Lilly's Repossession

[lilly1203]

Re: Lilly1203 Diary

Have you checked this site out Lilly? It's a charity that helps with repossession cases: http://www.hrac.org.uk/index.htm

Thanks Elsa, will have a look when I get home, cheers Lilly x

[lilly1203]

Re: Lilly1203 Diary

Have you checked this site out Lilly? It's a charity that helps with repossession cases: http://www.hrac.org.uk/index.htm

Hi Elsa, just spoke to them on the phone, they have given me some case law "Target Homes V Clothier 1994" to quote the judge and advised I should ask for 6 months to sell the house, they recon it wont be objected to. I will take this to CAB and ask them how I do this. Thank you so much, it will take the pressure off if I can sell it myself, wow, I can not believe you guys and what you offer to people like me, it is amazing, lots of love Lilly xxx

[5corpio]

Re: Lilly1203 Diary

Hi Lilly

Do/Did they mean Target Home Loans V Clothier [1994] 1 All ER 439
Sale of the property
Mortgage possession claims

target home loans v clothier 1994
Sourcebook on Land Law - S. H. Goo - Google Books

[lilly1203]

Re: Lilly1203 Diary

Hi Lilly

Do/Did they mean Target Home Loans V Clothier [1994] 1 All ER 439
Sale of the property
Mortgage possession claims

target home loans v clothier 1994
Sourcebook on Land Law - S. H. Goo - Google Books

Hi Scorpio, that all looks very scary but It looks like it is the one. I will have a read when I get home and see what it says, thanks for that, Lilly x

[PlanB]

Re: Lilly1203 Diary

Hi UCElsa, the debts are credit cards, store cards and the secured debt is a loan for £9000 he took out, I have recently recieved a balance and with interest and charges it is still £11,000 to clear, the mortgage is £147000+ arrers of £11000, the house is only worth £169000 so even if sold at value will only just clear the debt, if they sell at auction I am stuffed.I think I will have to let the house go and deal with whatever comes afterwards. I have listed all the debts at the begining of the blog, they are enforsable due to date but when the house has gone and we move to rented they can whistle, I have no assetts at all apart from a £1500 car I use to get to work. again many thanks, it is good to talk xx

is this your housing problem http://forums.all-about-debt.co.uk/s...2&postcount=32 if so there may be some things you can do to avoid a possession order on your home on 28th March, and definitely avoid the house being sold at auction.

NRAM have a "Sensitive Case Team" who will help with arrears caused by bereavement. If you've sent them your late husband's death certificate you will be put straight through to that team when you contact the normal NRAM number 0845 603 5412.

If you've got equity in the property you can ask NRAM to capitize those arrears (add them to the loan) so you won't have any arrears. Most lenders ask you to make 6 months payments before they'll do this but you are a special case so give it a try. If you don't ask you don't get.

If you've got evidence that the house is on the market you can ask NRAM for an adjournment of the possession hearing for (say) 3 months to allow the sale to go through. If they don't agree you can ask the DJ the same and you should get a possession order suspended for 3 months at worst. You must go to the hearing and get the Duty Solicitor to represent you in court (it's a free service). Get a friend to view your house through the agent a.s.a.p. and make an offer so you can demonstrate that things are going in the right direction. The friend can then pull out of the offer a week or two after the hearing

Are you getting your Widowed Parents Allowance which can be as much as £460 pcm https://www.gov.uk/widowed-parents-a...what-youll-get

Do you have a spare room so you could take in a lodger for a few months until things get better? You can earn over £80 per week tax-free doing this https://www.gov.uk/rent-room-in-your...-a-room-scheme although it may impact on your benefits.

My worry is if you let yourself get repossessed with arrears you may be seen as "intentionally homeless" which could stop your entitlement to social housing. Go and see your council's Housing Options Team quickly. Take with you the court summons and register for re-housing. If you get a possession order at the hearing just sit tight until you get served with an eviction warrant and then you will be re-housed because you have children even if the lender gets a money judgment for those arrears. At first it may be a horrid B & B but after six weeks you and your kids should be given a permanent place

[lilly1203]

Re: Lilly1203 Diary

is this your housing problem http://forums.all-about-debt.co.uk/s...2&postcount=32 if so there may be some things you can do to avoid a possession order on your home on 28th March, and definitely avoid the house being sold at auction.

