We are disabled and my husband has a terminal illness is on oxygen and unable to travel

we are in Scotland but live in England.

 

there was an eviction 14 day served but as we were not there did not see or know about it.

Also it appears previous correspondence sent to an old address.

 

Locks changed today

need to know what to do.

 

can eviction be set aside?

All our possessions still in house.

We are very unwell at the moment staying with friends due to circumstances. 

 

[AndyOrch]

The process of eviction is a long process.....a lot longer than the 14 day notice.....so what did you do to challenge the repossession before leaving for Scotland at Christmas ?

 

 

The locks will be changed to prevent you re-entering. If you are not at home when the bailiffs arrive, they are allowed to break in and change the locks.

If the bailiffs think there might be some resistance from you, they may ask the police to be present when they carry out the eviction. The police are not allowed to help the bailiffs with the eviction. They are only there in case there is a breach of the peace.

 

Your lender has a right to vacant possession of your property which means that all your furniture and belongings must be removed. The bailiffs should not remove any of your furniture or belongings but will usually watch while you do this. If you refuse to remove your possessions, your lender is entitled to remove them. Your lender can also get a court order requiring you to remove your possessions.

 

Once you have been evicted, you will not usually be able to get back into the property. However, you may be able to make arrangements with your lender to leave your belongings locked inside and to collect them later.

 

If the bailiffs arrive when you are not at home and change the locks, leaving your possessions in the property, you will need to contact your lender. Your lender should then arrange to let you into the property to collect your possessions.

 

https://www.citizensadvice.org.uk/debt-and-money/mortgage-problems/eviction-for-mortgage-arrears/

 

Andy

[jssandy01]

we had no communication from them as they were corresponding to an old address 

 

we did not know about any eviction as we had not received anything from lender as they were sending correspondence to an aold address. This is out of the blue. 

 

My husband has pulmonary firbrosis and is on oxygen. terminally ill.

Bank is HSBC and were aware of health issued back in 2016 

 

any correspondence to the mortgages address must have been sent after xmas .

we were due to return in a couple of weeks 

 

[AndyOrch]

Why would the Mortgagee (lender) send correspondence to a previous address and not the one which they gave the mortgage on ?

[jssandy01]

it was an old address when we were living elsewhere 6 years ago

 

we wrote to them to advise we were back at mortgaged property in 2015

 

[AndyOrch]

So HSBC hold the mortgage on two of your properties......?

[jssandy01]

no just one where we live

 

need legal advice on setting aside eviction 

 

[AndyOrch]

Quote

no just one where we live

 

 

So why would they send documents to an old address which you resided in over 6 years ago ?

[jssandy01]

because they did not change our address on their system it would appear

 

[AndyOrch]

But they have your current address...they lent you money to buy it....they sent the bailiffs to that address to repossess their property because your not paying the mortgage they lent you to buy it...there is no need for them to have your previous address or change it on their system..

[jssandy01]

My husband is terminally ill, unable to work and i have health issues also very serious for some time.

We had not had any contact from them as they were corresponding to an old address i only found that out today.

 

they sent eviction notice after xmas to our home when we were not there to defend it.

It is not as simple as you describe. J

ust need some advice on how to set aside and get our home back.

 

[AndyOrch]

Well that what I am trying to establish and if you have legal grounds....but your making it very difficult and wont explain why they would send documents to a previous address unconnected to the repossessed property ?

 

The full story would be helpful.....

 

it was an old address when we were living elsewhere 6 years ago Which has no connection to HSBC or your current repossessed property ?

 

we wrote to them to advise we were back at mortgaged property in 2015 Why did you write to them ?  Have you not been living in the mortgaged property ? Have you been renting it out whilst living in the old property ?

[jssandy01]

we moved out briefly 8 years ago to look after my mother who had alzheimer's and gave HSBC correspondence address. We moved back to mortgaged property in 2015 and told them to correspond to mortgaged property once more. they failed to amend their records. they still have old address as correspondence address which is why we have not had any written correspondence. 

 

we did not rent the property out whilst we were not there

The unconnected address was my mothers address where we looked after her 

 

 

[AndyOrch]

Now we are getting somewhere ...if only you had explained that in your opening post 2 hours ago.

 

Now tell me about the mortgage arrears...letters sent to mums house or mortgaged house and you received them pre xmas 2019 ?

[jssandy01]

spoke to HSBC today who confirmed correspondence was being sent to old address pre xmas

 

 

[AndyOrch]

So how much are your arrears and when was the last time you paid the mortgage ?  DId your mother not inform you of all the post arriving from HSBC ?

