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Repossession order - Help!
Comments
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SquatNow,
she usually hands over any post in his name, but opened this one because it was addressed to the occupier.
I also suspect that he has it on a OO mortgage, he's been fiddling around with the council tax etc as though he lives there instead of letting her just sort it herself.0 -
!!!!!! - theres no chance of her paying any additional rent, she's struggling to give him his £400.0
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A few points all prefixed by the usual IMHO, IANAL etc. etc.
You can start repossession proceedings for the borrower being 2 month in arrears. Most mainstream lenders will go through a whole set of processes before they actually repossess the average OO. The more "sub-prime" (again very much IMHO) the more likely they are to act quicker. (The local "Stockport and District Hatmakers and Brewers Building Society" is, one, signed up to the CML and BSA guidelines and two, has an eye on its local image and community roots. Unlike the "International Lenders to Anyone Global Inc")
The tenant got a letter to "The Occupier" because the courts do that. It's just to make sure anyone who may be affected gets notice of the court hearing.
The most important thing now is to get in touch with the court. Because anyone else can say anything.Unless the court tells you the case is dropped or suspended or similar (can't remember the legal technical words, but the court officers should explain them if you ask) then don't believe anyone that the hearing isn't happening and go to it. You will then at least have the chance to explain the situation to the judge and get some time to get out. Worst case scenario is no one turns up except the mortgagor, they think the place is empty and the judge gives them possession in 7 days.
One more point. If the process has already got to the point that the mortgagor has a possession order but the landlord's payment means that it is suspended, the mortgagor keeps hold of the suspended possession order (it's cheaper). If he screws up again they are back in court asking for the suspension to be lifted and the order enforced (plus he now looks like a serial non-payer) so it's a lot harder to get out of second time around and the process may go a bit quicker.A house isn't a home without a cat.
Those are my principles. If you don't like them, I have others.
I have writer's block - I can't begin to tell you about it.
You told me again you preferred handsome men but for me you would make an exception.
It's a recession when your neighbour loses his job; it's a depression when you lose yours.0 -
If it's got to this point, then I'd want to see a copy of the mortgage document to see exactly where I stand. If the place is on an OO mortgage with no covering letter giving permission to rent then I'd not be paying rent until I had my deposit back in full or was convinced it was properly protected (regardless of whether it is required to be by law).
If the mortgage is BTL or permission is in place then your mate has some rights so should continue to pay but consider looking for somewhere new to rent.
All IMO of course.0 -
OP should get written confirmation from l/l to say monies now received, and send this to wherever the repo order came from- though i would have thought the l/l needs to apprve such actions, and would/should check monies first?Long time away from MSE, been dealing real life stuff..
Sometimes seen lurking on the compers forum :-)0 -
i think your friend should start looking for alternative acomadation sooner rather than later.. the landlord seems to be in trouble with his finances and unfortunatly its the tennants that could end up homeless. for a bank to send the letter 'to the occupier' they will have been sending letters to the landlord for quite some time which have been handed on to him no doubt, or he has had letters at his home address whichever way he ignored letters and done nothing. i would not trust him at all!! i worry that the op's friend could be homeless quite soon!Dogs return to eat their vomit, just as fools repeat their foolishness. There is no more hope for a fool than for someone who says, "i am really clever!"0
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Please read my post. Whatever anyone says the only thing that counts is what the court says. What use is the above? The landlord says "oh yeah it's all sorted now" only for the tenant to find that he hadn't sorted it and the place gets repossessed. Also why should it be the tenant's job to send the info to "wherever the repo order came from"?brightonman123 wrote: »OP should get written confirmation from l/l to say monies now received, and send this to wherever the repo order came from- though i would have thought the l/l needs to apprve such actions, and would/should check monies first?
It won't be the bank, it will be the court.sillyvixen wrote: »....for a bank to send the letter 'to the occupier'....A house isn't a home without a cat.
Those are my principles. If you don't like them, I have others.
I have writer's block - I can't begin to tell you about it.
You told me again you preferred handsome men but for me you would make an exception.
It's a recession when your neighbour loses his job; it's a depression when you lose yours.0 -
BobProperty wrote: »The most important thing now is to get in touch with the court. Because anyone else can say anything.Unless the court tells you the case is dropped or suspended or similar (can't remember the legal technical words, but the court officers should explain them if you ask) then don't believe anyone that the hearing isn't happening and go to it.
"Adjourned", is the word I think you are after?...much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.0 -
Your friend needs to start looking for alternative accommodation quickly - the LL sounds like a right numpty.poppy100
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:rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl:neverdespairgirl wrote: »"Adjourned", is the word I think you are after?Dogs return to eat their vomit, just as fools repeat their foolishness. There is no more hope for a fool than for someone who says, "i am really clever!"0
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