NRAM have a "Sensitive Case Team" who will help with arrears caused by bereavement. If you've sent them your late husband's death certificate you will be put straight through to that team when you contact the normal NRAM number 0845 603 5412.

If you've got equity in the property you can ask NRAM to capitize those arrears (add them to the loan) so you won't have any arrears. Most lenders ask you to make 6 months payments before they'll do this but you are a special case so give it a try. If you don't ask you don't get.

If you've got evidence that the house is on the market you can ask NRAM for an adjournment of the possession hearing for (say) 3 months to allow the sale to go through. If they don't agree you can ask the DJ the same and you should get a possession order suspended for 3 months at worst. You must go to the hearing and get the Duty Solicitor to represent you in court (it's a free service). Get a friend to view your house through the agent a.s.a.p. and make an offer so you can demonstrate that things are going in the right direction. The friend can then pull out of the offer a week or two after the hearing

Are you getting your Widowed Parents Allowance which can be as much as £460 pcm https://www.gov.uk/widowed-parents-a...what-youll-get

Do you have a spare room so you could take in a lodger for a few months until things get better? You can earn over £80 per week tax-free doing this https://www.gov.uk/rent-room-in-your...-a-room-scheme although it may impact on your benefits.

My worry is if you let yourself get repossessed with arrears you may be seen as "intentionally homeless" which could stop your entitlement to social housing. Go and see your council's Housing Options Team quickly. Take with you the court summons and register for re-housing. If you get a possession order at the hearing just sit tight until you get served with an eviction warrant and then you will be re-housed because you have children even if the lender gets a money judgment for those arrears. At first it may be a horrid B & B but after six weeks you and your kids should be given a permanent place

Hi PlanB, thanks for your reply. Yes that was my post in another part of the forum. I have sent the death certificate to NRAM but have not been refered to sensitive case team, I will call them and see if they will negotiate better. I am getting the widows pension,thanks. The CAB did a I&E and I am still £225 short every month so it was never going to work, I just stuck my head in the sand and hoped. I am going to see a little house this PM with a rent of half the mortgage and also no GE loan to pay back so I will be £450 better off so there is a chance, just dont want to be left with loads of cash still owing. There is no spare room, it was only 3 beds and I have got 2 teenagers,(one of each)I will try what you suggest re the duty solicitor, many thanks Lilly

[Undercover Elsa]

Re: Lilly1203 Diary

Well done so far Lilly, you're showing great courage through all this.
Good luck with NRAM and the house viewing..

[lilly1203]

Re: Lilly1203 Diary

Well done so far Lilly, you're showing great courage through all this.
Good luck with NRAM and the house viewing..

Thanks Elsa, could not have done it without my dad and this site xx

[pezman65]

Re: Lilly1203 Diary

Hi PlanB, thanks for your reply. Yes that was my post in another part of the forum. I have sent the death certificate to NRAM but have not been refered to sensitive case team, I will call them and see if they will negotiate better. I am getting the widows pension,thanks. The CAB did a I&E and I am still £225 short every month so it was never going to work, I just stuck my head in the sand and hoped. I am going to see a little house this PM with a rent of half the mortgage and also no GE loan to pay back so I will be £450 better off so there is a chance, just dont want to be left with loads of cash still owing. There is no spare room, it was only 3 beds and I have got 2 teenagers,(one of each)I will try what you suggest re the duty solicitor, many thanks Lilly

Hi Guys, went to see the house and its great, the kids love it. It is much smaller but still big enough, will move in asap. I am going to walk away from the mortgage and secured loan if they grant the repossession order on the 28th and let them come after me as I have nothing of value and no spare money. It may even be worth going bankrupt, any information on that would be good, love to you all xx Lilly

[PlanB]

