Disabled homeowner

[VB22]

Can a disabled home owner, home specially adapted with a variety of aids, have home repossessed by second charge if case was dismissed years ago?

[atticus]

Hello, and welcome to the forum.

In order to answer this question, more information is needed. To start with, what grounds might the holder of this second charge now claim to have to take such action?

And why was the previous case dismissed? Are those reasons applicable now?

[dslippy]

The essence of the chare is that the property may be taken if payment is not made. The fact of disablement and of adaptation makes no difference.

If the second charge secures a debt which was 'dismissed' then it is for the homeowner to obain the release of the property from the charge. If no payment is due then he needs to establish this.

[VB22]

Can a disabled home owner, home specially adapted with a variety of aids, have home repossessed by second charge if case was dismissed years ago?

Thank you Atticus for your reply

The case was dismissed because the second charge company never turned up to the court hearing!

This secured loan has been sold on at least four times!

Thank you for your welcome.

[VB22]

The essence of the chare is that the property may be taken if payment is not made. The fact of disablement and of adaptation makes no difference.

If the second charge secures a debt which was 'dismissed' then it is for the homeowner to obain the release of the property from the charge. If no payment is due then he needs to establish this.

Thank you DSLippy for your reply.

I did not have any legal representation at that hearing.

Again I have not managed to get any legal representation and the case is being heard on the 29th June 2022.
I have spoken with the lender they have asked for a financial break down of my income and outgoings, which I am happy to send as I am working with National Debit Line.

Mentally I am broken since the death of my husband in January 2020 but I am trying to sort my finances out.

Is there anything else I can do?

Thank you for welcoming me and replying to me.

[atticus]

You appear to have a serious case on your hands: there appears to be a real possibility that a possession order will be made. Your hearing is on Wednesday, and you may need to concentrate on working out a payment plan.

[atticus]

I have just read that you wrote the following on another thread.

I am facing repossession of my property on 29/06/22, I was with Picture Loans-Paragon-Idem Servicing- Mars Capital! How did you get on? Just to add more fun they keep sending court papers to my dead husband, have sent 4 certificates!

It may have been helpful to have been told this here. Some facts please. Can you clarify the ownership of the property and also who owes the debt secured on the property. It is possible that there may be a way of at least getting you more time to deal with this.

[VB22]

I have just read that you wrote the following on another thread.



It may have been helpful to have been told this here. Some facts please. Can you clarify the ownership of the property and also who owes the debt secured on the property. It is possible that there may be a way of at least getting you more time to deal with this.

Thank you Atticus

Lloyds Bank own the property with a mortgage, the secured loan is with Mars Capital.

The court papers are also in my dead husbands name despite the fact that I sent them at least 3 copies.
Regarding the truth element by Mars on the papers there are some more discrepancies too!

Can you help me delayed the possession? Yes I have a way of paying everyone back over the next 10 years.

[VB22]

I have just read that you wrote the following on another thread.



It may have been helpful to have been told this here. Some facts please. Can you clarify the ownership of the property and also who owes the debt secured on the property. It is possible that there may be a way of at least getting you more time to deal with this.

Thank you Atticus

Lloyds Bank own the property with a mortgage, the secured loan is with Mars Capital.

The court papers are also in my dead husbands name despite the fact that I sent them at least 3 copies.
Regarding the truth element by Mars on the papers there are some more discrepancies too!

Can you help me delayed the possession? Yes I have a way of paying everyone back over the next 10 years.

[atticus]

Please answer ALL questions

Q1. Who owns this property?

Q2. Who owes the debt?

Q3. Who has been named as defendant or defendants on the court papers?

q4. What are the discrepancies on the "truth element"?