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House repossession hearing

2

Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    The court forms have arrived, do I have to complete them, or as I'm happy for repossession just leave it.

    Think the standard advice is to write to the court stating that you do not oppose the repossession? Then obviously go on the day as you planned.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Hi,
    Such costs are a 'Contingent Liability' meaning a debt based upon something else - in this case, a debt based upon the original bankruptcy debt of the mortgage/possession/shortfall.
    I don't doubt however, that the odd creditor wouldn't try it on.
    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
  • Thanks all :)
  • Cobalt77
    Cobalt77 Posts: 238 Forumite
    Brilliant - that's good news, and for once it's great to be wrong :)

    I may well have either got confused (in my old age, lol) or perhaps have seen a "non authority" post somewhere else on the internet.

    But it just reinforces the value of this forum, and the considerable expertise from people like Fermi and DD.

    Thanks guys, and good luck Mollie :)
  • Thanks guys. I'm going to consult my solicitor as suggested and turn up on the day. I'll let you all know how it goes.
  • Hi Fermi

    Solicitor has advised, as you did, to write to the court stating that I surrendered possession in 2014 and clearly have no objection to the Order of Possession sought. It is not necessary to attend, although my inquisitive nature wants to.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Not necessary, but if me I would want to see it done and dusted in person.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Hi All

    Due to work commitments, I didn't go yesterday, so now just waiting to hear the outcome. At least now if the BS chase me for money I can point them in the direction of the BR.
    Does anyone know if the outcome is posted on the posessionclaim.gov.uk site?
  • Possession was granted to the building society forthwith, and there was a judgement on amounts outstanding, but that doesn't affect me. I assume I should pass any correspondence I may receive chasing monies to the OR?

    That pretty much ties up all the loose ends now. I can't thank this board enough for its help and I will be around helping others, where I can, and where I am sure of my facts!
  • Update: BS rang today to confirm that they will be taking possession in the next few days and would be marketing the property. They will contact me about repayment of any shortfall. I explained (for the umpteenth time) that I was BR and my liability for any shortfall had been erased by the bankruptcy.
    As usual you detect a complete lack of understanding of the BR process and this was someone from the legal department.
    Next time they call or write, I presume I should just point them in the direction of the OR?
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