Repossession Help

philuk_2

Hi Folks,

I'm trying to help a friend here but I'm stumped. He was made redundant 5 months ago, couldn't afford mortgage, etc. Then lender has applied for a Court date to gain a Possession Order. All fine so far. He thought it would take them a month or so to get a hearing date and in the meantime he would have time to raise some money by selling a car and looking for another full time job (he's temping at the moment).

However he has received a hearing letter from the Court and solicitors today for a hearing on Tues 16th March. That seems a bit quick! Whilst he does owe the money is it reasonable to give him a hearing date at such short notice? If he attends he's not sure how his temp work employers will react and stands to lose a days money too - something which he can ill afford.

Any advice?

skylight

Well, if he does not attend then a judgement will be made anyway and may not be what he wants (which could be either way).

Is he bothered though? Does he want them to repossess?

philuk_2

Thanks skylight,

He will attend, and intends to fight it and try and pay what he can on the Monday. He thinks that he can sell his car fairly soon and also work as many hours as he can to try and clear the arrears.

skylight

That's great. As long as he is making obvious moves to prevent a repossession then the judge will hopefully be sympathetic. Of course though, these court costs will be added to his mortgage/bill....

philuk_2

Obviously we were both surprised at how quickly the hearing date is. He owes around £3k, can probably sell his car for £5k and is working 7 days a week to raise as much money as possible.

I just thought it was strange that the solicitors for the Claimant issued the Court hearing documents as "Due to an error with the Court systems we have been requested to forward these documents to you." Also the Court and the Solicitors sent everything by 2nd class post which hasn't helped.

CCCS_Sarah

philuk wrote: »

Obviously we were both surprised at how quickly the hearing date is. He owes around £3k, can probably sell his car for £5k and is working 7 days a week to raise as much money as possible.

I just thought it was strange that the solicitors for the Claimant issued the Court hearing documents as "Due to an error with the Court systems we have been requested to forward these documents to you." Also the Court and the Solicitors sent everything by 2nd class post which hasn't helped.

Hello,

I would recommend that your friend calls the CCCS and let them know that he has a hearing and let them know how soon it is. We have a specialist mortgage counselling team. They will be able to help him put together a detailed budget and talk through the process and what to take to court etc.

If he would like an appointment, he would need to call 0800 138 1111.

Sarah

Mickyfinn

Hi Phil,

There are some useful links here (one to an N244 form - Used to suspend a notice of possession) and other useful links. I have successfully defended repossession claims in Birmingham (I am not a Solicitor but a Property Consultant) and learned some valuable lessons in the process. Take all copies of court submitted documentation with you as the court seems to lose documents very easily.

If your friend doesn't want to appear he could pay the arrears and make the payments current. I assume he doesn't have the means for this so will have to attend - read the documentation on these pages fully. He needs to call his lender and find out exactly why they are seeking possession and request a payment plan - as you will see on these pages the payments do not need to be that great or over a short period of time. Hopefully he's writing down everyone's name he's speaking to and what they say plus dates and times.

This isn't my website but I know the owner and he has saved a great number of people from repossession and really knows his stuff.

Unfortunately Citizens Advice offered to many of the people I have dealt with was poor advice - not had feedback on CCCS. Bringing a budget with him showing what he can afford to pay will help. Suit and tie are essential.

If you need any further advice either call Phil Martin - who owns the website (is everyone called Phil?) or me. But definitely get advice from CCCS and Citizens Advice too.

Time is not your friend. You friend must get on top of this. In court the best prepared party is often the one who wins.

Best of luck,

Phil