repossession court date

moneymadman

Hello to all, i am writing on behalf of my parents who have been issued with a court date for repossession hearings on our property....:eek:

We have a 50/50 morgage (half rent half morgage) with the Abbey.

We moved into the property in may 2001 and it has previously gone to a court date in september 2003 where the judge allowed us to stay in the property. Since then i have gone to uni, graduated but my father lost his job. We have no insurance against anything like this happening on our property. We have been issued a court date on the 6th of April for repossession hearings. The total arrears are £3300.

The monthly repayment to the morgage is £380 and £270 to the rent.

I will be in a position to help out my parents finacially as i have a fairly well paid job lined up but it is not to start until September.
What id like to know is:

1) How badly will the judge look upon this being the 2nd time it has gone to court?

2)will the judge accept me offering to contribute to the morgage or will he solely look at my parernts income?

3)if i can raise the £3300 before the court hearing will the hearing still take place and if so can the judge still decide to allow Abbey to take the property even thopugh there are no longer arrears on it?

4) What would you reccomend our best option being if we did avoid repossession? My parents have low income jobs taking home only £1000 between them each month and we have other debts too such as secured loans and other unsecured debt? I have considered suggesting selling but as the property is 50/50 there is not alot of value in this in my opinion as we would just be left with the option of purely renting for a higher price than our morgage.

This is my family home and i will try as hard as i can to save it but im also worried as i will be taking on significant debt in order to do so!

Any thoughts would be greatly appreciated!

stoke_bishop

moneymadman wrote: »

Hello to all, i am writing on behalf of my parents who have been issued with a court date for repossession hearings on our property....:eek:

We have a 50/50 morgage (half rent half morgage) with the Abbey.

We moved into the property in may 2001 and it has previously gone to a court date in september 2003 where the judge allowed us to stay in the property. Since then i have gone to uni, graduated but my father lost his job. We have no insurance against anything like this happening on our property. We have been issued a court date on the 6th of April for repossession hearings. The total arrears are £3300.

The monthly repayment to the morgage is £380 and £270 to the rent.

I will be in a position to help out my parents finacially as i have a fairly well paid job lined up but it is not to start until September.
What id like to know is:

1) How badly will the judge look upon this being the 2nd time it has gone to court?

2)will the judge accept me offering to contribute to the morgage or will he solely look at my parernts income?

3)if i can raise the £3300 before the court hearing will the hearing still take place and if so can the judge still decide to allow Abbey to take the property even thopugh there are no longer arrears on it?

4) What would you reccomend our best option being if we did avoid repossession? My parents have low income jobs taking home only £1000 between them each month and we have other debts too such as secured loans and other unsecured debt? I have considered suggesting selling but as the property is 50/50 there is not alot of value in this in my opinion as we would just be left with the option of purely renting for a higher price than our morgage.

This is my family home and i will try as hard as i can to save it but im also worried as i will be taking on significant debt in order to do so!

Any thoughts would be greatly appreciated!

I'm not an expert here, but can't you just take out a loan (in your name) to pay their arrears. Credit to the tune of 3.5k is easily obtainable.

homer_j_3

If you can clear the debts off in september with the new job then it may be worth while just getting the arrears together and avoiding the court date altogether.

However, you need to look at how the mortgage will be paid going forward, there is no point putting you in debt if its only going to be back here again in 6 months time.

silvercar

I would guess that the previous court visit resulted in a suspended possession order. Now that the lender is going back to court, your parents have to go to court and show the judge that they can come to an arrangement to repay their mortgage. Clearing the arrears before the hearing will certainly help, but defending the repossession is also essential.

Demonstrating that you can make the repayments should help your case, so you should go to court with them if possible.

Voyager2002

And please check that your parents are claiming any state benefits to which they might be entitled. People on low incomes can normally receive Council Tax benefit, and your parents might also be able to get Housing Benefit to cover the rent element of their housing costs. There might also be some form of Tax Credit that they can claim.

Try to find out about benefits before the court hearing. The judge will want to hear a realistic plan for meeting their payments and paying off the arrears, and will need to be convinced that whatever promises are made will actually be kept.