Repossession. Very scary but unavoidable. Help & advice needed!

[sillygirl1]

Mrs B, I can understand the borderline agrophobia, been there myself... its due to stress and the feeling that everyone else is controlling every aspect of your life. In your case it is the morons in the mortgage company causing this. It is also something you can use in your favour (disability....)

 

I was told on Friday night that my landlords are going to sell this property and I will have to move, however I've already gone to the council so should hear sometime next week on that, and the landlords have another flat round the corner from my dad which will be vacant in November so I could move in there if I want it - from a three bed shared place to a one bed place on my own is a good step. A two bed council place would be better.

 

Trying to be positive is sometimes very hard, I know, I've been there, things don't necessarily improve... especially when the idiots at the mortgage company don't know how to apply the 'stop' button on their threat machines.

 

The best thing to do is get EVERYTHING in writing from the mortgage company and when you go back to court you can use this against them, even if they say "Without Prejudice" on it. At this stage it is THEM not being co-operative, not YOU.

 

Have you thought about getting your local MP involved with the idiots?

[Mrs E Blackadder]

Thank you everyone for the advice and moral support, it really, really means so much. I'm quite overwhelmed that people who have no idea who I am want to help me

 

I am hoping that all of this will sort itself out in the next day or so as I have had one of those weeks where nothing has gone right (apart from my boss telling me that I am really doing well at my job and they're very pleased with me ). However, I don't want to just heave a sigh of relief and pretend nothing has happened, (I'm tired of being trodden on) so I think that I might just have a go at what Sillygirl did and see if I can somehow get a hearing to prevent them from making this mistake again. Presumably, if I did get something from the court that says if the mortgage co make the mistake again within x amount of months then I could really go for their jugular??

 

If, however, I ring the court to find that the eviction has actually been cancelled, can I still get an emergency hearing to secure some sort of thing to prevent the mortgage company making this kind of mistake again, or will I just be told to go and away and accept that it got sorted out this time?

[sillygirl1]

I think it is well worth trying to get a hearing to block them from further court action for XXX months, I think judges up and down the country are now waking up to the tactics of these companies, and the more cases that can be brought against them the better.

 

Even if the eviction has been cancelled you can bet your bottom dollar that the company will charge this to your account, that is what you want to stop now...

 

Ask about going for an abuse of process and see what the court say. They cannot really suggest much but I've found some people at Croydon (the court I deal with quite a bit) are really helpful.

 

I would ask to speak to the court manager, not the bailiff manager at the court for the process you now need to follow. Tell her you are a litigant in person and cannot afford any legal fees.

[Mrs E Blackadder]

Even if the eviction has been cancelled you can bet your bottom dollar that the company will charge this to your account, that is what you want to stop now...

 

 

I do have it in writing from the mortgage company that no charges 'will be incurred on to the account'. Makes me laugh, they make it sound like they are doing me a favour!

 

Mind you, the letter also says that the mistake has been sorted with their solicitors and the eviction has been cancelled, but it obviously wasn't. And they wonder why I'm becoming more and more paranoid...

[car2403]

I do have it in writing from the mortgage company that no charges 'will be incurred on to the account'. Makes me laugh, they make it sound like they are doing me a favour!

 

Mind you, the letter also says that the mistake has been sorted with their solicitors and the eviction has been cancelled, but it obviously wasn't. And they wonder why I'm becoming more and more paranoid...

 

Maybe you want to share this with the Court?

[Mrs E Blackadder]

Hi again and thanks to all who have given me advice on this one in the past. I have a quick question and hope that someone will have the answer as I can't find it anywhere else.

 

My mortgage company is a total pain in the arse and even when we stick to the agreement they still harrass us and get it all wrong. My query is this: despite sticking to our arrangement, they 'accidentally' went for a repossession. It was all their fault and left me in a real state trying to stop everything going ahead while they sat twiddling their thumbs doing nothing. I got it in writing from them that it was all their mistake, but they still did naff all to clear it up. I gather that as it was their mistake, they are now legally not allowed to act on their court order for a repossession for a certain amount of time and I need to know how long that is. I am again getting letters from them saying that if we don't pay then they will have 'no choice but to repossess your property' even though we still have until the end of the month. I have every intention of paying, but what I would like to do is let them know in no uncertain terms that even if I don't pay, they cannot do anything about it for xx amount of months as they messed up before, and I am quite happy to go to court and let a judge know about their utter incompetence. If anyone knows how long it is before they can actually repossess after their mistake I would be very grateful.

