possession order mess up

[jules2008]

Hello to everyone on this site, I have not been here for a while and luckily have not had to, but now, as is always likely in life, something now has.
my issue is that I am in arrears from my mortgage as I had to leave my job last July at this juncture I had arrears of £295 which is way less than a months mortgage payment which is currently £700.
anyway, my last full mortgage payment was August 2024.
I am now on limited capabilities and diagnosed with PTSD, and am currently appealing my PIP application on final appeal.
I applied for an SMI loan around November, and the mortgage company has acknowledged this and sent the forms back; however, DWP has not been paying this. i have chased this up today, however, but again, I don't trust that they will do this.
fast forward to now, Birmingham Midshires said they were taking me to court to get a repossession order as i had not filled in forms, eg, income and expenditure (at this point, I was too ill to do anything )

I put in a complaint to Birmingham Midshires due to me having a buyer at the time as i had put my house up for sale. they said i contacted them one day too late and they could not do anything anyway i complained and they then agreed they would contact their solicitors to adjourn the case following me having a buyer I have this in writing from BM and their solicitors.

any way as i thought the case had been adjourned and i have this in writing from their solicitors i did not attend the court hearing and then i found out with a letter from the court that Birmingham midshires solicitors had gone to court that day and because i had not attended they got awarded the possession order. As a result of this, i have applied to the court to get it set aside i filled in a N244 and have now got a court date for this. my reason being i was told that the case would be adjourned.
To say i was livid was an understatement i then put in another complaint to BM and they apologised and said that they made a mistake are gave me £300 as a sorry measure, but said in the same breath they are keeping the possession order in place but will give me time to sell.
i don't trust BM, and also, since then, the buyer has now pulled out of buying my property when BM finds out they may then aggressively implement the possession order if i don't get it set aside.
my question is i guess that BM has acted unfairly, as I pointed out about the mortgage charter of which they signed up to that they should not take someone to court only 12 months after the first missed payment. i know I owed money still, so technically i was still in arrears, but less than a month and was paying it off each month, i was working full time.
They could have taken the last missed payment from August 2024, but chose not to.
i will also point out that i have had a mortgage with them for 18.5 years, it is interest only, and the term ends next year Feb 2025, and i think this is dreadful customer service and a terrible way to treat someone who is now in difficulties.
i have requested a SAR for all the correspondence and calls over the entire mortgage and i am going to make a complaint to the FOS as i feel they could of done more to help me eg extended the term of the mortgage and putting arrears on the mortgage as well as considering me for a re mortgage when i was working.

the way it stands now if i dont quickly sell my property and get the possession set aside for now i will lose any equity i have in the property as they will sell at a reduced amount and i will not get market value even though it says they have to try to but i dont trust this to happen at all.
The Labour government has also made selling more difficult because of the stamp duty on any property. does anyone have experience of selling their property via auction, as this may be my only option?

I have not had any legal advice up to now as I have not found anyone who takes legal aid, and the local CAB offices have closed in the area.

[atticus]

Consult local estate agents about the best way of selling to get the best price achievable within say 3 months. Keep the lender informed.

[jules2008]

thank you for your reply Atticus i do have my property on the market currently and am trying to sell i had a buyer but they pulled out but it is still on market the issue is the lender is not being understanding and they have gone ahead a got a possession order in an underhand way telling me not to attend as it would be adjourned and then getting a repossession order in my absence.
i complained about this they apologise and gave me a good will gesture of £300 but to be honest this is not good enough.
the lender say they are keeping the possession order in place but will not implement it untill i sell the property however i do not trust them at this stage as they say one thing and do another.

the fact that the lender had apologised and given a monetary sum means they are admitting fault in this and i dont know if i can take this further with FOS as this has caused me undue stress and anxiety as well as making my condition worse PTSD which they are aware of.
its interesting that when i asked for copies of their policies on how they treat vulnerable customers they refused saying they dont need to provide this as it is internal documentation.
at this point i feel very aggravated and want to go all hell's bells at them but i know i need to be realistic as only 35% of compliant to FOS get upheld and this will not stop lender taking action to repossess my property.
its not the money per se its the principle of them not giving me time to sell property or being reasonable in the process as well as the solicitor messing up at court allegedly, i am in the process of getting a transcription of the court hearing so i can know what was said to allow the case to proceed.
i have had the mortgage for 18.5 years and it is due to end in Feb next year for crying out loud. i have worked hard all my life and all i am asking is that i can get the equity so that i can rent somewhere out until i work out my next move and dont have to declaire myself homeless to the council.

[jules2008]

Just had a call from Citizen Advice bureau and they are saying i may get the judge to do a suspended repossession order with the proviso that the lender cant do anything until i sell the property and that is what i should aim for.

i dont know if you can answer the question of can i complain about the actions of the lender and solicitor going ahead with the court action whilst telling me it would be adjourned that is my main issue.
The lender has already admitted they made a mistake but unwilling to give up the repossession order obtained due to not wanting to have to go to court later to obtain one, however as i have already mentioned i do not trust them as far as i can throw them so i have to take action myself.

also another random question i only owed £290 less than a months rent just before i left my job so the lender is taking this as being within the 12 months required by the mortgage charter i wonder where i stand on this one as like i said i only stopped paying the mortgage fully in August last year.