Repossession day in court: ten minutes with a lawyer, five before a judge

[charitynjw]

http://www.guardian.co.uk/law/2012/a...t-live-justice

"In the morning session in courtroom 10 some 30 possession cases were listed – the same judge also sat in the afternoon. Each case is given about 5 minutes."

[wales01man]

Re: Repossession day in court: ten minutes with a lawyer, five before a judge

Thats how it happened for us we had a sympathetic judge who would not grant immediate repossesion gave us time to make arrangments our adviser from shelter very good but as we knew not much help he knew it as well the other sides solicitor was a very young girl who was full of it the judge shut her up.We knew going there it was no win when it was over was rather a releif we had after 4 months to sort everything it worked out well .In a sense it was the end of one era and start of another we have now got our lives back our sanity for anyone going through this i can tell you when its sorted its a good incentive to get on with your life with the threat of repossesion when it came from us it nearly destroyed over 30 years of marriage now its over we are much stronger togetherand HAPPIER

[Hurricane Puffrose]

Re: Repossession day in court: ten minutes with a lawyer, five before a judge

nothing will split you and Mrs W up hun!

Hopefully more judges will realise that people need help, not punishment, and be more understanding and realise that you need a roof over your head till you get the next place!

[labman]

Re: Repossession day in court: ten minutes with a lawyer, five before a judge

I echo your sentiments entirely Wales01man. We spent several years really struggling with DCA's (I didn't know then what I do now!), bailiffs chasing 4 Liability Orders and three CCJ's and both the mortgage company and Kensington, who had a second charge against our house, endlessly threatening, and finally commencing repossession procedures.

All of this was at a time when I was recovering from a serious illness, and trying to come to terms with a massive enforced change of circumstances.

We were lucky in that we managed to get a social housing project to purchase our house under a mortgage rescue scheme, and the immense feeling of relief in knowing that whatever happened with the other situations we had a roof over our heads still cannot be described. It was the start of our recovery.

I'm glad you managed to rediscover life again. I actually think that despite the strain it puts on you, the difference it makes to your outlook on many aspects of life possibly makes it worthwhile.

[wales01man]

Re: Repossession day in court: ten minutes with a lawyer, five before a judge

Labman
Yours was so similar to except due to wifes disabilities she got a social housing house which a year later we swapped for another back in england so a new start and nearer to family we can now look back over the past we did have some good times until it all went t---ts up the biggest problem i think for those of us who went through it all is the time factor very soon into the process we knew the end result but due to the whole process it dragged on .
finally i read posts on here every day and get mad at seeing all the grieve people are giving by their creditors and their agents it seems to be so stupid that collectors and bailiffs etc dont realise some cannot pay due to several reasons but the dont give a damn for people already facing problems

[Latch Key Kid]

Re: Repossession day in court: ten minutes with a lawyer, five before a judge

Hi

Super thread this.

Been to court with someone with rent arrears of less than £500 this week (social landlord ) - Their housing officer and solicitor vigorously opposed our application for a warrant of eviction to be suspended on terms. The District Judge did eventually suspend though but the tenant was in a bit of a state.

Last week we had a mortgage and rent (again social landlord) possession hearings at a different court - both times our applications to suspend were vigourously opposed but again eventually suspended by the District Judge.

There does seem to be a lot of new solicitors / legal reps around on behalf of the mortgage and secured loan companies (somebody told me the reason for this) with not a deal of sympathy or 'forbearance' around of late as far as I can see (just another hearing to them)

Very daunting experience putting people under immense stress and worry or on rare occasions tragically worse - the thought of losing everything (there is a large percentage who give up and dont attend court according to the last percentage figures I came across)

Any legal aid cuts at court cannot really help, but they dont seem to care

My advice to anyone facing the prospect of losing their homes is dont bury your head, get advice early or as soon as possible, the legal reps / solicitors / housing officers dont win many if you get help at court, they can be turned over and the District Judge makes the decisions not them.

Rent or mortgage arrears its the same.... losing your home is losing your home.

Get advice, tell somebody you trust, they can be beaten and you may have a number of options.

[Shadowcat]

Re: Repossession day in court: ten minutes with a lawyer, five before a judge

Big thumbs up to Stephen Carr for what he does.
Great article Charity.