Repo court order from NR

Hiya, long time since been on here (well long considering I was on here every day!).

We are doing vol repo after going BR on 4th Nov. OR have told all creditors etc. We sent back our flat keys with a letter to NR to say we were doing vol repo etc. They sent through some forms which I didn't complete as I gather on here we shouldn't be signing anything after BR else we will be responsible for the shortfall etc. But Nr have now sent through a letter with a court date for 23rd Jan to repossess our flat as they said they are going for repo because we haven't completed the correct forms they won't accept vol repo.

Anyway my question is a) - Do we have to appear at court on this date if we are giving up the flat anyway?
b) they have sent trough another copy of the forms saying if I complete them and send them back to them asap they will cancel the court date and go through vol repo which is easier from their point of view. He said that the part where it explains about the shortfall etc we can put a line through and ignore as we have gone BR we won't be liable - is he lieing?
:-)

Comments

  • fermi
    fermi Posts: 40,546
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    beardc02 wrote: »
    But Nr have now sent through a letter with a court date for 23rd Jan to repossess our flat as they said they are going for repo because we haven't completed the correct forms they won't accept vol repo.

    All they actually need is authorisation from you in writing.

    They have that.

    Refusing to repo as you haven't filled in their 'forms' is just being deliberately awkward/obstructive.

    Typical for NR though. rolleyes.gif


    beardc02 wrote: »
    Anyway my question is a) - Do we have to appear at court on this date if we are giving up the flat anyway?

    You don't have to.

    But at least write to the court saying that you are happy for it to go ahead, pointing out your bankruptcy and that any shortfall/arrears is covered.
    beardc02 wrote: »
    b) they have sent trough another copy of the forms saying if I complete them and send them back to them asap they will cancel the court date and go through vol repo which is easier from their point of view. He said that the part where it explains about the shortfall etc we can put a line through and ignore as we have gone BR we won't be liable - is he lieing?
    :-)

    It would probably be OK. But personally, I wouldn't put a signature to anything. As said, it's not necessary, so you have to question their motives?
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Falze
    Falze Posts: 872 Forumite
    I didn't attend, just advised the court i was not contesting.

    I was able to do this on-line on the https://www.possessionclaim.gov.uk/pcol/ website (if you have you detail).

    This site will also give you all the info/copies of warrant for possession and order of possession

    Best of Luck
    I'm no expert, but i'll give you my opinion, my support and my experience. Its all i have.


    Delcared BR 28th May'10 - Married 30th April'11 - Auto Discharged 28th May'11 - Life Changing
  • fermi
    fermi Posts: 40,546
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    Falze wrote: »
    I didn't attend, just advised the court i was not contesting.

    I was able to do this on-line on the https://www.possessionclaim.gov.uk/pcol/ website (if you have you detail).

    This site will also give you all the info/copies of warrant for possession and order of possession

    Best of Luck

    I keep meaning to add that link to the stickies. :o

    Thanks for the reminder. :)
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • beardc02 wrote: »
    Anyway my question is a) - Do we have to appear at court on this date if we are giving up the flat anyway?
    b) they have sent trough another copy of the forms saying if I complete them and send them back to them asap they will cancel the court date and go through vol repo which is easier from their point of view. He said that the part where it explains about the shortfall etc we can put a line through and ignore as we have gone BR we won't be liable - is he lieing?
    :-)

    (a) You don't have to attend, respond or anything. (b) he might be lying - don't chance it.

    I had a number of conversations with NR about our house that we had already moved out of. And they sent numerous forms - thanks to the good advice on this forum, I just put it in a file for future reference if needed, but never signed anything for them. There have been numerous posts here when NR appear to have attempted to trick people into signing documents that could render them liable to the shortfall after BR. If you want to respond at all, do as suggested above (respond online). I think I just phone NR's solicitors and told them I wouldn't be responding.
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