Repossession

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jane.l

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Post by jane.l » Thu Jun 07, 2007 5:30 pm
I am still hanging on in here, I have had a letter today from northern rock saying they have started repossession proceedings on the house, and that I should expect a court date, I wonder do I HAVE to attend? I will not be able to get time off work and there seems little point if we are not going to fight to keep the house??? I did write to NRock explaining my situation, I wondered if I should send a copy of that to the court, explaining what we are having to do (bankruptcy) and if Picture Finance had agreed to sale, we would have had enough money to pay all of the debt back to NRock, it is just Picture that would have a shortfall?
 
 

ray_a

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Post by ray_a » Thu Jun 07, 2007 5:39 pm
Hi Jane

This depends on your circumstances.
Have you gone bankrupt yet or going into an IVA?

Can you make some payment against arrears?

I had the same problem and turned up to the court on the day. The solicitor and judge were stunned to see me attending. They allowed me to make a suggestion and the Judge was very helpful in making sure I could meet the repayments.

I kept them goping but sadly missed one and decided to write to my Lender what happened. I expected them to bring in the heavies! Infact they were sympathetic to our plight and suggested we sell the house which is what we are doing!

I do suggest you go as the Court do like to see you and everyone including the other side are accomodating. My mortgage lender told me recently when asking for an update that no one talks to them when they are faced with this situation and this makes everyone lives difficult.

It really does help believe me!

Good Luck

Ray
 
 

jane.l

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Post by jane.l » Thu Jun 07, 2007 5:55 pm
We are going to petition for bankruptcy in about 8 weeks'time. We left the house to rent one as we were going to have an IVA but the figures were very high and I did not see it working for 6 years. The figures rose to £835 per month! We could not voluntarily give the house back as we have got onto the council house list and I don't want them to say we have made ourselves homeless intentionally.!

I have rung and written to NRock and told them of our situation on about 3 occasions but they just keep sending me letters saying as they have had no contact with me, they will go for repossession!
 
 

DebtDummy

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Post by DebtDummy » Thu Jun 07, 2007 6:00 pm
my bankruptcy date was April 3rd and the court date for home repossession was May 22. My hubby and I did not attend as we had no intentions of keeping the house. Picture Loan held the second secured loan on your property. When selling a house both the first and second secured loans have to be paid, as you are aware. Now, Picture Loan didn't agree because they wouldn't have received there money in full when the house sold. Is this correct? So, they said no. However, there was enough to pay the first secured loan(mortgage). There would have been a shortfall with Picture Loan therefore the sale wasn't allowed.

From what I have learned about secured loans upon the house selling they must be satisfied in full. I too had a secured loan on my property AND charging orders,but the bankruptcy took care of that. As for you having to appear in court on the repossession date, no, you don't have to appear. The judge will grant in favour of the Northern Rock as your not appearing informs the judge that you do not want the property. You will receive notice of this decision from the court. The next step Northern Rock will take is to issue you a vacate the premises notice. This is the date you have to be out of the property and they send the bailiffs just to make sure.

That's the worst case scenario above. You could always contact Northern Rock and Picture Loan and try to work out the arrears that you can comfortably afford and appear in court so the judge can hear your proposal and approve it. Once approved Northern Rock and Picture Loan can't take any further legal action unless you default on the payments. Good luck jane.

Hope this helped jane. A bankruptcy expert will be along and assist you further. I am not an expert. I am someone that petitioned for bankruptcy.

Take care.



All I have left is my humour. :)

View my blog http://www.debtdummybankruwoman.blogs.iva.co.uk.
All I have left is my humour. :)

View my blog http://www.debtdummybankruwoman.blogs.iva.co.uk.
 
 

jane.l

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Post by jane.l » Thu Jun 07, 2007 6:04 pm
I meant to say too, that the house is in serious negative equity. We have not paid any creditors for 4 months, after our essential bills, we have about £100 left per month and we need 2 lots of bankruptcy fees so have decided not to pay anything so that we can save up and get it done soon as, not sure if this is the right thing to do or not but it is what we have decided!

I also received some papers that look suspiciously like court papers over a NRock unsecured loan, there is no court date or anything on but the advice I have had is to just ignore them, if it materialises into a CCJ, I think the bankruptcy will canel that out? Just hope I am doing the right thing!
 
 

MelanieGiles

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Post by MelanieGiles » Thu Jun 07, 2007 7:00 pm
Jane

I do not think that there is any point in you attending the Court hearing, as you are not going to defend the proceedings - but you might like to write to the Court to explain the reasons why you cannot attend and that you mean no discourtesy to the District Judge.

Glad to see you seeming more positive now!

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

ray_a

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Post by ray_a » Fri Jun 08, 2007 10:28 am
I am sorry Jane!

Hang on and let events take their course. As longing as you and your family have a roof and you can feed yourselves that is the most important thing!

Regards

Ray
 
 

DebtDummy

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Post by DebtDummy » Fri Jun 08, 2007 1:49 pm
jane, my hubby and I also didn't pay the mortgage and other bills for quite sometime due to a potential IVA then realising the IVA wasn't the best option. We stopped paying the mortgage to save for the bankruptcy fees, rent deposit, etc. As for you doing the right thing. How we knew we were doing the right thing was to spend time going over every option we had available to us. Once we made the decision we felt 'settled' within ourselves.

Like ray said you and your family need shelter and food. That is the priority. The rest of the events will take their course.

Take care

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Last edited by DebtDummy on Fri Jun 08, 2007 1:50 pm, edited 1 time in total.
All I have left is my humour. :)

View my blog http://www.debtdummybankruwoman.blogs.iva.co.uk.
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