time order failure with blemain

[ascint]

I have been trying with Shelters help to fight off my bad debts for the last 4 months culminating in a hearing in court which ended with the judge giving Blemain possession.
Shelter had advised I went for a time order, but then failed to turn up at the first hearing. The judge gave me a months grace to get the Shelter guy there in the cause of fair justice. Next time Blemain had not allegedly, received my full statement of affairs and although they had discussed my affairs with the Shelter guy and had come to an arrangement the judge, decided to adjourn because I think he had a full day. Third time around Shelter guy didn't turn up again and Blemain gave the judge evidence that my property was up for sale. It always has been. The judge asked me if someone came at the weekend and offered me the asking price would I take it. I obviously said yes because it would clear my debts.
Judge gave Blemain possession order, Shelter didn't like my complaint about their poor advice and handling of my case and now refuse to help. I was very nice in my complaint.

Do I have any alternatives ? Please.

[scoobydoo]

Re: time order failure with blemain

Sorry can you explain a bit more. Do you have a suspended possession order on your property?

What is the reason for the arrrears?

Can you pay anything towards your mortgage each month?

Is there equity in the property ?

Are you living in the property on your own or do you have dependants?

[ascint]

Re: time order failure with blemain

Sorry can you explain a bit more. Do you have a suspended possession order on your property?

What is the reason for the arrrears?

Can you pay anything towards your mortgage each month?

Is there equity in the property ?

Are you living in the property on your own or do you have dependants?

No a possession order for Aug 20th.

Self employed, loss of work caused by illness and then the recession hit my biggest customers

I
My mortgage is being paid, its a second charge and arrears in total are now £2600. I pay £100 of the required £270 each month for the last 3 months.

Yes 100k of equity and property is up for sale

I live here with my wife and 17 year old son.

[scoobydoo]

Re: time order failure with blemain

You can try and appeal against the possession using protocol guidelines which gives you the option to stay in the property while you are selling the house . .

Does the £270 represent the normal payment or does it include a contribution towards the arrears?
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Cheltenham & Gloucester Building Society v Christina Norgan
Court of Appeal 5 December 1995 Arrears on an agreement can be repaid over the full period of that agreement, a court not being obliged to set a shorter period.
Mrs Norgan had title to the family home in Wiltshire, and mortgaged it with the Guardian Building Society (since absorbed into the Cheltenham & Gloucester Building Society). By 1990, she had fallen into arrears of £7,216, which gave the building society the right to take possession of the property. The building society took her to the County Court where the judge made a possession order with arrears then at £14,744, but suspended it on the basis that Mrs Norgan was attempting to re‑finance the loan. No re-financing took place and further hearings took place over the next two years, with only a few payments made. By the end of 1992, arrears stood at £15,000. The Benefits Agency started making Mrs Norgan's interest payments from June 1992.
The building society then gained leave from the County Court to seek a warrant to execute the possession order, subject to Mrs Norgan's appeal to the judge. That appeal was not completed until May 1994, with the hearing taking into account mainly the dispute between the parties over the period over which the arrears should be repaid. The Administration of Justice Act 1973 provided that repayment should be allowed over a "reasonable period", and custom within the courts was to allow only around two to four years. In addition, reference was made to the guidelines of the Council of Mortgage Lenders (of which the society was a member), which recommend members to allow a reasonable period to sort out arrears. The judge rejected the defendant's case for allowing the remainder of the mortgage term for arrears to be cleared, and dismissed her appeal.
Mrs Norgan appealed from this decision, and it was held that, where it would be practicable for the arrears to be paid off over the remainder of the mortgage period, the Administration of Justice Acts required that this should be the basis for County Court decisions, and that previous lower court practice did not take account of the Acts' requirements.
NOTE Although this case involved an unregulated mortgage agreement, the same principles would apply to arrears on any regulated agreement secured on land.

[scoobydoo]

Re: time order failure with blemain

have a read of lenders protocol

http://www.lawsociety.org.uk/product...86.article#top

[ascint]

Re: time order failure with blemain

270 is just the loan payment.

why does selling my property preclude a time order being given ?

[magiciansgirl]

Re: time order failure with blemain

Hi, just read the following in the OFT Guidance to Lenders and Brokers for Second Charge
Lending (you can get whole thing from OFT website):

Under Para 6, Possession Actions, clause 6.3:

Lenders should not seek to repossess the borrower's property except as a last resort, where other forbearance options have failed or have otherwise not proved suitable. This means they should explore all other possible options for dealing with the problem, and should give proper consideration to any reasonable offer by the borrower to pay by instalments. They should not insist unreasonably that the arrears are paid in one payment or in large amounts or within an arbitrarily short period. They should not insist unreasonably that the arrears are paid in one payment or in large amoungs or within an abritrarily short period. They should not institute court proceedings unless and until all other avenues have been explored and have failed or have otherwise not proved suitable.'

Worth reading the whole thing because I think Blemain are in breach of a lot of the guidance. Kind regards, MG