Repossession Hearing on 3.12.08

SkintyMcFlinty

Good evening everyone

I was declared BR at the beginning of September. I've got my repossession hearing on Wednesday and I really don't know what to expect, so I'm hoping some of you lovely people on here can tell me what to brace myself for.

I might be in a bit of bother as I haven't filled in the defence forms and sent them in - my reason being that I have no defence and I want them to repossess the house due to BR. Is this acceptable?

Should I have legal representation?

I really have had my head in the sand - something I'm far too guilty of and I should know better. So, any guidance at this late stage would be gratefully received!


Many thanks as always x x

fiveyearplan

Hi Skinty, so you don't mind your house being repossessed then I see no reason why you need to appear at the court. I'm no expert though and I would probably want to attend if it was me - just so I'd know when to expect to move house (are you still living in the property?). Richard_S is the expert on this forum regarding houses. Maybe you could PM him and see what he has to say.

Good luck.

SkintyMcFlinty

Hi FYP - Thanks for replying so quickly. I moved out of the house a few months ago - I would have happily handed the keys back but was warned there could be repercussions regarding the shortfall if I signed the paperwork involved as part of the vol repo route. So, waited for court hearing.

I thought I had to attend court to hand back the keys. Thanks for the tip about Richard_S, I think he might have been someone who offered me advice re: vol repo a while ago. I'll PM and hope he doesn't mind. Thanks FYP

LilyBart

Hi Skinty,
We were in the same position last month. I called one of the free legal advice numbers which were sent from the court along with the possession claim form and particulars of claim. They advised us that we needn't go, and needn't fill in the defence form. You won't "get into trouble" for not attending, but if you want to make some kind of symbolic gesture, you could write a letter to the court stating your position and adding that any shortfall will then form part of your bankruptcy. You could also send the keys to the mortgage holder, though they will change the locks anyway once they take possession. Just so you know, if there *is* a shortfall, you will get a letter asking you to settle that sum. As I was told by my elders and betters here, just forward that letter to your OR/trustee, and, if you want to be super-diligent, you can write a letter back to the mortgage holders pointing out that you are bankrupt, including the usual details (BO number and OR contact details). nb You were absolutely right not to sign any form they sent to you. Don't be tempted to do so now.
Lily
ps Rosey has a useful thread on this topic. Just search Rosey and repo, you'll get there!

SkintyMcFlinty

Hi Lily - Has your house been repossessed now? Do you get a letter telling you when it will be taken back? The reason I ask is that in January, I become responsible for paying CT again, so I'm hoping its 28 day process and they'll repossess by end December.

I don't think I'll bother with the letter to the court (hearing is on Wednesday so haven't really got time to get it there). However, I might ring the court number to let them know I'll not be attending as I do not wish to defend the decision.

Lily, I really appreciate you sharing your experience with me and it is easing my nerves somewhat. Thank you x x

LilyBart

Just a further thought, Angel (I think) said these proceedings can be absolutely fascinating. No idea if they're open to the public, but if they are, you could put on some sunglasses and a wig and go incognito! I still feel funny driving past our old place....

EDIT Sorry, crossed posts.

It's a slightly complicated story, Skinty. The possession claim was brought by our secured loan company, not our mortgage holder, and it turns out that they (sec/loan) didn't turn up either and the claim was struck out. We had a letter from the court to this effect, though sent to the old address - so, so much for our symbolic gesture. In the meantime, it seems that the department in the mortgage company to whom we'd sent the keys (back in July, I think), had finally contacted the relevant department and had moved ahead with possession. We weren't sent any forms or anything, though we had written to them when we surrendered the keys, including the magical phrase "any shortfall will then form part of our bankruptcy."
It's only because I happened to drive past the old house the night before the court hearing that I noticed a For Sale sign up. Since then, the price was slashed, the house has been sold, and we've had the letter asking us to pay the shortfall. This has now gone to the relevant OR/trustee. Hope this makes sense!
It is kind ofstressful, I think especially because you tend to feel you've done with everything stressful after going BR and then psyching yourself up for the OR interview. But, as everyone here has reassured me, they really can't come round and tar and feather you afterwards.
Good luck with it all, and remember you are certainly not alone!
Lily
Re timing of possession, it sounds as though you should just about make it out in time before the CT kicks back in.

hannah9000

Hiya,

I did exactly this last week! Had a repossession hearing, my ex was living in the house alone and stopped paying the mortgage. I'm yet to declare myself BR (am in the process).

Anyway, if it's a county court it's really quite informal. It was just a large room with a few desks. The mortgage co's solicitor sat opposite me and the judge at the end. He was very stern and serious. I tried to make him smile but he was having none of it! I took my stepdad with me, just for support, I was told by my solicitor that there's no point in going but I wanted to for peace of mind. My solicitor also said there's no point doing the forms. So I didn't. And they weren't asked for. So I wouldn't worry about the forms.

The result? Repossession in 28 days (which lands on xmas day and I hope they turf the sod out then!) and like I said i'm in the BR process now.

Hope it all works out.

SkintyMcFlinty

Hi Hannah - thanks for that. Again, my nerves are calming.

After PM-ing a member of this forum, I have decided that I will attend the court hearing as there is a risk of the hearing being adjourned and repossession postponed to give me a chance to respond. So, off I go tomorrow - wish me luck and a 28 day repossession order (I'm assuming I won't be able to hand the keys back there and then). Am still a little bit scared though.....:eek:

2Loose

Lacoste-kid, so you are still in the house but posession has been granted to a lender...but there is another hearing due from your mortgage co. and this one also involves you even though posession was granted to the lender? Sounds convoluted! I am waiting for it all to start so am intrigued...

SkintyMcFlinty

Well, I attended the repossession hearing. I got to court early and let the usher know I was there. He asked whether I was defending myself and I said yes, he then asked if I wanted to speak with the mortgage lender's solicitor to which I replied, 'I don't know - is that normal procedure?'. He said he'd let the solicitor know I was here. I spoke to the solicitor before the hearing - he was very nice and told me what to expect in the judges chambers.

We were called in, the solicitor did all the talking and when the judge asked me if I had anything to say, I just told him I agreed with the solicitor and that repossession could go ahead asap. The judge granted a 7 day repossession order as the house is empty. I might add that he was very nice and in no way scary.

So, all thats left for me to do is to send my keys back within the next 7 days. I will be sending them registered delivery. I'll wait a couple of days to see if I recieve the repossession order through the post so I can refer to it in the enclosed letter with the keys.

So, once again, I'd like to thank members of this board for all their help and reassurances - you are stars! If I'm not posting (serial lurker) beforehand, have a wonderful Christmas x x

LilyBart

That's great, Skinty. Same to you.
Lily