Court Summons?

live'n'learn

Hi i will be going BR sometime in the next while but mean time i have moved out of my home to let it get repossessed and i have now received a letter from the Mortgage lenders solicitor with a court date.

My question is because i am happy to let them take it do i need to contact the court or attend?

If i do not respond does it just go on ahead and the bank takes the house?

j

vax2002

Yes, plus anything else they ADD on top, you should always turn up and defend it and argue any costs added.
The bailiffs could turn you right over in the gap between the court order and bankruptcy

fermi

Normally the best thing to do would be to respond to the forms and/or write to the court to tell them that you are happy for the repossession to go ahead.

Plus attend the hearing if you can spare the time/expense to do so.

If you don't respond at all, then occasionally it seems that a judge might stay/suspend proceedings because of that. Presumably thinking that they are doing you a favour.

Whereas, if on the day the judge has an unequivocal statement from you that you want the repossession to go ahead, then any chance of a mix up like that would be avoided.

fermi

Attending the hearing would also let you put your case for however much time you need to make alternative arrangements.

vax2002 wrote: »

Yes, plus anything else they ADD on top, you should always turn up and defend it and argue any costs added.

If you read the OP's post, they WANT it to go ahead.

vax2002 wrote: »

The bailiffs could turn you right over in the gap between the court order and bankruptcy

You would normally be given at least 28 days notice to leave by the court. Possibly more if there are extenuating circumstances.

Bailiffs don't just turn up and "turn you over" without notice.

live'n'learn

We have already moved out of the house so I am more than happy not to contest the repossession!

As we are going bankrupt anyway I also know that the shortfall and expenses will be covered!

We live in N.Ireland so even if our furniture was still at the house we do not have bailiffs here!

Thanks for all your advice I think I will send the court a letter as I do not want to take time of work to go if I am not contesting it anyway

JustinCredibleGillespie

Hey Live 'n' Learn. I'm also from NI. I just want to give you some reassurance that you'll be fine. You'll be up in front of Master Kelly (She wont be what you would expect).

All hearings with Master Kelly take place on a Thursday in Belfast. Anyway, the main thing is, keep your cool. It'll all be fine.

All the best to you

fermi

livenlearn wrote: »

We have already moved out of the house so I am more than happy not to contest the repossession!

As we are going bankrupt anyway I also know that the shortfall and expenses will be covered!

We live in N.Ireland so even if our furniture was still at the house we do not have bailiffs here!

Thanks for all your advice I think I will send the court a letter as I do not want to take time of work to go if I am not contesting it anyway

I see. That makes it nice and simple.

live'n'learn

JustinCredibleGillespie wrote: »

Hey Live 'n' Learn. I'm also from NI. I just want to give you some reassurance that you'll be fine. You'll be up in front of Master Kelly (She wont be what you would expect).

All hearings with Master Kelly take place on a Thursday in Belfast. Anyway, the main thing is, keep your cool. It'll all be fine.

All the best to you

Hi and many thanks for your words!

Is master Kelly the one who deals with bankruptcy or repossession?

JustinCredibleGillespie

livenlearn wrote: »

Hi and many thanks for your words!

Is master Kelly the one who deals with bankruptcy or repossession?

Master Kelly is the judge who will declare you BR and then the OR will get involved to deal with the repossession. Yours may be dealt with quite quickly as you have assets.

When I left Court on the 8th Sept, I rec'd a phonecall from the OR (Jenny) and she asked me a few questions and said she had some forms to send out to me. I rec'd the forms, filled everything in, ret'd bank statements etc and I have heard nothing since. No news is good news I hope

JCG

xx

live'n'learn

JustinCredibleGillespie wrote: »

Master Kelly is the judge who will declare you BR and then the OR will get involved to deal with the repossession. Yours may be dealt with quite quickly as you have assets.

When I left Court on the 8th Sept, I rec'd a phonecall from the OR (Jenny) and she asked me a few questions and said she had some forms to send out to me. I rec'd the forms, filled everything in, ret'd bank statements etc and I have heard nothing since. No news is good news I hope

JCG

xx

Did you end up paying any money for 3 years with having surplus or did it work out ok?

JustinCredibleGillespie

See this is the thing. She rec'd all my documents, bank statements, vehicle exemption form and a few other bits n bobs that she sent out for me to sign & return. That was last Monday (I sent it recorded). I haven't heard a thing back from her. Not even a phonecall to acknowledge receipt of the forms. (I suppose they have better things to do)

Apparently (as per CAB), they are quite lenient here with regards to IPA's. My surplus was about £40, so we'll see what she says. TBH I've just put it out of head until I get the phonecall. There is nothing I can do til then.