Halifax PLC - Is there anything I can do to stop a repossession?greenspun.com : LUSENET : Repossession : One Thread
Brief History: Mortgage arrears built up over a period of 9 months due to ill health, the Halifax took me to Court, which I attended and a Suspended Repossession Order issued. I managed to keep to the order but again, due to ill health fell into arrears. Through luck and chance, I always managed to find enough money to clear the arrears to a level that was sufficient to stop the repossession.
Am now facing repossession on 21 January 2002 at 10am.
The amount of arrears outstanding in full is only £681.00, which I can obtain on the 25th January 2002 (my partnet is monthly paid. Have spoken to the Halifax to ask for a stay of execution for 4 miserable days but they have declined saying that they are not prepared to wait. Unless full payment is made of outstanding arrears the eviction will take place as planned on 21st January.
I have tried to obtain the necessary money, to no avail. Is there any way I can temporarily halt the eviction for 4 days? Is there a process where I can apply to the court for the necessary 4 days?
Any help passed my way will be greatly appreciated.
-- Mark Pearson (firstname.lastname@example.org), January 13, 2002
Submit an emergency application to the court which is dealing with the repossession. If you can convince the judge that you definitely can pay the arrears off a few days after the eviction date, he may order a stay for 7 days, or re-suspend the possession warrant.
Get this done first thing Monday - don't hang about!!!
-- David J. Button (email@example.com), January 13, 2002.
Mark, Do as David has said. I have been in your position on 4 occasions and have applied to the cout each time and the County Court judge has sided with me on each occasion. I hasten to add that the amount involved has been much greater than yours and my applications were to return to the arrears schedule not to clear the arrears in full. I think the Halifax are being totally unreasonable. Take the eviction warrant, as that is what I presume you have had, to the court and make an application for a hearing. It used to cost £25 but this may have gone up. You will get a hearing with the County Court Judge before the eviction date. Do this as David has said FIRST THING MONDAY. Good luck and God's speed mate. We will be praying for you as others did for me.
-- A and G (STARG99@hotmail.com), January 13, 2002.
And let us know how you got on - you may give hope to other people through your experience.!
-- David J. Button (firstname.lastname@example.org), January 15, 2002.
Update: Well, thanks to you guys, I now have a hearing in front of the Judge tomorrow (Wednesday 16th January 2002). I have spoken to the Halifax's solicitors and their attitude is "We won't contest it", so all is looking good. Will post the result of the hearing when I get back from Court.
Thanks alot guys.
-- Mark Pearson (email@example.com), January 15, 2002.
RESULT: Well I attended court, nervous as hell, waited over an hour, finally got into see the Judge and simply explained the situation. After being asked a few questions, the Judge not only AGREED to my proposal, he also gave me EXTRA time to make the payment.
I'VE DONE IT!!!!!!!!!!!!!!!!!!!!!
Without you guys, I would be out of my house next Monday, I can't thank you enough for your help, advice and support. As it stands now, I have secured my future, so thank you very much.
As a matter of pure interest neither the Halifax or their appointed Solicitors turned up, a point noted by the Judge in the Judgement.
The biggest lesson I have learnt in my dealings with the Halifax is so important, don't do as I did and bury your head in the sand and hope it goes away - it doesn't !!!!.
Once again, thanks
-- Mark Pearson (firstname.lastname@example.org), January 16, 2002.
Brilliant news, well done!
-- Too scared to say (email@example.com), January 16, 2002.
Yes - well done, and many thanks for posting the good news on the website as it is so very helpful to people facing the same situation.
-- Melody (firstname.lastname@example.org), January 17, 2002.