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repossession hearing need help!!

First time poster and i need some help please.

I have a repossession hearing on Tuesday and am really unsure of what to do. We are 2 months in arrears due to our young daughter being in hospital and me having to take unpaid time off from work. Our mortgage company have been kept fully informed but have been unable to help. We decided to sell our house and take out the equity and clear all our debts and mortgage and then rent. Everything was going OK we were suposed to exchange yesterday and the mortgage company said they would suspend the hearing for a month to allow us to complete. we didn't exchange and the only delay was that our mortgage company have not provided a redemption figure despite daily request from our solicitor.

Have no idea what to expect on Tuesday, haven't completed any paperwork as wasn't expecting to go or sought any advice. would apprecaite any help or advice

Comments

  • lowlowlola
    lowlowlola Posts: 116 Forumite
    Sorry i can't help with this but am sure some helpful DFW will be able to

    :A
    bump
  • terryw
    terryw Posts: 4,396
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Forumite
    You need to turn up with your solicitor at the hearing together with proof that the lender is delaying your sale of the property (perhaps for an ulterior motive). I don't think the judge will be best pleased that the court's time is being wasted and he may well have strong words to utter and give a suspended date for possession. Ask for your costs for the hearing.

    terryw
    "If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools"
    Extract from "If" by Rudyard Kipling
  • terryw wrote: »
    You need to turn up with your solicitor at the hearing together with proof that the lender is delaying your sale of the property (perhaps for an ulterior motive). I don't think the judge will be best pleased that the court's time is being wasted and he may well have strong words to utter and give a suspended date for possession. Ask for your costs for the hearing.

    terryw

    whatever you do you must attend and fight your corner. The judge will either suspend or throw the application out. Have you sent the court and the claimant any paperwork you are going to use to fight your case ?
    ONLY COPY WHAT I AM DOING IF YOU ARE 100% SURE AND YOU KNOW EXACTLY WHAT THE END RESULT MAY BE. ALWAYS CONSULT A PROFESSIONAL BEFORE FOLLOWING MY ADVICE. I AM NOT LEGALLY TRAINED . IF WHAT I AM DOING HELPS YOU IN ANY WAY CLICK THE THANKS BUTTON
  • fatbelly
    fatbelly Posts: 24,176
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Forumite
    Ask for an adjournment (56 days). You might only get 28 but most judges would not give a straight possesion order in these cases.

    However, all judges/courts differ slightly.

    You could phone the court and ask if there will be a court desk (CAB or other) operating. If so you could probably have a chat with someone on Monday or before the hearing on Tuesday. If there is one, the person can represent you.

    Remember to take paperwork (solicitors letters carry more weight than estate agents), arrive in good time, dress smartly, be polite, call the judge sir (or maam). It will be very quick, probably 5 minutes, and not as formal as you might think.

    Not completing the court paperwork isn't a bad move as a lot of people fill in the forms badly and just give the other side ammunition. It won't count against you.

    Best of luck.
  • Usually courts have certain days fixed for things like housing on a monday, small claims on a tuesday, fast track on a wednesday,multi track on a thursday and appeals/directions on a friday. So they are bound to have a cab rep there.
    ONLY COPY WHAT I AM DOING IF YOU ARE 100% SURE AND YOU KNOW EXACTLY WHAT THE END RESULT MAY BE. ALWAYS CONSULT A PROFESSIONAL BEFORE FOLLOWING MY ADVICE. I AM NOT LEGALLY TRAINED . IF WHAT I AM DOING HELPS YOU IN ANY WAY CLICK THE THANKS BUTTON
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