[Mrs E Blackadder]

Ok. As you can see from the date of this thread, this has been threatening for a while! However, it looks like the inevitable will happen in the next few weeks and I am packing up the house as best I can. Ex has not been forthcoming with any money now for nearly 3 months, so it's time to bite the bullet and just get on with it. Frankly I can't take the stress anymore.

 

What I'm really looking for here is tips, advice and help on how to get through this and how to handle the mortgage company etc. I have got somewhere to go, but do not want them hassling me there because it is with an elderly relative. I am hoping that the local community welfare people will act as a third party for me, and will make an appointment to see them asap.

 

I am worried about how long I will get once they put the suspended repossession order in place. Hopefully not just a few days.

 

I'm also concerned because ex has made himself very scarce indeed. Mobile phone number no longer exists, so can't phone or text. No address for him, don't have any idea where he could be. No replies to emails to known email address. As a result, I suspect the mortgage company will try to make me responsible for anything that remains outstanding once they get rid of the house. Fat chance they will get anything as I'm hardly a high earner and am currently not receiving any child maintainance. We are just getting by as it is!

 

As I am pretty much on my own with this one (a couple of friends are helping me pack, but it's down to me to get everything into storage, clean the house and get out on time - and carry on with all the other stuff life expects you to do like look after disabled parents!) and whilst I know I just have to get on with it, it is beginning to overwhelm me.

 

To be honest, I don't really want to fight the repossession because I have no way of saying when finances will be available, and if the house goes then it breaks yet another tie with the errant ex. So, any general hints, tip etc will be much appreciated - especially if you have been through this yourself.

 

Mrs B.

[Ell-enn]

Hi there, I'm sorry to hear you are having such a stressful time - but I'm sure once you no longer have to struggle with mortgage payments and live with the suspended possession order hanging over your head, you will start to feel better. If they enforce the SPO they will apply for an eviction warrant from the court who will either hand deliver it to you or post it. Usually you get between 14 and 21 days from receipt of the warrant to vacate the property.

 

Is there any equity in the property?

[Tawnyowl]

Ok. As you can see from the date of this thread, this has been threatening for a while! However, it looks like the inevitable will happen in the next few weeks and I am packing up the house as best I can. Ex has not been forthcoming with any money now for nearly 3 months, so it's time to bite the bullet and just get on with it. Frankly I can't take the stress anymore.Hi Mrs Blackadder,Tawnyowl here.Nearly two years since your thread began.Long time to have so much stress.Seems like the time is coming for a new start for you.No money from ex for 3 months,seems like he has vanished from the scene for now.Perhaps sooner or later he will resurface to help you.

 

What I'm really looking for here is tips, advice and help on how to get through this and how to handle the mortgage company etc. I have got somewhere to go, but do not want them hassling me there because it is with an elderly relative. I am hoping that the local community welfare people will act as a third party for me, and will make an appointment to see them asap.I suppose letters will soon start arriving from the mortgage company,solicitors,court etc.It would be nice if the local community welfare people would act as 3rd party for you or perhaps CAB or CCCS or some other service.Can only see letters arriving for you at you new addrress.

 

I am worried about how long I will get once they put the suspended repossession order in place. Hopefully not just a few days.Ell-enn has answered this Allways there at difficult times.

 

I'm also concerned because ex has made himself very scarce indeed. Mobile phone number no longer exists, so can't phone or text. No address for him, don't have any idea where he could be. No replies to emails to known email address. As a result, I suspect the mortgage company will try to make me responsible for anything that remains outstanding once they get rid of the house. Fat chance they will get anything as I'm hardly a high earner and am currently not receiving any child maintainance. We are just getting by as it is! I am sorry ex has vanished but if there is a shortfall he would surely still be liable for half.Its no use hiding from it.They have 12 years to track people down and they can soon find people when the really want to.Do you possibly have any equity in the house as Ell-enn asked.Many shortfall letters on site when that time arrives.

