Need urgent advice regarding a court appearance

Thrugelmir

You missed this piece of information from this post, which you posted previously.

The reason for the remortgage / joint mortgage was to release 50k of equity in the house to go into a small venture,

wockawocka

I didn't find that relevant hence ommitting it.

Is it?

newrecruit

The fact that your girl friend's mother is making effort puts her and your girlfriend in a strong position (even if she is paying 10 pounds a month), so there is no need to feel compromised. Also the fact that mortgage company has gone to the bailiffs before the court case indicates that they are fearing that the court will rule in your girl friends' mother's favour. Court will always look at what is affordable, not what the mortgage company wants.
Here is what you need to do.
RE: Daily nuisance calls
Call your local police and lodge a complaint of nuisance calls and get Crime Desk ref no. Then call the mortgage company, remind them that the court case is due soon, and that you have lodged a complaint with the police. Quote them the crime desk no. and threaten the mortgage company that you will lodge further complaints to Financial Ombudsman Service unless they stop the daily calls.
RE: Bailiffs.
There is no need to employ a solicitor. What you do is this. Firstly you must know that unless the court has granted the repossession of the propert and they do have the court documents (Repossession Order) (but not from the one which tyhe judge has over ruled), bailiffs CANNOT take the keys away.
You cannot physicall stop the bailiffs from coming, so what you need to do is the following. (1) Find out when the bailiffs are coming (mortgage company is obliged to tell you), and make sure all your windows and doors are closed on the day, and even the bailiffs harrass you for several hours, do NOT open the door to them.
If you need to talk with the, talk through the doors or via telephone. YOU MUST NOT GIVE IN. Before they arrive, move the car out of sight, and keep the curtains closed, so they cannot make any list of the personal belongings.
(2) BEFORE they arrive, contact your local police. Police will give you the crime desk reference number and will request the bailiffs to contact them so that they can be present when the bailiffs come. Police will require the bailiffs to show them the necessary court documents. Don't worry, since the bailiffs do not have the court documents needed, the police will be on your side. What you need to do is then obtain the contact number of the bailliffs from your mortgage company (or if you were not in when they cam they will leave their phone number) and you calmly ask the bailiffs to contact the police explaining that the police has asked you to tell them.
Often, bailiffs will try to intimidate you, but also they will refuse to call the police because they know what they are doing is illegal, and consequently back down and go away.
(3) It may be also be usesful to obtain the name of the baillifs (the mortgage company is obliged to inform you of this normally), so that you can contact consumer direct or look up in the internet and find out who is the regulatory body of the baillf company is. This is so that, if you ever get any threats or harassment from the bailiffs, you can respond by telling them that you will lodge a complaint with their regulators if they continue.
RE: Court case
The court will simply decide what is affordable for your girl firend's mother to pay. What you need to do before the court hearing is this. sit down with your girlfriend and her mother and decide what is affordable. even if it is 10 pounds per month that is OK. What you need to do then is to prepare personal budget sheet listing all the income (benefits for your girlfriend's mother I assume) and balance that with all the outgoings.It is worthwhile contacting National Debt line and ask them to send their booklet to help you to do this (or I can help you, don't worry I am not from Debt Management Company). I am assumig that you live your girlfrined right? then the repayment responsibility will eventually fall on you as well. What you need to do then is to do the budget sheets for you, your girlfriend and her monther, just to prove to the court that you have no financial means to pay other than say 10 pounds per month you have decided upon. Mre you make your life situation doom and gloom the better to make your plea.
You also have to arrive at the reason why you need to keep the house. (its better to keep the house and wait than sell it at a loss). Come up with some sentimemntal reason that will sway the judge.You then have to come up with a strong case as to why your girl friend's mothe have fell behind in payment and why you were unable to help her.
Once you have these in place, you should not need legal repreasentative, but if you wish you can get one through legal aid at the court. Just go to the court 2 hours or so ear;y and askt the clerk to get you a solicitor, if not look around for legal aid solicitor locally.
I hope all this helps. I have been through similar situation so I know. If you need further help drop me a message
GOOD LUCK

