repossession -1 week to go- help please

[herself19]

Re: rePossession -1 week to go- help please

Because of health and change of circ I need to sell and have time to sell. Ideally I'd like justice done and the charge not to be upheld .. But I don't honestly think that will happen..,

[Crazy council]

Re: rePossession -1 week to go- help please

Then yes, i think i would appeal.

Asking for all orders above, with the caviates, but you would need proper advise to walk you through the applications, again, maybe shelter, or a local solicitor. You could fill in the apps yourself, but i would get back up. But yes, i would appeal. I presume it was a possession order 22 days ago.....not eviction..... Possession orders give them controll so i would appeal it then negotiate with them whistlt the appeal goes through.

GET HELP OF THE PEOPLE ON HERE WHEN NEGOTIATING...... dont do it alone...

Ideally I'd like justice done and the charge upheld .. But I don't honestly think that will happen..,

Let the debt specialists on here have a look at that, you have been honest and open, if there is a way to help, there is a good chance they will find it.

[Crazy council]

Re: rePossession -1 week to go- help please

Did you put the appeal papers in, they would have to be done by tomorrow ideally. If so, remember to send a copy by email or post to the company.... notifying them of the appeal and request for stay....I do think they may need to be put it at the local high court but you can ring up and ask.

The reason i would definitely appeal, even if it means a bit of messing around tomorrow, is i think it will put you in a better negotiating position. If they are pursuing the second charge on the house, i think gaining possession gives them more control over the first charge ( mortgage ) and allows them to take action easyer.

[bluebottle]

Re: rePossession -1 week to go- help please

Do they have a Suspended Possession Order or are they aiming for one?

[herself19]

Re: rePossession -1 week to go- help please

they vacant possession order has been made and is for friday the 23rd.
i have done the app notice for a stay at the local county court but will now do the app to high court regards the judge. Wanted to get stay before i hit the judge. hope thats correct.
spent yesterday selling my soul trying to get some free assistance with the N244 but no luck.

[herself19]

Re: rePossession -1 week to go- help please

Can anybody help with advice regarding the completion of The appellants notice.

I have appealed complete order (repossession and judgement) and request for new trial on grounds that:
1.the D judge is a neighbour and known to me
2.the was unsuccessful in objection to a planning application with me
3.he has a potential of bias
4. he made a incorrect personal judgement on my health without considering medical reports to the contrary

it has to go to county court for circuit judge to decide.

im a little concerned as to what reasons for being out of time???

any help once again would be gratefully received also any suggestions as to costs to get the form completed by a solicitor???

[des8]

Re: rePossession -1 week to go- help please

Reason for out of time: original judge refused leave to appeal, but failed to inform you that you could request leave to appeal from the appeal court. You have only just learnt of this possibility.

Others will possibly have other reasons for you.

[Crazy council]

Re: rePossession -1 week to go- help please

I would re - read post 18.

Make sure you request a stay of execution immediately......

Permission to appeal ------ reason ---- because you feel that the judge failed in his advocacy to you by not informing you at the start of the proceedings that you had the right to requests a differnt judge due to your prior relationship which has a clear chance of chance of BIAS ( do not accuse the judge of bias, just say that its possible )

Permission to appeal out of time ------ reason------ due to the stress of the order, and illnes ?, and you have only just become aware that there are regulations that suggest the judge should have excused himself, and you feel the judge should have informed you at the hearing.

Stay of exicution ----- ( IMPORTANT ). as i said in post 19. Plus add the following

That there is a realsitic chance that if a number of quiers are clear up between you and the claimant ( NWB ) that the sale of the property may not produce negative equity . That although you business when into liquidation in 2009, you have managed to pay off over £ 25k in CC and loans with NWB ( correct were necaserry )

Also, sugest to the presiding judge, that under the circumstances, maybe suspending the possession order for for 6 months, under the conditions below, may be the best way and least cost to the estate to proceed.