 

As I am pretty much on my own with this one (a couple of friends are helping me pack, but it's down to me to get everything into storage, clean the house and get out on time - and carry on with all the other stuff life expects you to do like look after disabled parents!) and whilst I know I just have to get on with it, it is beginning to overwhelm me.Nice that a couple of friends are helping you prepare for when the time comes to leave.As you say you have to get on with it as you seem to have now accepted the house is going.As someone said to me,its only bricks and morter.Home is wherever you are with your family.

 

To be honest, I don't really want to fight the repossession because I have no way of saying when finances will be available, and if the house goes then it breaks yet another tie with the errant ex. So, any general hints, tip etc will be much appreciated - especially if you have been through this yourself. Really Mrs Blackadder just letting you know i am supporting you through this difficult time and will watch this thread as your new start develops.And i hope everything works out for you.Bye for now Tawnyowl

[Mrs E Blackadder]

Hi Ell-enn and Tawnyowl, thank you both for your replies and moral support.

 

Although I know it's time to let go of it all, it still seems such a massive task. I have decided to store only the things that really mean anything to me, but I just don't know what to do with the furniture. I know there are lots of places that might take it, but what if I can't find anyone who actually wants it? If I leave anything behind then they will slap on huge charges and say that they had to clear the house! (As you can probably tell, I'm feeling a bit low today. Having coped with it all so far, I just want to throw everything in the air and scream )

 

I really don't know if there will be any equity left in the property. In theory there should be a little, based on what we have paid off and the general price for houses round here. However, looking at the current climate and the fact that it will be a repossessed property, there is plenty of scope for a buyer to knock it down to the absolute minimum - they will probably claim that the whole place needs gutting and replacing the bathroom, kitchen and boiler is going to cost them. I expect that all kinds of charges will also be added (changing locks, bailiffs fees, that kind of thing), so I can only really guess at whether or not there will be anything left at the end of it. There are also charging orders on the property in the ex's name, and I am worried that they will attempt to pay these off out of anything that might be left rather than giving me my share and then paying anything off out of the ex's half. On the plus side though, I couldn't care less if nothing gets paid towards the charging orders as they will then have to try to find him. Good luck to 'em!

 

I know that you are right Tawnyowl, when you say it is only bricks and mortar. The odd thing is that the house seems to have its own personality and it has never wanted us living here. All kinds of strange things have happened, and there has been a lot of misery along the way. However, my children were born here (mmm, maybe that's a memory best left behind ) and they are such a big plus in my life. I know that we can be happy where we are going, even though it will mean a lot of give and take, but there will be no immediate hurry for us to move on and it will give me a chance to recharge myself and get my finances in order. We can also take the pets, so we will all be together.

 

I think I might turn my thread into a kind of journal, filling in what is happening when I get the time. I would welcome any postings from people who wish to join me on my journey to the next phase of my life and hopefully it will help anyone else who is unable to hold on to their home and are feeling desperate about how to deal with losing such a huge part of their life.

[meursault22]

Mrs. E. Blackadder,

I know it seems really bad, and it is really bad, and to be honest, alot of the time the British legal system just stinks.

I've also lost my home, although in my case the housing market is so bad and the house is in such poor condition (I was trying to do it up whilst staying with friends) that the mortgage company has agreed to rent it back to me until I can get somewhere permanent to live sorted. I also have almost no income and have to keep it together for people who rely on me... This is the second house I've lost - the first to an ex and now this one to a water company. Sorry there's precious little I can do to help you except let you know you're not alone.

Just try to have faith that something good is just round the corner, otherwise you're welcome to join me in building a rocket and jetting out to space!

[Ell-enn]

Have you considered trying to sell the house yourself? if you did that then you could apply to the court for time to sell if and when they issue and eviction order? might just give you the chance to get something out of the sale instead of leaving it to the lender to get rid of?

[mich7k]

Hi Mrs B

Just saw your post as I'm back at work now. I went through a lot as well but I was lucky that I got to stay in my home and I am now a tenant it all went through back in march 2010 I qualified for full housing benefit then I went back to work so I had to pay it myself but ive managed really well and have no arrears this year as I only work part time I qualified for housing benefit and I still get to go to. Work and me and the kids are starting to feel settled although eventually I'd still like to move. Enough about me anyway I now work in housing as i want to help others who end up in impossible situations when you get the final date for the repo pls make sure you take it to the council as they can put you in band 1 even though u have some where to stay at the moment. Pls do go into private rented as you will be classed as adequately housed good luck and I know it's sadvto loose ur house but a fresh start with your kids is the best trust me I know x

[Mrs E Blackadder]

Mrs. E. Blackadder,

I know it seems really bad, and it is really bad, and to be honest, alot of the time the British legal system just stinks.

