Repossession Hearing on 3.12.08

dalip

Hi Skinty:D been following this tread but seeing as i know nothing about houses i never replied. Now its all settled just like to say i am pleased it was painless for you. Hope you have a good christmas too.Dx

fiveyearplan

Hi Skinty - do you feel better for attending the hearing? I think if it was me I would've gone to just to see how it all works.

chelseabun_3

Have a great Christmas, Skinty! Like Dalip, I"ve been lurking on this thread but have no knowledge of house repos. I'm glad it all went smoothly for you. CBx

SkintyMcFlinty

Okay. So, although the hearing went okay the 'return of the keys' isn't that cut and dry it would appear. I rang the mortgage lender this morning to ask where to send the keys back to and they informed me I would have to sign a voluntary surrender form in order to do so. I duly told them I would not be signing the form as advised by CCCS. They tried to convince me that it was standard procedure and that, once the property was sold, any shortfall would become unsecured and therefore, be included in br. So, I'm all in a coffuzzle now - I'm not going to sign the form though. I told the mortgage people I'd ring the CCCS to double check which I will do, but I'm not signing the form.

So, it looks as though this is what will happen - excuse the terminology! I do not hand keys back. An eviction order is applied for at some point (anyone any ideas how long this takes?) and then a warrant of entry granted. If it gets to this point will I be liable for the expense of a locksmith, court costs and any associated legal costs? (tears hair out) Argh! I really wanted this bit to be behind me in 2009. Nevermind.

As always your feedback is much appreciated and valued

FYP - yes, I did feel better for going. I felt more in control and totally aware of what was happening rather than waiting at home for something to arrive in the post.

deedee_3

All the associated fees etc. will fall under your bankruptcy so don't panic.

Can't answer on timescales etc. but some one will be along soon who will be able to help.

fiveyearplan

I had the same problem with my car although I do realise a house is a much bigger problem. I refused to sign the papers they wanted me to in order to surrender the car so I went to court and gave it back that way. I too was glad I went to court and not waited for something to drop in the post.

LilyBart

Skinty,
Deedee's right, the shortfall and all associated fees will be part of the bankruptcy. They're trying it on, and will continue to try it on, because that's what they do. If you get any communication/bills from them, just send them on to your OR. I don't know what the timescale will be - we'd already moved out before it got this far - but you could simply take matters into your own hands and send them the keys (by posh post) with a covering letter repeating that it is your understanding that any shortfall or costs associated with the sale of the property will form part of your bankruptcy and ask them to direct any further communication to your OR. (Include contact details.) I suppose that in cases like this, they will be hoping that a debtor might slip up or lose confidence and sign what they send, just to make them go away. But stand your ground and do NOT sign any forms.
Lily

ps They will change the locks anyway, but returning the keys is part of the ritual.