repossession -1 week to go- help please

[des8]

Re: rePossession -1 week to go- help please

cancelled as already covered by CC

[herself19]

Re: rePossession -1 week to go- help please

Good morning everyone can i just ask, do i need to file at a county court or a high court?

once again thank you for the assistance

[Crazy council]

Re: rePossession -1 week to go- help please

am not sure

AM NOT A LEGAL EXPERT.... BUT I HAVE BEEN THROUGH SIMILAR CIRCUMSTANCES TO YOU..... ( 2007 - 2011 ) . Shelter will help you do this correct. Ring them first. they might direct you to go to there nearest office.

I think ( but not sure ) . It would be an application to the local high court. But you need to make sure its heard straight away. I really would recomend get shelter to walk you through the application on the phone. Put what they say on here and get it fine tuned to your circumstances. you will need

Permission to appeal out of time ------ reason -- that its only just been confirmed to you that the judge should have removed himself from the case. Say you feel the judge failed in his advocacy by not informing you of thisd right. ( you would not have agreed on him judging because he was your neighbour )

Permission to appeal----- reason----- same as above, also, say the judge failed to consider the cost to the eastate asnd first charge. That the solution that you offered ( house up for sale ) is the cheapest and best way to settle the outstanding to the best value of the estate....... ( add kon what you can here ).

Stay of execution or suspension/removal of order. ( point the advisor to the legislation that the poster above found for you )

Its here were you need to add the three statment i said above. if the Stay is agreed, you will agree :
1. maintain at least trhe interest on both mortgagee and second charge
2. Get 3 independent valuations.
3. That you will agree any reasonable terms of the debitor

Hope that helps, time is short on this.... AM NO LEGAL EXPERT ......

[herself19]

Re: rePossession -1 week to go- help please

i have found an old and very similar thread and have contacted the CEO of RBS….its worth a shot maybe? have completed N244 and collating all information it requires.

[herself19]

Re: rePossession -1 week to go- help please

Im sorry if I'm driving you all mad but i have just come off the phone to NWB solicitors who have said that whilst there are communications to rectify matter they will not be applying for an eviction notice. they advised me not to make application for a stay????

[Crazy council]

Re: rePossession -1 week to go- help please

Gget that in writing by email. Am not sure i would trust them

[bluebottle]

Re: rePossession -1 week to go- help please

I am with Crazy Council. Get NWB solicitors to confirm what they say, in writing, within 48 hours.

[herself19]

Re: rePossession -1 week to go- help please

This is what i got from NWB solicitors by email

I refer to our earlier telephone conversation. I also refer to my colleague’s email below. We are currently taking the client’s instructions on your latest offer. I can confirm that, during this period where we are seeking to reach agreement on an extension of time, my client will not apply to the Court to obtain a date for eviction. If negotiations break down or my client instructs me to reject the offer and apply to the Court, I will confirm this with you in advance. In the circumstances, you do not need to make any application to the Court in the interim.

is that sufficient??

[Crazy council]

Re: rePossession -1 week to go- help please

Will respond later properly. Personally. I would not let the order stand. Let me have a proper think but you need better security than relying on blood sucking vultures to decide how things will proceed. Phone shelter. Get secondery back up. Infact. Point the shelter adviser to this thread.. i will respond later.

[Crazy council]

Re: rePossession -1 week to go- help please

Sorry double post

[des8]

Re: rePossession -1 week to go- help please

I tend to go along with posters above i.e. don't be guided by other sides solicitors, but get independent advice from e.g. Shelter.

It still hasn't been sorted what debt you have if any.
Reading your earlier posts it seems they have a secured loan to which you never gave consent.
This appeared to be basis of your defence, which never got a proper airing.
If you obtain an appeal, you might at the very least,be able to reduce the amount owing.
I don't know, but before giving in i would like one or more of our debt experts to have a look.

[bluebottle]

Re: rePossession -1 week to go- help please

I tend to go along with posters above i.e. don't be guided by other sides solicitors, but get independent advice from e.g. Shelter.

It still hasn't been sorted what debt you have if any.
Reading your earlier posts it seems they have a secured loan to which you never gave consent.
This appeared to be basis of your defence, which never got a proper airing.
If you obtain an appeal, you might at the very least,be able to reduce the amount owing.
I don't know, but before giving in i would like one or more of our debt experts to have a look.

If the OP has been deprived of their inalienable right to put their case to a court - and this includes the court ignoring the fact that the other side may have withheld important documents which would help the OP prepare their defence - I am wondering if the OP should go for Set Aside of the Possession Order or an order revoking the Possession Order. Either way, it is going to pi$$ off the other side, but that is the risk they run when they abuse or attempt to abuse the legal process.

[herself19]

Re: rePossession -1 week to go- help please

Des8 I've spoken to debt councillor is that what you mean? but as I luckily have no other debt apart from main mortgage and this second charge, they could not help me? I was hoping the house sold very quickly and I could have struck a deal with NWB as much as laying them any of it sticks in my throat.

[des8]

Re: rePossession -1 week to go- help please

You said in Post 20 that you had been in contact with NWB solicitors who advised you not to apply for a stay. I would be wary of taking their advice as they most certainly aren't your friends.

Have you yet been in touch with Shelter? I understand they are very good.

The first step is to get a stay and an appeal.

Following that there are people on this site who are very knowledgeable about debt matters and I am sure help will arrive

[Crazy council]

Re: rePossession -1 week to go- help please

Hi herself19 what would be best outcomes for this, or what is your desired outcome.

If possible, would you like to try and keep your house, or do you just want to stay in there till it sells ?