I've also lost my home, although in my case the housing market is so bad and the house is in such poor condition (I was trying to do it up whilst staying with friends) that the mortgage company has agreed to rent it back to me until I can get somewhere permanent to live sorted. I also have almost no income and have to keep it together for people who rely on me... This is the second house I've lost - the first to an ex and now this one to a water company. Sorry there's precious little I can do to help you except let you know you're not alone.

Just try to have faith that something good is just round the corner, otherwise you're welcome to join me in building a rocket and jetting out to space!

 

If I could afford enough rocket fuel you could put me first in the queue!!

 

Please don't apologise because 'there's precious little I can do to help you'. Trust me, just knowing that other people have been through this and survived is a good reason for me to keep going. You've been through it twice, which makes you an expert I can look up to!

 

I'm probably the odd one out amongst a lot of people because I certainly don't hold anything against the mortgage company. We borrowed the money, and they want it back, but things have gone disasterously wrong and that's now become impossible. Considering they aren't exactly up there with the nice friendly guys, they could be a lot worse. Actually, I'm more angry with the ex because of his behaviour and the fact that he agreed to keep a roof over our heads, and it appears that now he wants to deliberately land me in debt whilst he tries to hide from it. Or perhaps I'm being paranoid lol.

 

Ell-enn, I did consider selling the house myself, but with no money in the pot and no idea of whether there will be any equity, I just can't risk ending up with huge solicitors and estate agents bills that might not be paid back. After much careful thought (where I deliberately didn't ask friends or family for their opinions so that I didn't get confused) I decided that repossession was probably the best bet/likely outcome. It might not be ideal for some reasons, especially if you have nosey neighbours like I do , however at the end of the day the mortgage company can add on what they like but if I don't have the money to pay it back if there's a shortfall, well they can't have what I aint got. I also reasoned that I could possibly challenge any charges they have added and get things reduced.

 

What was it Yazz sang about? Oh yes, 'The Only Way Is Up'. How very right she was, bless her!

[Ell-enn]

You most certainly should challenge any shortfall claims from the lender. They are obliged to market and sell the property with your best interests in mind. I have affixed the guidelines they are supposed to follow when selling property in possession.

CML recommendations following reposession.doc

[Mrs E Blackadder]

Thank you so much for that Ell-enn. I have printed it out and will keep it in my ever increasing file of information.

[meursault22]

What was it Yazz sang about? Oh yes, 'The Only Way Is Up'. How very right she was, bless her!

 

So you're joining me in the rocket after all?

[Mrs E Blackadder]

Yes, meursault, I think that would be a very good idea!! I'm hoping that the bits that seperate from the command module will plummet back to earth and land either a) on the headquarters of my mortgage company or b) on my ex, wherever he may be. If I'm really lucky it might bounce around a bit and land on both .

 

Perhaps NASA has a spare rocket lying around that we could use.

[PriorityOne]

Thinking of you Mrs. E...

 

I've been there too.... many years ago now and would never, ever have envisaged my life to be what it is now, so there is indeed hope... Every day is a step towards building a new set of memories and a new future. Leave the old ones behind and don't be afraid of this new journey because it will take you to a more peaceful place.

 

The only advice I would give you at this stage is not to drive past your old house once you've left it; not for a long time. Move forwards with life and don't look back. I left a 5 year gap before driving back to my old reposessed house years ago.... but by that time all I needed was a quick look up and down.... I then drove off. My daughter couldn't even remember it!

 

That chapter in life was firmly closed and it felt great!

