Court Citation for Repossesion when in Trust Deed/IVA

princessolipops

Hello,

Hoping someone can help me out here.

I entered into a Trust Deed (Scotland) back in October 2009. Think this is equivalent to the IVA in England.

Anyway, the story goes like this....

I was able to keep my home when i entered this. However, I have since struggled to maintain the property. I had asked the lender (Halifax) for a payment holiday in order to do some maintainence on the property, this was rejected, I then found someone who wanted to private rent so I contacted the halifax to ask permission, they put the interest rate up..so high that I would have to put £100 to the rent each month in order to make to make the mortgage payment. Impossible for me to agree to.

I contacted my trustee who advised to Voluntary surrender the property. this is what I dont and I returned the Keys back on October 2010 (I moved out at this point too) My truestee advised that any shortfall/charges would be included within my trust deed.

The Halifax have since started court proceedings against me and I received a court citation in last week. It states on the citation failure to appear (Aug 2011) may result in the decree being awarded to Halifax. Which is fine as I do not want the property and have secured rented accomodation.

My question is. Do I have to attend court if I have nothing to dispute? The AHlifax have the keys and 4 letter from me advising I have no interest in retaining the property. I have written to the court and the lawyers advising this but I do not want to not appear and I get into more trouble?

I have written to my trustee too, just waiting on a response.

If someone could help me, it would be greatly appreciated!

Thanks x