Repossession

mike_L

I'm in court this Wednesday to have my flat repossesed. How usual is it for immediate repossion to be granted? The building soc' haven't stated in any of their letters that they want immediate repossession.

I'm not fighting the repossession but I have asked for one months notice to quit in order to arrange my affairs.

From what research I've done I'm think I'm pretty safe in asssuming that the one months notice will be granted. I've done nothing as far as I know to allow immediate repossession.

I've sent off the forms stating that 'immediate repossession' will cause extreme hardship and will also be in court in person to ask for the one months notice.

Any shortfall in the mortgage will go into my BR. The flat is in negative equity at present so there will be a shortfall.

fiveyearplan

I'm not really sure but it is up to the courts to decide and if you are there in person and can speak up for yourself you probably will get the 30 days.

mike_L

It specifically asks on the court documents if you would suffer 'extreme hardship' if immediate repossession was granted. To which I said yes.

Even if I didn't turn up in court I reckon I'd probably get one months notice. I know they received my papers as I sent them recorded delivery and receipt was acknowledged.

I understand the solicitor representing the building soc' will try to speak to me to briefly discuss the case which I'm ok with.

I'll ask if he/she is happy to go along with my one months notice request and if so then I'll give no opposition to the repossession, if not then I'll say I'm considering making a commitmenmt to resume payments having just found a job (which is true) but that we may end up in court again (nudge nudge wink wink) leading to more time consumimg agro for them.

payingtheprice

Hi Mike,

I had to go to court this week for our repossession. i think the standard is 28 days but you can request 56 days if you have no where to go.

WHen you arrive at the court ask to see the CAB person that should be on duty there. Even if you are running late, you need to speak to him/her first, they will delay your hearing until you have spoken to them. After you have spoken to them they will approach the rep from your building society and tell them that you are going to request 56 days. At this point the rep will go and ring head office to see if they will accept this. Luckily for us ours was accepted, hopefully yours will be too. Also, ask the CAB rep to come in the hearing with you and you will not even have to speak as the CAB rep will do it all for you.

I was really nervous when i attended, but really its not that bad (apart from the fact that you are losing your home). You need to make sure you tell the court clerk that you want to speak to the CAB rep and you should be ok and hopefully youll get the 56 days to give you a little more time. Im almost sure that the CAB reps are available in all repossosion cases.

Hope all goes well for you.

PP

mike_L

Cheers. Didn't know about the 56 days thing at all thought one month was tha max', also didn't know that there was normally a CAB person at any court.

Thanks, I'll try for the 56 days and search out the CAB person if there's one there.

PINTACIDER

Hi Mike , we had our home repo hearing last Oct and was given 28 days to leave , i wrote a letter to the solicitor stating that we had no-where to go and could they ask for us to stay until Jan 09 . This was duly granted however a place came up early and we moved , however the house is still empty no-one has touched it and i still get calls regarding the property from the mortg co asking me to sign the forms re shortfall . . DO NOT SIGN ANYTHING !!. THEY DONT LIKE IT BUT TOUGH ! also they asked me to send a letter in explaining the reason why but was told to sign it properly at the end . . . i dont think so!!. to sum up dont worry too much if they only give you 28 days you may be able to do the same as we did , good luck in all of it anyway Kind regards .

mike_L

Thanks.

I know all about 'not signing' anything they send you. I intend not to sign anything ever!

fatbelly

Hi Mike

All good advice so far. I'm one of those CAB people who do court desk work on possession days.

What you also need to know is that (28 or 56 days) you do not have to leave as soon as that period is up.

The lender has to apply for a warrant to evict and that normally takes around three weeks but can be much much longer - it just depends when they get around to it.

I had a couple who decided they would stay till the end and they were still there six months after the court hearing!