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Giving up the battle

from Mike Barton (mikebartonuk@hotmail.com)
I've been fighting a losing battle to hold onto my house. Substantial negative equity (probably since the day I bought it from my ex partner) #9000 arrears and ill health have conspired to make me consider not fighting the latest repossession attempt by the Brittannia. Long history of poor judgement and bad luck, that I will not bore you with now-the most recent being a series of heart attacks two year ago that left me unemployed, on housing benefit and income support. I have to say that Brittannia did not act too badly at the time but now as I recover and start to work (for myself) again they are taking me to court for possession (they obtained an order some time agoat least four years) on the ground that my repayments are consistently late. This is true, due to the nature of my work I have not been able to pay before the 10th of the month but I have been religiously paying every month for some time by at least the 10th. I get the feeling that because of this they now believe it worth their while to stuff me. The summons has yet to arrive but when I telephoned their in-house lawyers and the credit-chasing department both told me that they would not stop the action. I am considering sending the keys back at the last moment to prevent a formal repossesion. Several questions: 1) How long does a court order for repossession remain effective if the lender does not apply it? Do they have to start all over again. 2) When is the last moment to hand in the keys to avoid repossession. 3) If they lent me far more than the property was worth without a careful enough survey, arent they as stupid (and culpable) as me. For your information (and no doubt amusement) I am male, sixty, just married with a six month old baby.....not that the building society will take that into account. Oh, and I do now have somewhere else to live and I'm getting to the position of having something to lose as my business takes off. Any, more general, advice
(posted 8595 days ago)

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