house has been repossessed!

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jane.l

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Post by jane.l » Mon Aug 13, 2007 4:50 pm
oops, think is in wrong place! Well, I got a letter today and our house has finally been repossessed by Northern Rock. They say we have to be out by 29 August, so I presume that is the day they will change the locks What happens now?

I know they will want to sell the house, but if we could not sell it with the 2nd charge on from Picture, how can NRock sell it????

Also, I have been down today to check for post, there are letters there addressed to the Occupier from the gas/electric company. I told them it was being repossessed when I rang to give my final reading in and they were most insistent on a name of who was responsible for the house so I said Nrock. The letters are threatening debt recovery for supposedly standing charges for gas/electric, will they try to say that I am liable for this too???????? Should I mention it on the bankruptcy forms????
Last edited by jane.l on Mon Aug 13, 2007 4:53 pm, edited 1 time in total.
 
 

MelanieGiles

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Post by MelanieGiles » Mon Aug 13, 2007 4:54 pm
Northern Rock can sell because they are the primary charge holder and have the benefit of a possession order. Picture Home Loans will not feature in the decision making process, as they would have been served with notice of the possession proceedings and could have objected if they felt they had ample grounds.

Jane - you should keep a record now of the dividend you could have offered creditors at the time you first started considering an IVA, compared to what they will all get in bankruptcy - which is likely to be nothing. This of course will include the secured lender, who could have submitted a claim in the IVA and perhaps received some form of repayment, which is now extremly doubtful from the sound of things.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

jane.l

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Post by jane.l » Mon Aug 13, 2007 5:07 pm
Thanks for that info, its just that I feel so in the dark about everything. I have heard absolutely nothing from Picture Finance, they have not even sent me letters about non-payment! The last I heard from them was a good few months ago now and that was just a message from our estate agent saying they MAY consider allowing a sale if we agreed not to propose the IVA! There was no more explanation or anything after that.

I have all my papers for the IVA proposal and will give these to OR when we file for bankruptcy as it will show exactly what we were trying to do. Yes, if Picture had agreed a sale very early on, we would have tried to IVA, they would have received about half of what they were owed from the sale of the house and the rest would have been made up of IVA payments, but it was not meant to be, I think Picture’s reasoning was that maybe they wanted us to pay them as normal and do a DMP for our other debts, but I am only guessing here as I have had no communication from them. Unfortunately, now in bankruptcy, they will probably get nothing, we will probably not get an IPA as I have now resigned from my job in the NHS, I just cannot cope anymore and feel at breaking point at the moment. My job contract was only to run for another year and then I would be unemployed. I only took the job because we had such a huge mortgage and it was far too many hours than what I had wanted.
I have decided to do without my car and job and just focus on my family for a year or so and then when all this is over and I feel stronger, I will look for a job then.
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