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what would you do?

those of you who read other boards may know about this. My mum has letter from the solicitors saying a finance company are seeking reposession of her house. She has a super great big head in the sand attitude.
Could she go bankrupt and not lose the house?
Can sis and me get power of attourney, and if we did would it make much of a difference?
http://forums.moneysavingexpert.com/showthread.html?t=43561&page=1&pp=10
there is the original thread, hoping a slightly different audience on here may help.
Member no.1 of the 'I'm not in a clique' group :rotfl:
I have done reading too!
To avoid all evil, to do good,
to purify the mind- that is the
teaching of the Buddhas.
«13

Comments

  • skanger
    skanger Posts: 74 Forumite
    Not really sure - I recomend you browse the following - I think you can get your answer there.

    http://www.home-repo.org
  • Debt_Free_Chick
    Debt_Free_Chick Posts: 13,276 Forumite
    10,000 Posts Combo Breaker
    Sarahsaver wrote:
    those of you who read other boards may know about this. My mum has letter from the solicitors saying a finance company are seeking reposession of her house. She has a super great big head in the sand attitude.
    Could she go bankrupt and not lose the house?
    Can sis and me get power of attourney, and if we did would it make much of a difference?
    http://forums.moneysavingexpert.com/showthread.html?t=43561&page=1&pp=10
    there is the original thread, hoping a slightly different audience on here may help.

    Almost certainly no way of avoiding losing the house if you are made bankrupt. Unless you & your sister could afford to buy out her interest in it.

    What kind of finance is it? Was it secured on the property in the first place - important, as the advice is different depending on whether the finance was secured or unsecured.

    Let us know and we can point you in the right direction
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • Sarahsaver
    Sarahsaver Posts: 8,390 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    it is secured on the house. There are enough people willing to help her out. I think she owes about £8000 but i am not sure because she is so secretive. There is enough land adjoining th eproperty that she could sell it to pay the creditors off, but she says she 'can't' do that, as in has a personal problem with doing so, rather than it being an impossibility.
    Member no.1 of the 'I'm not in a clique' group :rotfl:
    I have done reading too!
    To avoid all evil, to do good,
    to purify the mind- that is the
    teaching of the Buddhas.
  • Debt_Free_Chick
    Debt_Free_Chick Posts: 13,276 Forumite
    10,000 Posts Combo Breaker
    Sarahsaver wrote:
    it is secured on the house. There are enough people willing to help her out. I think she owes about £8000 but i am not sure because she is so secretive. There is enough land adjoining th eproperty that she could sell it to pay the creditors off, but she says she 'can't' do that, as in has a personal problem with doing so, rather than it being an impossibility.

    OK - the "blunt" answer is this. She can take control of the situation and put together a plan that will pay off the debt - help from friends/family, sell off some of the land, cash in any other savings/investments.

    Or she can let the finance company solve the problem, in whatever way they want. Their next step could be for them to apply to the Court for a hearing to put the property on the market! The Court will consider all the circumstances, including those not purely financial e.g. is this a family home? Are others affected? It's unusual for the Court to agree to a creditor putting the house on the market, but another thread shows how another creditor took extreme action and the Court agreed - much to my surprise! Creditors have a sneaky way of playing the Courts by their own rules. To match this, your mum needs specialist advice too.

    Perhaps you could persuade her that her taking control is preferable? If so, the first step is for her to call the National Debtline on 0808 808 4000 - it's a free call.

    HTH
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • jen_jen_2
    jen_jen_2 Posts: 1,032 Forumite
    Burying her head may have worked for years for your mum but it appears to be the time to face up to it.

    She may well be evicted and homeless because she wont let you help her, she seems to have options, make an offer of payment, sell land, borrow money off others etc etc. But to make anykind of offer to court she needs to awknowledge the problem

    I can see you understand this, have you been blunt? Mum where will you live?
    Ready to Go Go!
  • Sarahsaver
    Sarahsaver Posts: 8,390 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I have done that approach and she wasnt very happy, she didnt even want me to know! I said to her 'what will I tell my kids' and she said 'what do you mean' Its as though she thinks shes in a bubble and this only affects her. Im supposed to be going to a wedding in that part of the country in the summer, and my kids are supposed to be staying with her.
    I tried the emotional approach - the fact that the house has all sorts of things inside it from our childhood, photos of dad who died when we were still at school, etc... There will be no concrete proof of where we are from. That didnt work. I'm going to have one last try but i can see this going on and on, I don't really want to give up but as she now totally unfoundedly does not trust myself or my sister I think we are being pushed into a corner and will HAVE to leave her to it:(
    Member no.1 of the 'I'm not in a clique' group :rotfl:
    I have done reading too!
    To avoid all evil, to do good,
    to purify the mind- that is the
    teaching of the Buddhas.
  • Debt_Free_Chick
    Debt_Free_Chick Posts: 13,276 Forumite
    10,000 Posts Combo Breaker
    Sarahsaver

    I do understand. I think your mum is being very proud and, at the same time, is not at all well. Have you thought about printing off this and the other thread and just leaving them around for her? Don't "present" them to her ... just leave them around. Or is that too high risk in view of her health? Have you talked to her GP or any other medical adviser?

    Would she sign over a POA? Sorry, probably covered on the other thread. If she will sign it, then YOU can act on her behalf. If she won't sign it voluntarily, then I think you only option is to have her sectioned ... and her medical advisers may not agree to that.

    How awful. Wish I could think of a way to help :(
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • Sarahsaver
    Sarahsaver Posts: 8,390 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I spose the only way of doing it is me going to suffolk and saying to her 'my way or the highway' She clearly is not in control but maintains that she is. There are people who would be willing to help, even pay her debt off for her but shes convinced that she will get away with paying £100 as she did last week. I have printed a factsheet from the CAB website i was going to send her but she would probably just shove it in the bin.
    Thanks for listening;)
    Member no.1 of the 'I'm not in a clique' group :rotfl:
    I have done reading too!
    To avoid all evil, to do good,
    to purify the mind- that is the
    teaching of the Buddhas.
  • Johnhowell
    Johnhowell Posts: 692 Forumite
    Part of the Furniture 500 Posts
    Sarah,

    If you go the Power of Attorney route make sure it is an Enduring Power of Attorney. This will stay in force if the worst comes to the worst and save you the pain and cost of the Court of Protection. The latest forms can be found at the bottom of:

    http://www.hmso.gov.uk/si/si2001/20010825.htm#sch1

    Good luck,
    John
  • Sarahsaver
    Sarahsaver Posts: 8,390 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    yes but doesnt she have to consent to the EPA? She will not, we have already tried :(
    Member no.1 of the 'I'm not in a clique' group :rotfl:
    I have done reading too!
    To avoid all evil, to do good,
    to purify the mind- that is the
    teaching of the Buddhas.
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