court date yesterday for house repossession, how do i know outcome??

[PlanB]

Re: court date yesterday for house repossession, how do i know outcome??

As to stripping things out - anything that is a 'fixture' becomes part of the land and cannot be removed. This has been held to be items such a fireplaces, recessed lighting and even stone garden statues that were heavy and part of an overall design.

The issue is how firmly items are fixed to the land and, more importantly, the purpose for which they were affixed to the land. The more damage removal does, the more likely it is to be a fixture, although in some cases something that could be removed with zero damage might be a fixture.

Slates on the roof - part of the land.
Copper pipe - part of the land.
Carpets - possibly not part of the land (but questionable).

Fridges/freezers/washing machine etc - personal property not part of the land.

Nothing I say is advice. I'm not an expert and I'm not liable for any damage caused by any use of any of my opinions or information contained therein.

Who says recessed lighting is "part of the land" ? And how could carpets possibly be "questionably part of the land"? Perhaps you're confusing this with the difference between what is and what isn't covered under the terms of buildings and contents insurance policies.

When you sell a property you complete a Seller's Questionnaire to define exactly what is and isn't staying (carpets and garden statues are often are excluded) because the law isn't precise on this issue. I would say that at this moment in time everything in the property is still owned by the OP until the date the lender has been granted possession which will be specified in the court Order.

No one is suggesting that the OP should dismantle the house brick by brick and sell them so there's nothing left but a hole in the ground when the bailiffs call eep:

Re: court date yesterday for house repossession, how do i know outcome??

Laminate flooring is rarely secured directly (or even indirectly) to the underlying surface.

Light fittings which are plastered onto a wall would certainly be "fixtures", but expensive pendant light fittings could surely be replaced by something less expensive that could fulfil the same purpose. even if that is only a basic ceiling rose, a bit of flex and a bulb holder.

[UnitedFront]

Re: court date yesterday for house repossession, how do i know outcome??

Human Rights arguments simply don't fit here in the context in which they have been suggested.

As to stripping things out - anything that is a 'fixture' becomes part of the land and cannot be removed. This has been held to be items such a fireplaces, recessed lighting and even stone garden statues that were heavy and part of an overall design.

The issue is how firmly items are fixed to the land and, more importantly, the purpose for which they were affixed to the land. The more damage removal does, the more likely it is to be a fixture, although in some cases something that could be removed with zero damage might be a fixture.

Slates on the roof - part of the land.
Copper pipe - part of the land.
Carpets - possibly not part of the land (but questionable).

Fridges/freezers/washing machine etc - personal property not part of the land.

Nothing I say is advice. I'm not an expert and I'm not liable for any damage caused by any use of any of my opinions or information contained therein.

Re: court date yesterday for house repossession, how do i know outcome??

You could be accused of converting* the lender's property - for what?
A few quid?
Wood laminate, duff carpets, all cut a certain way?

If the OP laid the laminate and hung the chandeliers, how could those be the lender's property?

[IanM]

Re: court date yesterday for house repossession, how do i know outcome??

I think maybe I will try a complaint after im discharged, who knows ah?! Thanks for all the advise will keep you posted on route i take! The silly thing is they are repossessing property for £2000
I have mortgage interest payments from governement four weekly direct to my mortgage company which is £320 towards the £565 payment I need to make, I havent been able to make the top ups hence the date has accumilated. I bought this property for £120k and in todays market with the damage, they will probably get £80k - £90k for it! So its more fool them really as I would take a £2000 debt over a £40,000 debt any day!

Why did you go bankrupt?

Re: court date yesterday for house repossession, how do i know outcome??

Firstly,Laurie,check with the court that BOI did actually get a possession order,you never know,it may have been a sensible judge who thought 2k wasn't a big enough debt?
Secondly,,don't do anything daft (i know you won't)like wreck the place,,it's not worth the aggro
Thirdly..Human Rights chat really doesn't help the OP,,she wanted advice,not basically false hopes,I've watched the videos those FMOL's have posted,they don't show the ending where the eviction takes place anyway,,they buy a bit of time that's all.

[FlamingParrot]

Re: court date yesterday for house repossession, how do i know outcome??

I'd go for this and NOT strip the property, to give your complaint a better chance of being heard properly. Take some photos so you can prove you DIDN'T wreck it before leaving. The pics will also show the difficulties you were suffering with the structure, and if on top of this your lender was treating you unfairly, the ombudsman will see how life has been for you.

That way, you get shot of the nightmare property, the nightmare lender, presumably the nightmare debts, and as planb says, maybe get some money in 4 months.

<phew!>

That wouldn't be relevant in this case because the OP bought the property as opposed to renting it. It's up to the landlord to ensure the property is in a habitable state but it's not up to the lender to do the same, the condition of the property is not their responsibility.

The complaint would be about the way the lender handled the mortgage up to the point of repossession, which has nothing to do with the condition of the property afterwards. The lender didn't issue possession proceedings as a result of the condition of the property and the OP is not expecting to get a penny back from the lender as would be the case when you've paid a deposit to a landlord.

[wales01man]

Re: court date yesterday for house repossession, how do i know outcome??

You quote Article 6 what trial it was a civil case never known it to be called a trial,with all the legal brains outthere what has this been brought up in a repo case ?