Radiantsoul

newrecruit wrote: »

The fact that your girl friend's mother is making effort puts her and your girlfriend in a strong position (even if she is paying 10 pounds a month), so there is no need to feel compromised. Also the fact that mortgage company has gone to the bailiffs before the court case indicates that they are fearing that the court will rule in your girl friends' mother's favour. Court will always look at what is affordable, not what the mortgage company wants.
Here is what you need to do.
RE: Daily nuisance calls
Call your local police and lodge a complaint of nuisance calls and get Crime Desk ref no. Then call the mortgage company, remind them that the court case is due soon, and that you have lodged a complaint with the police. Quote them the crime desk no. and threaten the mortgage company that you will lodge further complaints to Financial Ombudsman Service unless they stop the daily calls.
RE: Bailiffs.
There is no need to employ a solicitor. What you do is this. Firstly you must know that unless the court has granted the repossession of the propert and they do have the court documents (Repossession Order) (but not from the one which tyhe judge has over ruled), bailiffs CANNOT take the keys away.
You cannot physicall stop the bailiffs from coming, so what you need to do is the following. (1) Find out when the bailiffs are coming (mortgage company is obliged to tell you), and make sure all your windows and doors are closed on the day, and even the bailiffs harrass you for several hours, do NOT open the door to them.
If you need to talk with the, talk through the doors or via telephone. YOU MUST NOT GIVE IN. Before they arrive, move the car out of sight, and keep the curtains closed, so they cannot make any list of the personal belongings.
(2) BEFORE they arrive, contact your local police. Police will give you the crime desk reference number and will request the bailiffs to contact them so that they can be present when the bailiffs come. Police will require the bailiffs to show them the necessary court documents. Don't worry, since the bailiffs do not have the court documents needed, the police will be on your side. What you need to do is then obtain the contact number of the bailliffs from your mortgage company (or if you were not in when they cam they will leave their phone number) and you calmly ask the bailiffs to contact the police explaining that the police has asked you to tell them.
Often, bailiffs will try to intimidate you, but also they will refuse to call the police because they know what they are doing is illegal, and consequently back down and go away.
(3) It may be also be usesful to obtain the name of the baillifs (the mortgage company is obliged to inform you of this normally), so that you can contact consumer direct or look up in the internet and find out who is the regulatory body of the baillf company is. This is so that, if you ever get any threats or harassment from the bailiffs, you can respond by telling them that you will lodge a complaint with their regulators if they continue.
RE: Court case
The court will simply decide what is affordable for your girl firend's mother to pay. What you need to do before the court hearing is this. sit down with your girlfriend and her mother and decide what is affordable. even if it is 10 pounds per month that is OK. What you need to do then is to prepare personal budget sheet listing all the income (benefits for your girlfriend's mother I assume) and balance that with all the outgoings.It is worthwhile contacting National Debt line and ask them to send their booklet to help you to do this (or I can help you, don't worry I am not from Debt Management Company). I am assumig that you live your girlfrined right? then the repayment responsibility will eventually fall on you as well. What you need to do then is to do the budget sheets for you, your girlfriend and her monther, just to prove to the court that you have no financial means to pay other than say 10 pounds per month you have decided upon. Mre you make your life situation doom and gloom the better to make your plea.
You also have to arrive at the reason why you need to keep the house. (its better to keep the house and wait than sell it at a loss). Come up with some sentimemntal reason that will sway the judge.You then have to come up with a strong case as to why your girl friend's mothe have fell behind in payment and why you were unable to help her.
Once you have these in place, you should not need legal repreasentative, but if you wish you can get one through legal aid at the court. Just go to the court 2 hours or so ear;y and askt the clerk to get you a solicitor, if not look around for legal aid solicitor locally.
I hope all this helps. I have been through similar situation so I know. If you need further help drop me a message
GOOD LUCK

This advise is just wrong. The court has very limited powers not to award possession to the mortgage company. Generally loans need to be repaid within the original term and the court certainly cannot force the mortgage company to in effect speculate on rising house prices. Making token payments is all very well and good but will not adjust the rolled up interest.