[Tawnyowl]

Hi Mrs Blackadder, I will never forget my last day in my old house.I decided after finding somewhere else for my family to live i would stay and guard the place till the repossession happened.Only had my cockatiel in its cage ,my dog the memories etc.It was about midnight on the first day when the mists were rolling across the fields and the house felt so cold and empty that finally i let go and walked out with my dog and bird .Strange sight that must have been.I heard this song http://www.youtube.com/watch?v=ODojJTdVaaE which at the time slightly meant something to me,kind of how i felt about the house at that time,must have been the words,made me laugh nearly cry even, a mixture of emotions .Made me laugh since i can tell you..Found it hard letting go.I have to go down that street now.The house is a complete mess,gardens destroyed.Whos bothered.Went on Google eath at first to check it out.If anyone wants to check out their old address just tap it into google and have a look.May shock you. Miss it yes,only due to the fact i felt it was mine.But was it. Mortgaged for the next 25 years.with no real chance of paying it off. I may now only rent and perhaps not feel so secure,but i also feel free.Able to move around easily,which we may well do,who knows..I hope this post has not depressed you,your thread as it progresses brought back a few distant memories,that is all.Will follow your thread into your happier future.And as Priority one says a more peaceful place.Best wishes Tawnyowl.

[Mrs E Blackadder]

It is really interesting reading how everyone has coped with the same situation, but the overwhelming point that seems to shine more than anything else is that you have all moved forward with your lives. Positive has come out of negative. I wish we could start a site to help people whose homes are being or have been repossessed because you are made to feel as if you are some sort of dreadful, bad and stupid person for letting this happen and it's all your own fault. You feel like you are the only one this is happening to. Until it happens to someone you actually know, I suppose you do wonder how anyone could be daft enough to lose their home, but when you know the actual circumstances you realise that some things are beyond your control and it can happen to anyone. I am not a bad or dreadful person, but it doesn't stop my mortgage company making me feel like that - I am dreading next week as I will have to phone them to let them know that the ex is not responding to any contact and I will not be able to pay. Even though I am resigned to what is going to happen and am doing my best to pack everything up now, I still fear making that phone call and receiving the letters telling me to go. Silly really, but the fear won't shift.

 

I feel sad at losing the house I live in, it has many pluses. It's (a small) detached, reasonable sized garden, quiet cul-de-sac so nice for the cats, and mostly nice neighbours. BUT it is a millstone around my neck, costs more money to keep up than I can afford and keeps me chained to the ex. Where I am going is going to be a bit cramped, has little in the way of parking and isn't quite so safe for the cats due a main road being a short distance away. BUT it will be safe, I know my relatives neighbours and they have known me since I was little, I will have to pay my way but the costs will be half of what I am paying to live by myself, and none of my relatives cats has ever been run over on the main road!! Best of all, it has no ties to the ex.

 

At the moment I don't have any money to rent myself as there are things to be paid off, but going to my relatives will allow me the time to sort out my finances and look at what I can afford. Also, my relative is disabled and has recently been bereaved, so I think is probably feeling that having me in the house will make them feel more secure, especially at night time. It must be incredibly hard losing your partner of 60 years and I suspect that they will appreciate the support of other people in the house as much as I will appreciate them giving us somewhere to live.

 

Today I am going to continue packing and if I get the time I want to tidy the garden up a little bit. I am trying to get a little ahead of the game so that I won't be so rushed at the end - well, that's the theory at least!

[car2403]

There is a site to help those in your situation - CAG is the answer

 

Good on you for being positive in such a dreadful situation. You're choosing your response to it very well, whereas it could easily drag you down.

 

Sadly, too much emphasis is placed on 'creditworthiness' these days, including being seen as lowlife for failing to manage your finances - CAG knows all too well the pitfalls there are in there.

 

Don't worry, you'll always be welcome here!

 

Incidentally, if you feel like you can help others, in the same way that those that have been through this in the same way as you have, we'd very much like you to continue visiting to assist those in need. This is what CAG is all about. It's never so daunting as it would be if you were doing this on your own.

 

Onwards and upwards...

[Mrs E Blackadder]

omg, I love your moving Homer Simpson picture. Wish I could find one like that for Side Show Bob, I think he's so funny

 

I have those days where I really don't feel positive, but there's nothing like keeping going for getting yourself feeling better. Having spent many years with severe and debilitating depression, I know only too well what it is like to lie in bed all day with the duvet over your head, but having to find myself a job and stand on my own two feet rather than relying on a man who didn't seem to care much about me anyway has done me a massive favour. I now realise that I can deal with things. Sometimes you have to ask for help, and I now know that is perfectly all right to do, but I am not the useless person I once thought I was. My youngest son told me a couple of weeks ago that he respected me for how I have found a job and tried to make things better. I thought, 'well, I must be doing ok then!'