Add the conditions i put in post 18

[herself19]

Re: rePossession -1 week to go- help please

Pretty much what I said crazy council also found his planning objection too. All done thanks for all your input I will update you as it unfolds also had an acknowledgement from rbs CEO office saying they are looking into matter.
Just want justice as I'm very disappointed with the judicial system ATM bottle of wine and hopefully a nights sleep

[herself19]

Re: rePossession -1 week to go- help please

Just when i thought i'd nailed it. NWB soliditors called me and basically the gist of the conversation was if i pursue the appeal re judge…. they will withdraw the 6 months stay and nail me with double costs. i did suggest that was paramount to black mail. any pointers pleased as i am feeling like i am between the devil and the deep blue sea!

[Crazy council]

Re: rePossession -1 week to go- help please

Do worry, thery are just trying to convinced you to leave them in controll, possestion puts them in a different position.

Due to the curcumstances of the judges relationship, you will get it re-heard and the stay.. But now you need to break things down into 2 actions, Your court action to maintain control of your property, and dealing with the debt that they are claiming.

Now you have your appeal and permission lodged at the court, start deal with with the debit and house. By reading, you have already done that by placing the property on the markert. Also, do be pushed into lowering teh price. Get three independent valuations, go with the average. The housing market is going back to pre 2003 sales times ( 12 weeks to 6 month at least ).

[herself19]

Re: rePossession -1 week to go- help please

Have a viewer for house fingers crossed but need to make decision by Tuesday regarding whether to role the dice and go ahead with appeal or grab nat wests confirmation of a 6 month stay ...... Can anyone give me a legal opinion please

[Crazy council]

Re: rePossession -1 week to go- help please

what kind of stay have they offered, a suspended possession, or just stay on eviction proceedings.

[herself19]

Re: rePossession -1 week to go- help please

A stay on issuing an eviction order

[Crazy council]

Re: rePossession -1 week to go- help please

Firstly, i did say get proper legal advise at first. But, the following advise is in relation to a 5 year fight over my house, that included all sorts of complications. Including loosing possession then getting evicted ( after they said they would not untill my insurance was dealt with | ) and haveing to fight through high cort and lower court for years to sort it out. ( beat them and currently sat in my house typing this ).

So you understand.... If you let the order stand.....
you currently have less protection than a tenant and have no control over the sale price, condition or costs levied against the property.
The company in control of your house can and will charge extensive amounts against your estate, that will get paid before your mortgage and charge, so you may still be left with a debt ( not sure on this bit but presume ).

wreas, if you appeal, arrange the sale yourself, you could save your estate maybe 70% of the sale costs..

NWB soliditors called me and basically the gist of the conversation was if i pursue the appeal re judge…. they will withdraw the 6 months stay and nail me with double costs.

Firstly, the judge would not grant the eviction proceedings if the house was up for sale and your not in any way blocking the sale
A LEGAL ADVISER WOULD HAVE TOLD YOU THIS
Secondly. They can not just decide to double charges, if this goes through as is, you still have the right to challenge any charges they present and you consider unreasonable. ( thats just phone threats )

My advise,
put the appeal in like i keep saying
Email/write to NWB saying that you are apply for the appeal but have your house up for sale and are doing this to keep costs down. That they should not take any action r levey any costs against your estate while the permission to appeal and stay are being heard.

In relation to dealing with your house, thats the best advise i can give...

Then, deal with the debt and charges by putting up as much detail as possible, on here, let some of the debt specialist have a look, If they have made mistakes in the paperwork, you have a chance of reducing some and maybe getting it down to a manageable amount. A few of the items you have previously mentioned in relation to the second charge possibly not being reegisterd/applied properly, may have some affect on what NWB can do.

So, re-read what i suggested you put in the stay , explain to the judge that you are dealing with settling the debt currently at the fastest and cheepest way for the estate.... ( IE dont just go to court with an argument of its unfair ).

Then explain you debt details fully, so some of the debt experts can see if there is anything they can help with...

Thats the best advise i can give in the situation your in... but... am no legal expert......