Courts can suspend possession orders for a short period of time in cases of hardship. And they will do so if the loan is repaid within the original term. But this is a buy-to-let property and so the court are going to take a pretty dim view of it. It is just a business debt that has gone wrong and the courts do not have a duty or right to protect those who make bad business deals.

wockawocka

The mortgage was not a buy to let one however the mum has got tenants in there and the court are not aware of it. 'Apparently'

FraudBuster

Speculative suppositions without the benefits of all the facts.

dunstonh

The mortgage was not a buy to let one however the mum has got tenants in there and the court are not aware of it. 'Apparently'

Are the lender aware of it?

Also, the court, once aware, is likely to be less sensitive than a residential property. Also, dont assume the court are not aware. The secured property address and correspondence address wont match and lender are bound to mention it in their evidence requesting the possession order.

newrecruit

Radiantsoul wrote: »

This advise is just wrong. The court has very limited powers not to award possession to the mortgage company. Generally loans need to be repaid within the original term and the court certainly cannot force the mortgage company to in effect speculate on rising house prices. Making token payments is all very well and good but will not adjust the rolled up interest.

Courts can suspend possession orders for a short period of time in cases of hardship. And they will do so if the loan is repaid within the original term. But this is a buy-to-let property and so the court are going to take a pretty dim view of it. It is just a business debt that has gone wrong and the courts do not have a duty or right to protect those who make bad business deals.

If you read the original post, Radiantsoul, you will understand what I am talking about. Also you advice is wrong because the property is NOT buy-to-let...the lady simply took on lodgers in her spare room to get extra cash isn't that right wockwocka?
The baillfs sent by the mortgage company is NOT the cour bailiffs ie NOT the bailiffs sent to enforce the reposeession order by the court, am I right wockawocka?
Then my advise here in how to handle the biliffs and the nuisance calls is CORRECT, and you would receive the same advice if you go to Citizens Advice Bureau, Police or any solicitor (except solicitor will try to take you on as a client, make you pay and do nothing much other than write letters - not worth it in my opinion)
What I am trying to advise in relation to the court case is to plead exceptional hardship and ask the court to grant the suspention of reposession as well as come to some arrangement in which you mother to pay what is affordable (it is important for it to be affordable for your mother) to the mortgage company. The court will also look into the financial circumstances of your girlfriend as well as yourself, this is why I have suggested for all of you to prepare the budget sheet (balancing income against outgoings)
The house is her primary residence, so the court should allow her to stay until the house is either sold or she has found an alternative accommodation.
Wockwocka, am I right in assuming that the property is NOT buy-to-let and your girlfirend's mother actually lives in it? Mortgage company better not find out that she has not taken on a rent paying lodger, because that will be a breach of contract and she will have a lot of problems and will give mortgage company the advantage.
I am a bit puzzled as to why court ordered a pensioner to seek work. If this is what she has volunteered to do, then let that be a lesson and NEVER volunteer what is NOT possible in court.
I do agree with Radiantsoul that suspension order is short term and the court and the mortgage company will be keen to seek solution quickly without the need for the matter to come before the court again. Therefore you need to be prepared with a plea and solution before going to the court, and this is only possible if you, your girlfriend and your mother sits down and brainstorm.
Wockawocka, you need to know that the mortgage company has the right to seek the repayment of 10000 pounds or so plus their cancellation fees, admin fees and court and legal fees, which is not covered by the sale of the property. You must also be prepared that even if the house is valued at 150000 you will not get this because of legal fees and stamp duty. Furthermore, because you will be in hurry to sell, you may required to drop the price.
As for the bailiffs, read my post and follow what I say carefully.
The bailiff's job is to intimidate your girlfriend's mother into surrendering the property. She must NOT give in to thier intimidation because she is in the right (bailiffs do not have the court order) just call the police for support.
Good Luck