 

I'm not sure how I will pass the news to Mr Blackadder when the time comes that the house has been repossessed, but I don't suppose it matters much anyway. It's not like I'm going to get any help from him. Does anyone know what I should do with his remaining goods which I have put in the garage? I think that legally I have to let him know they are there and give him time to come and get them but without anyway of contacting him that's a trifle difficult to do!! Has anyone ever had to deal with the same situation? I'm still annoyed that he is hiding though, and trying to make me responsible for everything. Perhaps I should employ some blood hounds and a posse. The thought of him being chased across the wild west by a great big, droopy eyed blood hound makes me laugh!

 

ps If my life experiences help me to help others, then I am more than happy to do so.

[PriorityOne]

omg, I love your moving Homer Simpson picture. Wish I could find one like that for Side Show Bob, I think he's so funny

 

I have those days where I really don't feel positive, but there's nothing like keeping going for getting yourself feeling better. Having spent many years with severe and debilitating depression, I know only too well what it is like to lie in bed all day with the duvet over your head, but having to find myself a job and stand on my own two feet rather than relying on a man who didn't seem to care much about me anyway has done me a massive favour. I can so relate to that Hun... I now realise that I can deal with things. Sometimes you have to ask for help, and I now know that is perfectly all right to do, but I am not the useless person I once thought I was. My youngest son told me a couple of weeks ago that he respected me for how I have found a job and tried to make things better. I thought, 'well, I must be doing ok then!' I worried for years that I wasn't providing enough for my daughter but a few years back, she said to someone that she hadn't felt she'd missed out on anything! Brought a lump to my throat.... You are far from usless Mrs E. In fact, you sound stronger than you give yourself credit for.

 

I'm not sure how I will pass the news to Mr Blackadder when the time comes that the house has been repossessed, but I don't suppose it matters much anyway. It's not up to you to track him down.... he shouldn't have left you to deal with it. It's not like I'm going to get any help from him. Does anyone know what I should do with his remaining goods which I have put in the garage? I think that legally I have to let him know they are there and give him time to come and get them but without anyway of contacting him that's a trifle difficult to do!! Has anyone ever had to deal with the same situation? If they haven't been collected by the time you go, just leave them and go. I'm still annoyed that he is hiding though, and trying to make me responsible for everything. Perhaps I should employ some blood hounds and a posse. The thought of him being chased across the wild west by a great big, droopy eyed blood hound makes me laugh! He won't remain untraceable forever. My ex was traced eventually....

 

ps If my life experiences help me to help others, then I am more than happy to do so.

 

[Mrs E Blackadder]

Well, today is one of those up and down days, but mainly an 'angry day'! I have had a letter from the mortgage co's solicitors telling me that I have been a very naughty person and not stuck to my arrangement, therefore they have been instructed to apply for the warrant to kick me out. Letter was dated yesterday, so I suppose it won't be long before I get the letter from the court. I've now gone into real panic mode because I am very aware that time is running out and although most things have been packed, there are still bits to go.

 

The reason I am mostly angry though is that I managed to contact Mr Blackadder! Sheer fluke, but I found a phone number that led me to something, then something else and eventually to him. He was full of how he had a big plan and it would probably mean getting money, possibly this week, blah blah blah . All I could think was, "how boring". I've heard it all before so how often does he think he can tell me this rubbish and I will still believe him. No apologies for not paying mortgage or maintainance, no apologies for not contacting his children or even asking how they are, didn't even care that we are on the verge of being evicted. It was just about him. If he does come up with enough to pay the mortgage co then I will take it simply as a way of buying a bit more time, but you really do know when you've had enough don't you??

 

Does anyone know what I do about things like the gas/electric? I would like to have them disconnected the day I leave so that they can't try and sting me for anything I haven't used. Is this possible, or do the mortgage company like to employ someone to do that and then charge a 'disconnection fee' to your account? I don't see why I should pay them a penny for doing something that I can probably get done myself (and probably for free!)