Repo Order.Abbey Nat..pretty urgent..greenspun.com : LUSENET : Repossession : One Thread
Hi, This is a bit complicated...A repo order of "unconditional possesion" was granted on my flat 27/1/2004,for the AN.I jointly own the flat with my estranged bankrupt wife,who hasnt lived in flat since May 2001. i will add that there was a hearing on the 9/12/2003,in which the case was thrown out because the AN and my wifes Trustee ,did not have the paper work in order,so it was ajourned till the 27/01/04. At the 2nd hearing my solicitor failed to turn up..left me with no legal rep,so much for the british legal system..
The arrears have built up over the last year since i have been signed off on Incap/I.S. The DWP have been paying 100% of the interest since June 2003. I have now found that I would of had the option of my mortgage being transferred to an Interest Only Loan.Is this correct? And by doing this would i have avoided the Repo Order? Can i also make my wife?? pay half the arrears as she is still on the mortgage?(hope so!)
The arrears are £3036,clearing this would this mean that the Repo order is withdrawn.I can than do what I like with the flat, or can my wifes Trustee still force me to sell the property,and will any of the proceeds over the amount the AN want go to her creditors,and whats left is split between us ?
i have been contact with AN since Jan 2003 with this,and was assured by them "reposession is a last resort".. this was back in June 2003. To compound the issue,my solictor"forgot" to turn up at the 2nd hearing,and he later informed that the practise wasnt dealing with my case anymore..so i was on my own. I explained to the Judge that I was on INCAP/I.S ,the Judge wasnt to bothered at my circumstances and any reason I gave.My wife?? agreed to the repo order along with AN and her Trustee. Ive got some forms from the Nat.Debtline,N244,N245 and EX160 with which Im taking to the CAB.I also think I should be getting another solicitor Ive also been down to my branch of the AN to try and negotiate ,even spreading the arrears over the rest of the term of the mortgage,at least tempory.this was a waste of time..I was told by their"Financial Advisor",that she had no authority to do any thing and there was nobody in the branch that could help"but you can use our telephone banking" she said..solicitor?? Will an appeal make a difference as I do feel that I havent been given a fair chance by either party and very badly treated. My wifes?? bankrupt so all of our creditors are chasing me,seems she got off lightly! Thanks for taking time to read this,i appreciate this might not be a common situation for most people,but if any bodys been down this road I could really do with some good advice.I cant see a way out at the mo..
Hope this make sense
many thanks chris
-- Chris Drake (email@example.com), February 08, 2004