newrecruit

Wockawocka what was the reason as to why the lady fell behind with mortgage repayments?
Ofcourse she should not count 725 from the tenants because that should not be declared. You say that the mortgage repayment was for 1100 but her pension is 800.
with utility bills and her cost of living being around 500 pounds? she only has 300 pounds or so to pay towards the mortgage (remortgage)!
was your girlfriend paying the rest? (this is how the court will view it) What was her income? was she able to afford 800 pounds per month in repayment? did hewr circumstance change that led to default in repayments?
There should be a payment protection in place when she took out the mortgage. Have a look and seek advice from guys here like dunstonh. They may also be able to come up with better re-mortgage solution.
Requiring a pensioner to pay 1100 seems rather irresponsible for the company. Was the mortgage a sub-prime?

Radiantsoul

newrecruit wrote: »

If you read the original post, Radiantsoul, you will understand what I am talking about. Also you advice is wrong because the property is NOT buy-to-let...the lady simply took on lodgers in her spare room to get extra cash isn't that right wockwocka?
The baillfs sent by the mortgage company is NOT the cour bailiffs ie NOT the bailiffs sent to enforce the reposeession order by the court, am I right wockawocka?
Then my advise here in how to handle the biliffs and the nuisance calls is CORRECT, and you would receive the same advice if you go to Citizens Advice Bureau, Police or any solicitor (except solicitor will try to take you on as a client, make you pay and do nothing much other than write letters - not worth it in my opinion)
What I am trying to advise in relation to the court case is to plead exceptional hardship and ask the court to grant the suspention of reposession as well as come to some arrangement in which you mother to pay what is affordable (it is important for it to be affordable for your mother) to the mortgage company. The court will also look into the financial circumstances of your girlfriend as well as yourself, this is why I have suggested for all of you to prepare the budget sheet (balancing income against outgoings)
The house is her primary residence, so the court should allow her to stay until the house is either sold or she has found an alternative accommodation.
Wockwocka, am I right in assuming that the property is NOT buy-to-let and your girlfirend's mother actually lives in it? Mortgage company better not find out that she has not taken on a rent paying lodger, because that will be a breach of contract and she will have a lot of problems and will give mortgage company the advantage.
I am a bit puzzled as to why court ordered a pensioner to seek work. If this is what she has volunteered to do, then let that be a lesson and NEVER volunteer what is NOT possible in court.
I do agree with Radiantsoul that suspension order is short term and the court and the mortgage company will be keen to seek solution quickly without the need for the matter to come before the court again. Therefore you need to be prepared with a plea and solution before going to the court, and this is only possible if you, your girlfriend and your mother sits down and brainstorm.
Wockawocka, you need to know that the mortgage company has the right to seek the repayment of 10000 pounds or so plus their cancellation fees, admin fees and court and legal fees, which is not covered by the sale of the property. You must also be prepared that even if the house is valued at 150000 you will not get this because of legal fees and stamp duty. Furthermore, because you will be in hurry to sell, you may required to drop the price.
As for the bailiffs, read my post and follow what I say carefully.
The bailiff's job is to intimidate your girlfriend's mother into surrendering the property. She must NOT give in to thier intimidation because she is in the right (bailiffs do not have the court order) just call the police for support.
Good Luck

I understand what you are saying and I think your advise regard the baliff is correct, my concern is that it is the property is BTL and so the advise to try to hold on is incorrect. The OP posted about this last year, the mother lives in a mortgage free property elsewhere it seems(althought the OP seems less certain if the mother's property is really mortgage free in this post).

My source is here http://forums.moneysavingexpert.com/showthread.html?t=740565&highlight=

It strikes me that the mother and girlfriend have lied to the mortgage company and can't afford the place. The likely outcome is that the mortgage company will repossess, will obtain a charging order over the mother's other property or make the pair of them bankrupt. The OP wants to obtain a mortgage with his girlfriend, but that is going to be much harder at the conclusion of this imho.