[jssandy01]

My mother had alzheimer's and moved into care which is why we moved back We wrote to HSBC to confirm we had moved back and told them to send all correspondence to mortgage address. 

 

Arrears are about 70k . We had the house up for sale due to deteriorating health and change of circumstances. payments made about 18 months ago. As we had not heard anything was hoping to sell 

[AndyOrch]

Okay.....so apart from them sending warning letters and details of the Possession Order to an address that you had advised you no longer reside at and then sending the Notice of Eviction to the correct address but you were away at the time and of course they followed and completed the eviction in your absence.

 

What basis do you have to try and set a side the Eviction given that you have not made payment for 18 months and are 70K in arrears...and although the correspondence went to the wrong address...you had full knowledge of the arrears and none payment ...what action did you take to alleviate the pending eviction...did you you inform them of your financial position and unable to make payment...did you set a course of action plan with them to try to catch up or reduce the arrears ?

 

You were fully aware of the debt and none payment.....whether you received the correspondence or not.....you was aware and surely know that a House is at risk if you not pay the mortgage ?

 

[jssandy01]

Action taken : the house was up for sale and wanted time to achieve that. :

HSBC were also aware of our health matters and disabled status. mental states not good. no where else to live 

Had we been aware we would have presented our plans for sale to to the court .

 

[ericsbrother]

so what happened to the mothers house where you were living for a short while?

Is there still any association  between it and you?

 

did you give the people living there (if applicable) your forwarding address?.

Did the bank not get their letters sent back marked not at this address or the like?

they will need to answer that one but you can answer the first 2 points

 

What do you want as an outcome from this?

The chaces are you may well get a large proportion of the costs they will have added to the account back but it must be said that if you have been elsewhere for the past 3 months you arent exactly busting a gut trying to sell the house and may have been wise to seek advice from the bank as how to stop your losses some time ago

[jssandy01]

My husband is dying this was not top of my agenda unfortunately.

If you experience that you will  understand how each day is a struggle and how confused you can get .

 

We had not heard from HSBC for 18 months- 2 years.

Had no idea an eviction was coming.

We are both disabled .

 

The original possession was granted without us ever attending court.

We have never presented a defence before a judge.

 

Is there anyone with experience of getting house back?

Understand we may have a case of oppression and original possession should not have been granted as we were unable to attend due to disabilities and we requested an adjournment which did not happen.

Any help appreciated. 

 

We have only been away since first week of january so was not home when it came.

All associated correspondence was sent to wrong addresses so we knew nothing about it.

 

Since january 2019 I have been nursing my husband.

I almost lost him in March 2019.

He was taken I'll again in January which is why we have not been able to travel home. 

[AndyOrch]

You knew you was 70K in arrears and have not paid anything towards the mortgage for 18 months...so its no surprise really...whether they posted to the correct address or not.

[jssandy01]

Thanks I would have thought there was some recourse as we have never had our case in front of a judge. The lender also knew they were sending correspondence to wrong address. 

 

[AndyOrch]

Setting aside executed warrants

Once the warrant has been executed, tenants are unable to rely on any of the statutory provisions outlined on the page on Varying or postponing a possession order that allow the court to stay or suspend the execution of the possession order or postpone the date for possession. Those powers are only available before the execution of the order. However, if appropriate, an application to set aside the possession order after it has been executed may be made. If the court sets aside the possession order then the warrant is also set aside – see the page on Setting aside a possession order.[1]

 

Often, the circumstances of the case mean that it is not appropriate to apply for a set aside of the possession order. The only other way for an occupier to be reinstated into a property after the eviction is by making an application to set aside the warrant. If the possession order itself cannot be set aside, a warrant of possession may only be set aside after execution where it was obtained by fraud, or there has been an 'abuse of process' or 'oppression' in the execution of the warrant.

 

https://england.shelter.org.uk/legal/security_of_tenure/possession_proceedings/after_eviction

[unclebulgaria67]

Appears to me that you are not able to represent yourselves in dealing with this matter due to current circumstances and may need help from organisations such as Macmillan Nurses, Shelter Housing charity.

 

It is much more complicated than trying to set aside the possession on grounds of not receiving the Mortgage companies letters. If this matter is put in front of a Judge, they are going to want to know what your payment proposals are, which include paying towards arrears.

 

Presumably you and your partner are in receipt of relevant benefits. With a terminal illness diagnosis, this may qualify for additional benefit help. If neither yourself or partner have had employment earnings in the last 9 months, you might qualify for Government Support for Mortgage interest loan help.  Macmillan Nurses can help you with looking into your benefits and any help you can receive.