losing house and after...HELP

edsjad

1. The Respondent do file and serve Witness Statement evidence in response to the Applicants’ Application by 4:00pm on 10 November 2011;
2. The Applicant be at liberty to file and serve Witness Statement evidence in response by 4:00pm on 1 December 2011;
3. That the Applicants’ Application be listed for hearing on the first available date thereafter with an estimated length of hearing of 30 minutes;
4. The Applicants’ costs be costs in the Application



And this was the attachment. SHall I just go straight to the OR and miss out the middle man?

debtinfo

What was the hearing originally for, repossession?

Yes you need to ring the or ASAP and start talking to them, you probably need to speak to a solicitor ASAP aswell, whilst they prob won't be able to stop it long run, they should be able to delay to give you time to sort something out

edsjad

debtinfo wrote: »

What was the hearing originally for, repossession?

Yes you need to ring the or ASAP and start talking to them, you probably need to speak to a solicitor ASAP aswell, whilst they prob won't be able to stop it long run, they should be able to delay to give you time to sort something out

thank you so much for taking the time to respond - really really appreciate it. It says 'application for possession and sale of the property'

I suppose a key question for me is how much time really cos i also have to look for a job as no income!! If I talk to the OR directly even on phone maybe that might help?? But also how long does all this go on for after sale of house? And also , in the papers i put forward, should i suggest that i voluntarily give the house back to building socity (i know that 's not the right term can't think of it now)? Then there will be no need to go to court.

silvercar

If the lender or the OR / trustee takes you to court, you can request up to 28 days before repossession is granted in order for you to find somewhere to live. Provided you turned up to court and spoke up, 28 days is quite normal.

In "normal" repossession hearings, if you still failed to move out at the end of 28 days, the lender would then need to go back to court to get baliffs appointed to remove you. In some areas that can take weeks. I think that in bankruptcy cases, the OR could feel you are not co-operating if you awaited bailiffs before moving and this can result in delaying your discharge.

If you hand the keys back (voluntary repossession) you have to move out. The lender can refuse to accept the keys if you don't sign their paperwork accepting liability. It is very important you don't do this if there is any chance of negative equity - or you will be liable for any shortfall - as the repo is after your bankruptcy date. Even though you have a lot of equity, charges can add up and repo's sell cheap, so don't risk it. If you do hand the keys back, the local authority may consider that you made yourself homeless and that they have no obligation to house you.

I'm not sure if the repossession is as a result of the OR/ trustee action or the lender repossessing.

edsjad

silvercar wrote: »

If the lender or the OR / trustee takes you to court, you can request up to 28 days before repossession is granted in order for you to find somewhere to live. Provided you turned up to court and spoke up, 28 days is quite normal.

In "normal" repossession hearings, if you still failed to move out at the end of 28 days, the lender would then need to go back to court to get baliffs appointed to remove you. In some areas that can take weeks. I think that in bankruptcy cases, the OR could feel you are not co-operating if you awaited bailiffs before moving and this can result in delaying your discharge.

If you hand the keys back (voluntary repossession) you have to move out. The lender can refuse to accept the keys if you don't sign their paperwork accepting liability. It is very important you don't do this if there is any chance of negative equity - or you will be liable for any shortfall - as the repo is after your bankruptcy date. Even though you have a lot of equity, charges can add up and repo's sell cheap, so don't risk it. If you do hand the keys back, the local authority may consider that you made yourself homeless and that they have no obligation to house you.

I'm not sure if the repossession is as a result of the OR/ trustee action or the lender repossessing.

thank you for that its' really useful. it isn't for repossession no it's the OR - It says 'application for possession and sale of the property'. But in the applicatioin is says vacant possession within seven days of them sending me a letter.

silvercar

edsjad wrote: »

thank you for that its' really useful. it isn't for repossession no it's the OR - It says 'application for possession and sale of the property'. But in the applicatioin is says vacant possession within seven days of them sending me a letter.

'application for possession and sale of the property'= repossession by the trustee rather than the mortgage lender.

You agreeing to this means that you agree to give them vacant possession within 7 days ie you have to move out and remove your belongings within the 7 days.

If you didn't agree to sign it, then they have to take you to court to get you out. Always a risk, but assuming that the judge grants the possession it is common (if you go to court and plead your case) for judges to grant 28 days. Always a chance that the judge could give you more time to sort things out, now that your health is up to you managing this.

Two things for you to consider:
1. if you wanted to claim homeless status with the council, for them to rehouse you, would you signing the letter contradict this?
2. if you didn't sign, would the OR consider that you have been obstructive and delay your discharge?

I don't know the answer to either.

silvercar

Following our conversation yesterday I have instructions from the Trustee and he is prepared to agree a short adjournment of the hearing which has been listed for 27 October.

I will need you to sign and return the document to me which will then be submitted to the court with a request that the matter be adjourned without the need for attendance by any party on the 27th.

27th October has passed. Did they go to court?

debtinfo

Silvercar, I think you are missing the point a little here, the op,s discharge is already indefinitely suspended as he has not cooperated so far, so what he needs to do first is call the or today and start talking to them

edsjad

debtinfo wrote: »

Silvercar, I think you are missing the point a little here, the op,s discharge is already indefinitely suspended as he has not cooperated so far, so what he needs to do first is call the or today and start talking to them

thanks for your straight talking debtinfo and thank you silvercar. Finding this incredibly difficult. Will do my best to call. I will keep in touch. Please could you also tell me what happens after losing house?

silvercar

debtinfo wrote: »

Silvercar, I think you are missing the point a little here, the op,s discharge is already indefinitely suspended as he has not cooperated so far, so what he needs to do first is call the or today and start talking to them

Not disagreeing, just trying to answer specific questions.