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  • Mortgage - court proceedings issued for possession.

    I recieved a solicitors letter today saying that they have issued court proceedings for possession of the house. Last Christmas we were in total 3 months behind in the payments. We hadn't missed them all at once it had been three separate occasions when there had been a few pounds short in the bank and so the DD had been refused. Of course the bank charged us and the mortgage lenders charged us. We owed £3192.88 and managed to pay £2700 a few days before Christmas. The same exactly has happened this year we have missed, Jan, April and October plus the £492.88 from last year, totaling £22947.68. This year we cant pull money in time from anywhere. We have 2 Buy to let houses, only 1 has a tenant, but it pays for both houses. The other one has not had a tenant in it for more than a year, due to the last tenant causing so much damage and debt there and we haven't had the time energy or money to sort it out. I was looking in to selling that house for cash that would pay off the mortgage and the rest I was going to use to pay off as many debt as I could. The house used to be worth £100k and the mortgage on it is a little less than £40k. All the sell your house for cash people would offer was £42k. Apart from the rent we get from the other house and the child benefit we have no regular income, and a mountain of debt.
    Do I just tell the solicitors that to the solicitors? And has anyone got any bright ideas? I also haven't paid any council tax for a few years or water bills. It all started when British gas disconnected the electric at the business we had due to their mess up and we lost the place. The same BG that over charged us and put us in debt due to their mistake at our home previously. (They put it right and gave us about £1800 back that we had over paid) The same thing has happened again though, and British gas are trying to make us responsible for over £6k of debt and fit us with a payment meter. I would see if I could get government help but we owe company tax on money we didn't earn. My business bank account with Natwest has over £3k in it but apparently I have no right to it because I lost the business..

    I wont go on, though it does get funnier. So we have assets that are worth something only not to us..... Help I just can't see clearly what I should do..

  • #2
    Re: Mortgage - court proceedings issued for possession.

    On the business account where you a sole trader or ltd company and how did you lose it???

    Comment


    • #3
      Re: Mortgage - court proceedings issued for possession.

      Extrem

      I think we need a list of everything, where you are, who you owe, who is chasing and how bad is it.

      You need to get a grip of everything and go forward from there, but we need to know everything, it's really difficult to help if new debts keep popping out of the woodwork

      and how did the arrears above on the mortgage get to nearly 23K or is that a typo?

      Comment


      • #4
        Re: Mortgage - court proceedings issued for possession.

        Sorry I looked at the wrong column that was credits I've paid since Jan 2010. The arrears are £2947.68

        I lost track of the debts a while ago, but I can start opening the letters again. There are no big credit card debt or anything. They are all massive utility bills, taxes and fines.

        I will be truthful with you, though some of the bad luck we've had is so ridiculous you will have trouble believing it. What do I do with personal detail? I'm new to forums.

        Thank you Mrs D

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        • #5
          Re: Mortgage - court proceedings issued for possession.

          OK we need to know about your priority debts firstly

          the solicitors letter about the house, what exactly does it say?

          make sure you don't mention anything personal.

          Have you a solicitor, or anyone else who could help you with this?

          Comment


          • #6
            Re: Mortgage - court proceedings issued for possession.

            It was a Ltd company. I got a massive electric bill and at the time couldn't prove how it was wrong because I didn't realize the reader had been reading it as a digit meter and BG had been logging it down as a 5 digit or the other way round possibly. It turned out they had been putting me down for 10 x the amount. About 8 months after the disconnection they sent me a note to say I was £250 approx in credit, they didn't even send me a check! All the mail was been sent to the accountant who we had fallen out with, so didn't know until it was to late that the company name had dissolved which is why I have no access to the money.

            Comment


            • #7
              Re: Mortgage - court proceedings issued for possession.

              Originally posted by ExtremEmotion View Post
              It was a Ltd company. I got a massive electric bill and at the time couldn't prove how it was wrong because I didn't realize the reader had been reading it as a digit meter and BG had been logging it down as a 5 digit or the other way round possibly. It turned out they had been putting me down for 10 x the amount. About 8 months after the disconnection they sent me a note to say I was £250 approx in credit, they didn't even send me a check! All the mail was been sent to the accountant who we had fallen out with, so didn't know until it was to late that the company name had dissolved which is why I have no access to the money.
              You know you petition the court to have the company un struck off as it where. Also when you say you fell out with your accountant, why was that becuase you may have ground to sue him as well.

              Comment


              • #8
                Re: Mortgage - court proceedings issued for possession.

                Originally posted by mgfboy View Post
                You know you petition the court to have the company un struck off as it where. Also when you say you fell out with your accountant, why was that becuase you may have ground to sue him as well.
                I don't know enough about how it works so I may of got this totally wrong. I did not file anything, all correspondence went to the accountant and the company was dissolved. We fell out with the accountant because he knew that the guy my husband was in business with, was getting the business into debt and milking the place. It was down to a drink problem mainly and then when he got a taste for younger women and his wife left. My husband settled for been paid for his part in the business and ended up been sold the guys car, which turned out to have out to still have an outstanding on it. So about a year of two down the line he had it taken off him. The thing with the accountant was that he thought his loyalty stood with the other guy with him knowing him much longer, so he managed to cover up what he was doing. My memory is really a jumbled mess nearly as bad as my paperwork. I would totally fail been able to take anyone through court. I just don't know why he never passed any of the mail on to us. Which is half the reason I haven't a clue what happened.

                Comment


                • #9
                  Re: Mortgage - court proceedings issued for possession.

                  I have got a solicitor or anything. I can't afford one, and have no way of showing I have no income. I wont be able to claim anything with having the 2 buy to let houses. I need to sell them but 1 needs doing up which I can afford. I tried one of those sell for cash places but they really take the micky.
                  The letter from the mortgage solicitors was to tell me to expect a court date which I know have...
                  14th of January.

                  Why does it say the grounds for possession Anti-social behavior and then the mortgage arrears bow is ticked?

                  Under the bit that says what the court is being asked to do it says The claimant asks the court to order that the defendants
                  (a) give the claimant possession of the premises
                  (b) pay to the claimants the total amount outstanding under the mortgage.

                  Comment


                  • #10
                    Re: Mortgage - court proceedings issued for possession.

                    Originally posted by ExtremEmotion View Post
                    I don't know enough about how it works so I may of got this totally wrong. I did not file anything, all correspondence went to the accountant and the company was dissolved. We fell out with the accountant because he knew that the guy my husband was in business with, was getting the business into debt and milking the place. It was down to a drink problem mainly and then when he got a taste for younger women and his wife left. My husband settled for been paid for his part in the business and ended up been sold the guys car, which turned out to have out to still have an outstanding on it. So about a year of two down the line he had it taken off him. The thing with the accountant was that he thought his loyalty stood with the other guy with him knowing him much longer, so he managed to cover up what he was doing. My memory is really a jumbled mess nearly as bad as my paperwork. I would totally fail been able to take anyone through court. I just don't know why he never passed any of the mail on to us. Which is half the reason I haven't a clue what happened.
                    go to the CAB who will advise you on the repossession order and also ask them about what grounds you have for sueing the accountant .

                    You can also get intouch with shelter who will advise you on how to go about the court proceedings.
                    _______________________________________



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                    • #11
                      Re: Mortgage - court proceedings issued for possession.

                      what she said^^^^^^

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