Shortfallgreenspun.com : LUSENET : Repossession : One Thread
*** HELP *** HELP *** I have such a long tale to tell that it would be best to cut to the chase. The Halfax has repossessed my house and subsequently summons me and sucessfully been given judgement for a shortfall of close on to £100,000. Their solicitors, Wragge and Co. have now applied for a charge on my present property.
I submitted a defence based on the information given on this sight but the court didn't recieve it. I applied for judgement to be set asside and was granted time to submit a defence. I did so. The next thing I knew I received a letter from the lenders solicitors together with an application for charging order on land or property and an intrim charging order. it states on this order that my application for judgement to be set asside be dismissed.
PLEASE, PLEASE, PLEASE, can anyone out there help me. It looks like they're going to take my home AGAIN or at least half of it. I don't know what to do, how to do it or where I can turn. I have been to the CAB but they have told me that I can not get free help as I have assets, MY HOME. I can not get legal aid, again, because I have assets, MY HOME. I have very little disposable income.
There MUST be someone out there that has genuine, useable advice. I realy do not need anymore opinions, I NEED SOME HELP. I have considered suicide but that would not help those I leave behind.
DEN (thanks for listening)
-- Denis Strickland (email@example.com), February 18, 2005
Go and see a solicitor - ask them if you can get legal aid not the CAB - with all respect to the CAB, they are not the correct people to decide whether or not you qualify for legal aid - the solicitor is!
You may not necessarily lose your home over this - although a charging order is put over the property, it need not necessarily become an order for sale if you can negotiate a settlement along the lines of your current income, but if you ever sold, then the charging order would be settled out of the sale proceeds - much depends on the value now of your property and the likelihood of the price rising in the future to a level where it would benefit Halifax to wait until it was sold rather than obtain an order for sale now.
On the question again of legal aid - you may not get it completely free and might have to make a contribution.
As to the debt itself - is the amount correct - do you really owe nearly £100,000 -get it checked out. Even at this stage it is possible to counter the claim as being mathematically incorrect if indeed it is - the stumbling block is that you are already judgmented for that amount - just makes it a little more difficult.
Bankruptcy is also an option you might consider - you need specialist advice urgently.
A final comment - comitting suicide is selfish and as you say, does not help your family at all. I know a bloke whose son lives two doors away from me - on Xmas day three years ago, the son (30+ years old) hanged himself after sharing Xmas dinner with his family. My heart goes out to the parents - every Xmas dinner they sit down to now.............. well, need I say more?
-- David J. Button (firstname.lastname@example.org), February 19, 2005.
If by any chance you are in Scotland you could try Mike Daly at the Govan Law Centre in Glasgow who specialises in this field (reposession etc)...other than that you have to go along with what D J Button has told you and he knows what he's talking about.
Are there any Community Law Centres where you live ?/ I would have thought CAB would have advised you if there was.....as they usually have solicitors doing legal work for free.
-- Moira (Anderston828@aol.com), February 19, 2005.
Here is some info which may help, posted before some time ago, the phone numbers may have altered but, of course, you can always get the latest ones from directory enquiries. You might also like to take a look at this site: http://www.legalservices.gov.uk/
If a charging order is placed on your property, be aware of the interest that can accumulate with such an order. Good Luck.
"I would just like to point out that many county courts now have duty advice desks on mortgage possession days. These are staffed by advice workers from local CABx, independent advice centres, money advice centres, local authority housing depts, solicitors and law centres. The adviser on duty can advise you about your rights and may be able to represent you in court. To my knowledge, the following county courts in London have mortgage duty desks:
Bow, Brentford, Willesden, Shoreditch, Central London, Romford, Ilford, Bromley, Croydon, Wandsworth, Edmonton, Barnet, Uxbridge.
FIAC is the Federation of Independent Advice Centres. We have over 950 advice centres in membership across the UK. About half offer debt advice, eg Mary Ward Legal Centre, National Debtline, Bristol Debt Advice Centre etc. All members give advice on any area which is completely free and confidential. To get details of your nearest FIAC member centre, contact FIAC on 0171 489 1800
The UK Insolvency Helpline is the UK’s only personal and business debt consultancy offering free advice to consumers on financial problems. The dedicated aim of the service is to provide clients with a caring, professional hands on approach to financial problems with the ability to identify and resolve problems at an early stage.
The UK Insolvency Helpline’s recovery team have extensive commercial experience in business and personal insolvency procedures and undergo regular professional training and updates, ensuring that the highest standards of practice are maintained at all times.
Through its Nationwide call centre and through its panel of professional advisors, there is expertise and procedures in place to ensure that enquiries are handled confidentially and promptly and most importantly, free of charge. Enquiries can be taken via the National Free-phone number 0800 074 6918 or by the web-site. ( www.insolvencyhelpline.co.uk"
-- M Amos (email@example.com), February 26, 2005.
Some good advice is handed out on this site, but the existance of the bankruptcy association never seems to crop up for £15 you can join they have helped over 20,000 families in the UK. Suicide is not an option.
-- Adrian Ratcliffe (firstname.lastname@example.org), March 06, 2005.