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

[Laurieloo2]

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

The court will send the possession order in the post to your current address in about five days time. You will have been given at least 14 days before the lender can apply for an Eviction Warrant which will usually give you 5 days notice of any bailiff coming round. I would ring the court and ask to speak to the bailiffs' office to see if a date has been set. Believe it or not they are usually helpful Always explain if you have any children living in the property or if anyone is old or sick. Here's some reassuring info:

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

There were more answers on your other thread but maybe they were too late Here they are anyway:

http://www.legalbeagles.info/forums/...801#post320801

If it was me I wouldn't be in any hurry to give anyone your forwarding address when you finally pack up and go :wink: And I would take everything with you, and I mean everything. Most lenders expect to find the property has been stripped of all carpets, light-switches, fire places, kitchen cupboards, bathroom suites etc. These are your possessions and you're entitled to them - you can always sell them quickly to a dealer with a pick-up truck or put them on ebay

Can you name and shame the lender who's done this to you ?

it was Bank of Ireland, it was formally bristol and west and then bank of ireland took them over a few years back. I did ask them to consider helping me with a payment break, a drop in interest temporarily as i was paying 6% fixed interest, suggest letting me remortgage on a better rate to no avail, maybe if they had helped me in the first place i wouldnt be at this point! The house has given me nothing but grief over the last 5 years, have had constant repair work for damp proof coursing, condensation problems etc that always return. The house is already in disrepair with mould and damp problems EVERYWHERE!

[PlanB]

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

Can I really do all that? Strip the floors etc? and wold peole really buy this on ebay or where could i find a dealer?? From a house clearance tpe of business?? There is laminate wood flooring in livingroom, kitchen and upstairs bedroom, the carpets are naff to be fair. but the light fixings are all stuff i bought and installed as ironically when i bought the proprty 5 years ago it was a repossession and was in a terrible state! We had to clear out the previous owners belongings! I dont want to get in trouble with my official receiver over doing any of this.......

On reflection ebay would be a bit too *visible* even HMRC trawl it to catch people trading and not paying tax. I would look in the classified ads pages of your local paper and contact all those house clearance people. Also you'll find removal firms tend to know of companies who will come round and collect stuff. Do you live alone or do you have a partner or family friend who would help collect the cash on your behalf so as not to complicate things with your OR

Anything you don't want or can't sell can be given to Freecycle who pass it on to those in need however shabby the item (as long as it's not dangerous!). I wouldn't leave anything behind for your rotten lender :rant: Here's the Freecycle info:

http://www.uk.freecycle.org/

[PlanB]

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

it was Bank of Ireland, it was formally bristol and west and then bank of ireland took them over a few years back. I did ask them to consider helping me with a payment break, a drop in interest temporarily as i was paying 6% fixed interest, suggest letting me remortgage on a better rate to no avail, maybe if they had helped me in the first place i wouldnt be at this point!

If you feel the Bank of Ireland has not treated you fairly with your mortgage (because that's what it sounds like to me) you can still make a complaint about them even though they've repossessed the property. I would wait until you're discharged from your BR in four months time so that any compensation you may receive will go to you and not your other creditors. Follow the bank's formal complaints procedure all the way to the Ombudsman who takes a hard line on the way borrowers are repossessed unfairly:

http://www.bankofirelandmortgages.co...spx#complaints

[Guest]

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

If you feel the Bank of Ireland has not treated you fairly with your mortgage (because that's what it sounds like to me) you can still make a complaint about them

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!>

[Guest]

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

OP's house is being repossessed by the lender, a Financial in$titution. Such outfits are directly or indirectly responsible for so much misery and grief including lots of bankruptcies, repossessions, business failures and loss of income caused by the global financial cri$i$ caused by them! :mad2: :mad2:

This may well be the case.
My circumstances have been disturbed hugely by Welcome Finance, who stole £250m from the UK public.

Some tribes get together on a day and build a house for a member. They find the materials, and pitch in for the labour.

I'm wondering if, in our 'modern' society, some of these mortgage possession cases engage human rights. I've not heard of anyone doing this, and whilst I have sympathy for the lenders, people being turfed out of their homes is not the answer - especially if the institution does indeed have far more wealth than them. In that case, there should be an assessment of relative interests. The 'home' is, after all, a financial and psychological asset.

In this case, however, the balance may have tipped the other way.
It sounds like the situation was too much, Laurieloo.
Please keep us updated.
I wish you warm, safe, comfortable and happy home, with good, sound structure and no mortgage lender, for now.

[PlanB]

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

Maybe a combination of both approaches because the lender cannot be held responsible for the condition of the property (such as damp and mould) in the same way a Landlord can be made to, because in a rental situation the Landlord has to maintain it but with home ownership it's up to the owner to maintain it. By the time the OP makes her complaint to the FOS (4 months after the repossession) the property will have been sold at auction and there will be no evidience left of the condition of the house when the bailiffs came knocking

[Guest]

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

are you serious about this? i wouldnt know where to start with the boiler plus its about 25 years old!! lol

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

[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!

[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

[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:

[Guest]

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??

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.

[Guest]

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.

[Guest]

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:

[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 ?