At last.....Nram. Repo and court date.

Grumpy_Shunter

Today 12 months after BR, we received a repossession order and court date for our surrendered property.

Now, after reading heaps of information on here re Nram and Voluntarily surrendering the property, I'm needing some more help from the great team we have on here.

First off - do I have to attend the court hearing? I don't mind but wifey will be a bag of nerves. I think she has been through enough without having to go to court as well. Will it be frowned upon by Mr Judge that I didn't bother to turn up or will it speed up his decision to reposess or not.

Secondly, there's a defence form to fill in and send back to the courts. Do I bother or just let them get on with it. On it it states the reason for non-payments is an accident at work and a sustained (8 months) off work recovery period.

I also notice there's bits and pieces about £100 court fees etc, that I have to pay! really? will that fall into the BR?

Ok, lasty. There's a secure loan on the house - I think I'm right in saying that this will change to unsecured once the house is repossessed and therefore will also fall into the BR?

Ooohh, Im worried and relieved at the final BR hurdle now nearing an end.

Any advice will be very helpful.

Thank you.


Grumps

National_Debtline

Hi Grumpy, answers in bold below

Grumpy_Shunter wrote: »

Today 12 months after BR, we received a repossession order and court date for our surrendered property.

Now, after reading heaps of information on here re Nram and Voluntarily surrendering the property, I'm needing some more help from the great team we have on here.

First off - do I have to attend the court hearing? I don't mind but wifey will be a bag of nerves. I think she has been through enough without having to go to court as well. Will it be frowned upon by Mr Judge that I didn't bother to turn up or will it speed up his decision to reposess or not.

No you don't have to attend. It's a civil hearing and what the district judge thinks of your non-attendance is irrelevant so don't worry about it.

Secondly, there's a defence form to fill in and send back to the courts. Do I bother or just let them get on with it. On it it states the reason for non-payments is an accident at work and a sustained (8 months) off work recovery period.

As per above answer, there's no point in you completing this paperwork as the outcome will be the same either way.

I also notice there's bits and pieces about £100 court fees etc, that I have to pay! really? will that fall into the BR?

Yes.

Ok, lasty. There's a secure loan on the house - I think I'm right in saying that this will change to unsecured once the house is repossessed and therefore will also fall into the BR?

Spot on, exactly as you say.

Ooohh, Im worried and relieved at the final BR hurdle now nearing an end.

More to be relieved about than worried I would say - it sounds as if you have accomplished the hardest part already. Good luck from here!

Dennis @NDL

Any advice will be very helpful.

Thank you.


Grumps

Grumpy_Shunter

Thank you very much for your advice. Because we have been through so much stress and heartache through BR and losing the house, car etc - we have decided that neither of us will attend.

Just one more question, if I may. Will Nram officially own the property from the date of the court hearing, i.e December 10th? or will there be more news/letters/things to do/ballsing about to come? or is that it?

Thank you.

Find_The_Real

Congratulations on finally getting a date from them! Most of the answers have been pretty much covered. I did attend as I wanted to but the whole process takes less than 10 minutes whether you are there or not. If you wanted to write a letter to the court to explain you are not attending you can do so if you wish but no need to fill in any forms and all costs fall into your bankruptcy.

Once the court repossesses you should receive the court repossession documents, this is handy for sending a copy for any council tax liability removal. However they may not gain physical access to the property immediately if they decide they want to go via the bailiff route (that took a further 7 weeks) but as they now have court possession they will be adding their own insurance costs to the nice little total anyway.

I didn't go BR first so not sure what else NRAM will send and you may still get the 'even though we have repossessed your home we still want to help you letters and phone calls'. They may also send letters from AMG telling you they are managing the property, then when sold I also got the price it was sold for and a lovely breakdown of every cost charged for the repossession process (£1.80 per paint pot removed!) I also got a letter looking for my whereabouts even though they knew exactly where I was and don't assume that anyone knows what any other department is doing. Any interesting demands for money just pass to your OR.

However as they have gone very quiet now I am in a IVA you may not get the reams of paperwork I did as you are already BR why hey this is NRAM!

Grumpy_Shunter

Thank you FTR.

Nram, well what can you say. Perhaps not the brightest bunch are they!!

I still get letter from them telling me 'it seems you are a couple of months in arrears'!! I haven't lived there or paid any thing for 12 months!! On the same day I will get a phone call from them threatening to repossess!!:rotfl:

I have re-read you kind reply, and although it looks like you have answered my question of 'Is the house officially repossessed on the day of the court hearing', can you confirm if this is the case.

Thank you.

Find_The_Real

The order for possession is given on the day of the court hearing and dated for that day on the official documents. It may take a week or so for the official document (just one page of it!) to be sent to you though. I cancelled the house insurance and sent a copy when I received it to the local council to confirm I was definitely no longer liable from this date and even though the bailiffs had not gained possession they accepted the repossession date as the end of any liability for me on the property (although I hadn't lived there for a year and I was not listed as liable anyway as the ex was, I really wanted to make sure!)

The order itself is pretty underwhelming, after all the time it takes for the repo process to go through, you kind of want it to be a more impressive than it actually is!

There is a bit of legal jargon about being liable but it is a standard form they use as it will all fall in your BR, and the same with any other secured loan on it (hope it is not First Plus as they can be just as interesting).

Grumpy_Shunter

Thank you FTR. Most helpful. Roll on December 10th.

Find_The_Real

No problem, I can still remember what it feels like pre repo even though it is now over 10 months ago!

It will be fine and I found it was a major point of closure in order to be able to move on from what had been a stressful time, so best wishes for the future GS.

dancingfairy

Just don't sign anything!!! You must make sure you don't become liable for the mortgage again and any shortfall. Do not sign anything they send you. They may try and 'persuade' you, that you have to sign permission over to them but you should not do this. They do not need you to sign anything.
df

National_Debtline

dancingfairy wrote: »

Just don't sign anything!!! You must make sure you don't become liable for the mortgage again and any shortfall. Do not sign anything they send you. They may try and 'persuade' you, that you have to sign permission over to them but you should not do this. They do not need you to sign anything.
df

Echo this. Especially anything called a "deed of acknowledgement" or similar. Simple rule here as DF says is to sign NOTHING.

Dennis @NDL

Wayforward

Wow that took some time ! looks like ive got a long wait for NRAM to take my old place back!

In regards with all the 'fee's' they apply after repo , who is liable for all these ? do these just all get added to one final balance and fall under the BR ?