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Response to Giving up the battle

from jude (jude.adegbe@lineone.net)
It is with sadness that I read your post, particularly that it was posted so long ago and did not receive an answer. I suspect for you it is too late but I reply for the benefit of any others finding themselves in a similar situation.

You would have had a suspended possession order. I believe the precise terms can vary but when a friend of mine was in a similar situation she was told that as long as she kept up the new arrangement under the order she would be OK and the possession order would expire when the arrears were cleared. However when she returned to full time employment she found that she could not meet the interest and the capital repayments, as well as the overpayment at the ridiculously high level that the building society had requested so she fell behind. They then got the court bailiffs to send a letter saying that the bailiffs will come to repossess on a particular date and inforce the possession order as she had not kept to its terms. On this letter there was a telephone number of the court bailiffs. She rang it and forced the building society to go to court. At court the judge made them agree to much lower payments and she was allowed to stay in her house. Eventually she paid off the arrears and the possession order is now finally lifted.

Thus at the time you wrote the above it was NOT too late to stop repossession. The court would listen to any reasonable suggestion. The fact that you might have been able to find somewhere else to live is not material and perhaps need not have been volunteered, as the court is unlikely to ask you such a question. After all if you have bought a house then, presumably it is all you have to live in. If a friend decides to take you in – then that is out of the goodness of their heart and not your right!

I would further say under no circumstances should you go for voluntary or involuntary possession, there is little difference in reality. Go to court - make them give you repayments you can keep to and keep to them. Courts are not usually in the business of throwing families on the streets for no good reason. And since under shortfall rules you are liable to pay up to 12 years from repossession what is the point of losing your home and your credit worthiness if you have to pay in the end. Sorry for rambling - it makes me mad to hear about people in your situation!!

(posted 8285 days ago)

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