Re: Lilly1203 Diary

went to see the house and its great, the kids love it. It is much smaller but still big enough, will move in asap. I am going to walk away from the mortgage and secured loan if they grant the repossession order on the 28th and let them come after me as I have nothing of value and no spare money. It may even be worth going bankrupt, any information on that would be good, love to you all xx Lilly

That's great news. Nothing like a fresh start

I still think it would be wise to go to court next week in an attempt to get the repossession hearing adjourned until the house is sold on your terms. If the lender takes control and puts it into auction it will fetch a lot less and the shortfall can be chased for 12 years. Obviously not if you decide to go BR

They're plenty of people on here who know everything there is to know about the pros and cons of BR

[pezman65]

Re: Lilly1203 Diary

That's great news. Nothing like a fresh start

I still think it would be wise to go to court next week in an attempt to get the repossession hearing adjourned until the house is sold on your terms. If the lender takes control and puts it into auction it will fetch a lot less and the shortfall can be chased for 12 years. Obviously not if you decide to go BR

They're plenty of people on here who know everything there is to know about the pros and cons of BR

I will definateley go to the court date with the CAB but if it goes pear shaped and they get the order not much I can do. Dad has spoken to MRAN and they say they will continue to use the same agent rather than auction but who knows, they did not want to budge on the date unless we came up with £1000 a month which I cant do. I will update you on progress, love Lilly x

[PlanB]

Re: Lilly1203 Diary

Just wishing you all the luck in the world at your repossession hearing tomorrow

If you've got a CAB person to speak on your behalf that will be good. If not then get to the court an hour before the hearing and ask to see the duty solicitor so that you can have legal representation at the hearing. You can expect NRAM to send an agent to court and they may invite you to agree to a suspended possession order in advance of the hearing. If you don't like the terms ask them to repeat their offer in front of the DJ who should guide you and make sure no one is taking advantage of the situation.

To be safe take a copy of the Cheltenham & Gloucester vs Norgan judgment with you which may help if you want to fight this. Even if you plan to walk away from the problem and allow a voluntary repossession it would be useful to get an order on favourable terms because the lender can chase you for up to 12 years for any shortfall after the repossession date:

http://www.bailii.org/cgi-bin/markup...method=boolean

[pezman65]

Re: Lilly1203 Diary

Just wishing you all the luck in the world at your repossession hearing tomorrow

If you've got a CAB person to speak on your behalf that will be good. If not then get to the court an hour before the hearing and ask to see the duty solicitor so that you can have legal representation at the hearing. You can expect NRAM to send an agent to court and they may invite you to agree to a suspended possession order in advance of the hearing. If you don't like the terms ask them to repeat their offer in front of the DJ who should guide you and make sure no one is taking advantage of the situation.

To be safe take a copy of the Cheltenham & Gloucester vs Norgan judgment with you which may help if you want to fight this. Even if you plan to walk away from the problem and allow a voluntary repossession it would be useful to get an order on favourable terms because the lender can chase you for up to 12 years for any shortfall after the repossession date:

http://www.bailii.org/cgi-bin/markup...method=boolean

Hi PlanB, thank you so much for remembering and your good wishes. I am a bit nervous but I will have my dad and CAB solicitor with me. It has been suggested that I ask for a 7 day order so that the arrears and interest will stop as soon as the order date is reached.That will give me time to clear the rest of my stuff out. I am planning to walk away from it all and go bankrupt as I have no assets apart from my children and my parents and they cant take them away from me. It has been so helpful to have this forum to talk to, I really feel for the people out there who are on their own and have to deal with this. My dad says not to wait for the storm to pass but I have to learn to dance in the rain. I will keep you all informed and hope to support other in the future who have to go through this themselves, Lots of love Lilly and the kids xx

[PlanB]

Re: Lilly1203 Diary

I am planning to walk away from it all and go bankrupt as I have no assets apart from my children and my parents and they cant take them away from me.

Wow. That says it all. I'm lost for words.

[ken100464]

Re: Lilly1203 Diary

Good luck Lily.

You are correct of course. Trinkets and bricks are just that. Family is all that matters.