Halifax/Birmingham Midshires - repeated warrants/eviction/repo attempts

[FTMDave]

Open.

[WA1306]

Hi,

Unfortunately, I am back again. Just to recap, I had around £12000 arrears between September last year until February this year when had the court hearing. I managed to reduce the arrears to around £2000 before the hearing in February this year. Based on this lender didn't attend the court and judge adjourned the hearing in their absence with order that lender can recommence the legal proceedings again within 12 months if needed. 

Unfortunately, following month in March, I lost my job. Still unemployed and couldn't make any mortgage payment since March.

All this time , mortgage interest rate rises many times and my monthly contractual payment increased from around £1400 to now at £2800. Now my arrears stand at £20000 in 5 months missed payments. 

Birmingham Midshires took me to the court, and I had hearing today. Lender's solicitor asked for outright repossession.  Judge asked me if I have to say anything.  I started saying that solicitor is wrong in saying that I made lump sum payment last time to reduce the arrears. I overpaid every month from my salary. Also, that I live in the property with wife and children age between 2 and 11. As soon as I said this, judge stopped me and said she is using her discretion to adjourn the hearing due to children living at the property. 

Lender's solicitor was very uneasy and convinced the judge not to use the discretion as mortgage is based on affordability and not on whether children live at property or not.

 

Judge agreed and decided not to use the discretion. I requested judge to grant the suspended repossession order not outright repossession. 

To this the lender's solicitor asked the judge for outright as I am currently out of work and don't have solid payment plan with evidence. 

I mentioned that I have been working as software engineer for 23 years. This is the worst time in my field of work that I couldn't find any work since March. I have never been unemployed more than couple of weeks before and hopefully should be able to find work again. If 28 days repossession order is granted,  o won't be able to focus on finding job.

In the end, judge ordered not the 28 days but 56 days repossession order. 

I don't know where I stand now I can't afford to lose home with children. My work situation is I am still not employed but this can change any time and my circumstances can improve. Summer was quite time for jobs but it will pick up after summer holidays. 

I am on Universal Credit since April and should have been helped by local authority to pay interest up to £200000 on interest only under Support towards Mortgage Interest scheme by government. . Mortgage is currently £360000. I am going to ask department of work and pensions why they haven't done anything although I told them about mortgage issue. 

Can you please help with can I request court to set aside this order so that I can focus on job search and interviews rather worrying about finding place after eviction?

I want court to consider the circumstances like high cost of living,  unemployment rate at highest level, and interest rate increased during all the time I couldn't make mortgage payments. 

Can I ask local authority to pay interest on mortgage backdated since I joined the Universal Credit?

Please help.

Forgot to mention, I was unfortunate that legal advisor at court was not available today. If legal advisor was available, may be he could convince the judge to use discretion and adjourn the hearing as judge initially chose to but got convinced by other party not to use.

Edited September 6, 2023 by WA1306

[honeybee13]

Hi.

It's a shame you didn't keep us updated, @Ell-enncould at least have helped you to prepare. Hopefully she'll see this and advise you.

HB