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

[Laurieloo2]

A court hearing took place regarding the repossession of my home yesterday (26th February) which i didnt attend. How will I know what the outcome was?? Im presuming repossession order would of been granted, i am moving out this weekend into rented accommodation. Im guessing I will be given some notice to leave the premises but Im just wondering how i will be notified? Living in fear that someones going to knock on the door telling me I need to leave RIGHT NOW! Will I receive something in post giving me dates etc?? any help much appreciated!

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

No I quite agree with you that, in the circumstances, there would quite possibly be little (certainly of any value) that the lender could do; but I still think that stripping things such as pipes (without at least replacing them with cheaper plastic ones as has been suggested) that are clearly fixtures could still cause more trouble than it's worth.

When one considers that thermoplastic pipes will expand when water freezes inside them whereas copper pipes will split, burst or rupture, one must surely consider replacement of copper pipes with plastic pipes as being an improvement.

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

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

Well, certainly not a whole hole...

How about half a hole?

I've only just got your witticism - I spelt hole wrong in my earlier post :doh:

Yessss, but...

How is it possible to have half a hole?

Maybe you and FP would edit my quote in your posts too so I don't look like an illiterate twat

Why?

You don't look like such an object, part or person as it is.

[FlamingParrot]

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

I've only just got your witticism - I spelt hole wrong in my earlier post :doh:


Maybe you and FP would edit my quote in your posts too so I don't look like an illiterate twat

I didn't even notice that at the time! was too busy with my anti-lender rant to worry about spelling. I can't edit posts on here though.

[MissFM]

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

I've only just got your witticism - I spelt hole wrong in my earlier post :doh:


Maybe you and FP would edit my quote in your posts so I don't look like an illiterate twat

So what's wrong with being an illiterate twat then PB?eh?

[PlanB]

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

Well, certainly not a whole hole...

How about half a hole?

I've only just got your witticism - I spelt hole wrong in my earlier post :doh:


Maybe you and FP would edit my quote in your posts too so I don't look like an illiterate twat

[MissFM]

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

Hope you don't mind me saying UF - but lawyers can be a little bit anal about the letter of the law sometimes In the Op's position - anything that can be stripped and sold to mitigate the terrible losses that would appear to be induced by greed-and-spite alone must be a good thing IMVHnon-legalO. Also - there is the poetry of "Revenge".......:

"But Sir Richard cried in his English pride:
“We have fought such a fight for a day and a night
As may never be fought again!
We have won great glory, my men!	85
And a day less or more
At sea or ashore,
We die—does it matter when?
Sink me the ship, Master Gunner—sink her, split her in twain!
Fall into the hands of God, not into the hands of Spain!” ........."

"

[UnitedFront]

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

No I quite agree with you that, in the circumstances, there would quite possibly be little (certainly of any value) that the lender could do; but I still think that stripping things such as pipes (without at least replacing them with cheaper plastic ones as has been suggested) that are clearly fixtures could still cause more trouble than it's worth.

I definitely take the point, though.

[PlanB]

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

But what would the sanction be? Would the lender sue the OP who is bankrupt for any loss in value of the property with its pipes missing compared to its value with the pipes in situ, which would be impossible to quantify considering that the house will be sold at auction for below market value in any event?

And how could the lender identify its loss if it didn't know what was there in the first place (so can't say what should still be there) since they've not seen the property for five years when it was purchased in a worse state then it is now :grin:

[UnitedFront]

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

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 whole in the ground when the bailiffs call eep:

I didn't say that recessed lighting IS part of the land. Simply that it has, in certain circumstances, been held to be so - see the case of TSB Bank v Botham for example.

With the greatest of respect, I am not mistaken. Carpets are probably not part of the land - but in certain circumstances they can be. The reason you complete seller's questionnaires is to avoid confusion and arguments - but the law is clear that unless otherwise stated, anything that is in law a fixture 'becomes part of the land' and passes with the land.

In the Botham case, the issue was whether certain items which had been removed were or were not fixtures and therefore whether they should or should not have remained in the property at repossession.

Things that are firmly attached to the property with the intention of effecting an improvement to the property as a property rather than for enjoyment as a chattel, is a fixture and therefore part of the land. This being said, it is subject to the mortgage charge.

Just to add that, in certain circumsrances, things don't even need to be physically attached to the land to be considered in law to be fixtures.

I take your point, however, about the bank not knowing what was in the house - but stripping out all pipe, cable etc I don't think would be advisable. Some things, possibly even light switches etc if you take Botham on face value, one would probably get away with.

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

Copper pipe- part of the land- only as far as the stopcock inside the property, everything alse after that is questionable!

It could be replaced by plastic pipe.

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

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

Well, certainly not a whole hole...

How about half a hole?

[FlamingParrot]

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

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:

Under the circumstances, I would! :okay:Perhaps that would teach the lenders to be less aggressive and hasty! :boom: After all it's THEIR fault that many people are in this mess in the first place! :rant: :rant:

By the sounds of it, in this case, they won't even be getting all of their money back and the OP is BR so they can't chase for 12 years for the shortfall either! :nono: A line has to be drawn somewhere: fair enough to exercise their right to repossess a property if the borrower simply doesn't pay the mortgage, but from what I've seen above, it's just a matter of £2k in this case! £2k could easily be swallowed up in estate agents commission alone so you have to ask whether there REALLY is a point to repossess!

[PlanB]

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

Copper pipe- part of the land- only as far as the stopcock inside the property, everything alse after that is questionable!

In fact how would anyone even know what was in the property since the OP purchased it 5 years ago and says it was in dire condition then. All the improvements since have been made and paid for by the OP.

Years ago I had a tenant nick all my brass light-switches and sockets and replaced them with plastic ones and I didn't have a leg to stand on since I couldn't prove they were there in the first place. That soon taught me the lesson to have digital photos added to any inventory. In this case the bank would have absolutely no idea whether the OP chose to live their life by candle light and go outside in the rain to shower

[IanM]

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

Copper pipe- part of the land- only as far as the stopcock inside the property, everything alse after that is questionable!