Re: court date yesterday for house repossession, how do i know outcome??

With all due respect CP I don't think a borrower would stand a chance in court with a Human Rights argument vs a breach of contract argument put forward by the lender where there are arrears involved.

I wasn't thinking of a win-lose approach, but the fundamental nature of 'home' to human beings, and working with the lender. Appreciate you did not realise that.
I also appreciate that people may not realise the strength of human rights.
I also appreciate that Laurie's decisions may not involve these ideas.
Have to get off here and do some work :okay:

Re: court date yesterday for house repossession, how do i know outcome??

I'm not saying it's the court's fault you didn't turn up for your hearing, but:-

Article 6: Right to a fair trial
1 In the determination of his civil rights and obligations...everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.

Article 8: Right to respect for private and family life
1 Everyone has the right to respect for his private and family life, his home and his correspondence.
[Note, some commentators (including on my housing thread) do not read this right properly. It is a right to respect for YOUR home.
It's not a right to have a home.
It's the right to respect for the one you've already established, inside a building.
It is not the right to respect for your property - that's encoded as 'peaceful enjoyment', elsewhere.
This right applies, whether you own the property, or not.
It's possible you could engage this right to request that the lender repossesses only part of the freehold, which you rent back, for example. Maybe an option to repurchase that portion, later].

Also check out Pt I, article 17 (limitation of rights by any person, group, or state prohibited)
and Pt II, article 1 (peaceful enjoyment of possessions) if interested.

[PlanB]

Re: court date yesterday for house repossession, how do i know outcome??

If the OP didn't attend the possession hearing then they can apply to the court for a set-aside of the order (no guaranteed outcome), but I don't think that's the aim here because they have other plans But for the benefit of anyone else reading this thread here's how to do it:

http://england.shelter.org.uk/get_ad...session_orders

With all due respect CP I don't think a borrower would stand a chance in court with a Human Rights argument vs a breach of contract argument put forward by the lender where there are arrears involved. Imagine the chaos if everyone could stop paying their mortgages and claim the Human Right to live in the property free for ever. If the courts started doing that then UK plc would be as broke as Greece within months. It's not going to happen.

Re: court date yesterday for house repossession, how do i know outcome??

£2000
If you don't want them to repossess the property, I feel there will be an action you can take in court.

The human rights argument is proportionality and legitimate aim.
This situation sounds like it fails the test.
The right is the right to respect for the home.
You could squeeze in the right to peaceful enjoyment of your possessions.

But, I feel you would want to decide whether you want to make the payments in future, and how (obviously :noidea
How bankruptcy affects this, I've no idea.

I feel a lot of unsettlement of people is about massive debt.
If the large companies are causing mass upheaval by their demands,
(it was a factor in my decision to withhold rent, and move out),
they may need to be held to unjust enrichment.
Particularly when it causes the disruption of peoples' homes.
(Not properties - homes).

[PlanB]

Re: court date yesterday for house repossession, how do i know outcome??

I think maybe I will try a complaint after im discharged, who knows ah?! Thanks for all the advise will keep you posted on route i take! The silly thing is they are repossessing property for £2000
I have mortgage interest payments from governement four weekly direct to my mortgage company which is £320 towards the £565 payment I need to make, I havent been able to make the top ups hence the date has accumilated. I bought this property for £120k and in todays market with the damage, they will probably get £80k - £90k for it! So its more fool them really as I would take a £2000 debt over a £40,000 debt any day!

:scared: It's stories like these which make my blood boil ! If you'd gone to the hearing you may have been able to get a suspended possession order if you'd fought for it because I bet some of that £2k was made up of unfair charges which they slapped on when you went into arrears. But it seems like you've made a sensible business decision to get shot of all the financial burdens that are holding you back :ballchain:


Come back here when you get settled into your new home and the BOI have sent you a final statement so we can see if there's any chance in you getting something done to right this wrong. Even a complaint to the FOS means the lender will have to pay them £500 to investigate it so that will hurt :boink:

[PlanB]

Re: court date yesterday for house repossession, how do i know outcome??

You could be accused of converting* the lender's property - for what?
A few quid?
Wood laminate, duff carpets, all cut a certain way?
Recoup your losses by making the proper complaint.

*interfering with the ownership rights of

^^^^ This would not be the case in law. The OP remains the owner of the property until the date specified on the court order when the lender takes possession. Anything that happens before that date is nothing to do with the lender whatsoever. The OP will know the date when the court order arrives or by ringing the court to ask them before. The date is typically 28 days after the hearing where the order is made.

https://www.gov.uk/repossession/repossession-orders

[Laurieloo2]

Re: court date yesterday for house repossession, how do i know outcome??

I think maybe I will try a complaint after im discharged, who knows ah?! Thanks for all the advise will keep you posted on route i take! The silly thing is they are repossessing property for £2000
I have mortgage interest payments from governement four weekly direct to my mortgage company which is £320 towards the £565 payment I need to make, I havent been able to make the top ups hence the date has accumilated. I bought this property for £120k and in todays market with the damage, they will probably get £80k - £90k for it! So its more fool them really as I would take a £2000 debt over a £40,000 debt any day!