Repossession Hearing Today

completemess · 23 March 2009 at 7:14PM

Hi everyone

Sorry I have not posted for a while. Our repossession hearing was today, Capstone/SPML wanted 28 days to get us out, I met with the barrister in the court foyer and agreed with what they wanted (we are renting now and just want time to get the rest of our belongings out). Their barrister was very firm and said despite bankruptcy (I went br on 26th Feb) I should contact my lender and send keys back with a signed surrender form to avoid more legal costs and baliff charges. I told him i'm not prepared to sign anything. Please can someone put my mind at ease that I def will not have to pay any shortfall in the future?

Thanks

PS: I have still not had an OR interview????????????????

nervousmother · 23 March 2009 at 7:19PM

Did the court grant possession to the lender?
Send the keys back by all means but do not sign anything. It is now no longer your problem. The keys mean nothing anyway as they change the locks. Enjoy rented.
As for the OR interview, think mine took about 4wk, you may not even get one I have heard of cases where it has not been needed.
Did you have a welcome pack? wanting wage slips and bank statements?
just enjoy th peace

Lensman_2 · 23 March 2009 at 7:21PM

Well done CM! Another step closure to closure. The shortfall will be included, as will all fees and costs. Don't forget who the barrister was being paid by...

I have my hearing tomorrow, so I would be very interested in a blow by blow account if you are up to posting one.

TIA
Jim

completemess · 23 March 2009 at 11:52PM

Thanks Nervousmother and Lensman - sorry for the late reply. That's a relief I knew I have read several times previously on here that it's included I just wanted to make double sure as the barrister made it out the BR was irrelevant - in a clever way though, he did not actually say that. I started worrying with the repossession occuring after BR.

Lensman I did not go into the court room as I agreed with what the barrister was asking for anyway. The judge was running late and I wanted to get back to work. The amount of repossessions in one day in such a small court was scary!!!

I have not had a welcome pack no, I check the phone everyday to see if someone has phoned, not that I want them to lol but will be glad when it's over xx

fiveyearplan · 24 March 2009 at 8:26AM

Hi completemess. I'm glad it was okay - you are correct that any shortfall or associated costs will go into your BR. On a much smaller scale I had my car repossessed and I wouldn't sign the forms so they couldn't repo without a court order, so I let them go to court (I was there too) and sure enough they got awarded the car but I didn't get awarded any of the costs even though the solicitors tried it on with me.

Lensman_2 · 24 March 2009 at 6:38PM

Hi All

It was my turn today. I had a chat to HSBC/Shoosmith's solicitor before hand. A very friendly bloke who explained everything in detail. He had read the letter that I sent in December, so already knew that I didn't want 28 days notice. He said I didn't need to go in to the hearing but I said I would.

Time for a quick coffee and then we were called in. It was in Judges Chambers, actually a nice old office with a nice old chap sat behind a very large desk. There were books everywhere. We sat at a table directly in front of his desk.

After a brief preamble to confirm who we were and why we were there, the solicitor stated the details of my mortgage account (arrears, last payment, outstanding balance etc) and summarised the letter I wrote. He requested possession 'fortwith'. The judge asked me if that is what I wanted and I agreed. The judge issued his judgement. Then he looked to me smiling and said "Now you can get on with your life". "Yes. Thank you" I replied.

And that was it.

The feelings of relief and of having a weight lifted as I walked down the court steps were entirely unexpected but very welcome.

The next step, in 2 - 3 weeks time, will be the granting of a warrant of execution that will allow bailiffs to physically take possession of the property and get the locks changed. Their solicitor said that he would do what he could to hurry them up on that.

headoutofsand · 24 March 2009 at 6:53PM

Glad it went well Lensman, it seems both you and I had a reasonable outcome in todays events so far. I am glad I didn't have a house to deal with;)

veersix · 24 March 2009 at 7:47PM

Congrats on finally having your house repossessed Lensman

So_Sad_Angel · 24 March 2009 at 8:01PM

Lensman wrote: »

And that was it.

The feelings of relief and of having a weight lifted as I walked down the court steps were entirely unexpected but very welcome.

The next step, in 2 - 3 weeks time, will be the granting of a warrant of execution that will allow bailiffs to physically take possession of the property and get the locks changed. Their solicitor said that he would do what he could to hurry them up on that.

Hi Lensman.....glad that you can put this part of your journey behind you. It`ll be another weight off your mind.

Angiexx

fiveyearplan · 24 March 2009 at 8:10PM

Ditto what everyone else said Lensman - one less burden for you.

moneybuster · 24 March 2009 at 8:18PM

well done are you ok in your new abode just relax now and take it easy

kind regards moneybuster

Repossession Hearing Today

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