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Original poster

Help!!! house going to be repossesed due to xh not paying loan

78 replies

sugar34plum · 17/07/2007 19:29

xh and i seperated 4 weeks ago. But found out since he hasnt paid the £20,000 loan we secured against the house for over 4 months. If the court grants the possesion order will council re house me? This house was brought over 3 years ago from local housing association. I have 5 kids youngest is 1 and i have 1 ds with sn and is on highest rate dla.

I am going to phone council tomorrow and ask what do i do if................etc.

but am worrying like mad. Surely they cant not house us ? And they cant put us in b & b? Ds has a social worker because of his sn so can they help make sure we are re homed?

Have been told too that you dont get told where they are putting you until you are actually out of current house and literally on the streets.

i know icant do anything tonight but am really stressing over this so please someone give me good news tht they do re house???

OP posts:
Original poster
sugar34plum · 17/07/2007 20:59

thank you

OP posts:
Tortington · 17/07/2007 20:59

sell it then!

Original poster
sugar34plum · 17/07/2007 21:00

ds cant go in b&b

OP posts:
expatinscotland · 17/07/2007 21:00

Many councils don't have hardly any houses at all, much less 4-5 bedroom ones.

I'd be hot-footing it to CAB first thing before I threw in the towel.

aardvarktwo · 17/07/2007 21:01

If you have children you can only legally be kept in B&B for up to six weeks.

Tortington · 17/07/2007 21:01

if its a B&B or the street your ds will go in a B&B

expatinscotland · 17/07/2007 21:01

I don't mean to frighten you, but seriously, in our council, if you had one who couldn't go into B&B it would be foster care for that one, the shortage is SO bad here.

I hope it's not in your area, but please, please see the CAB asap.

Original poster
sugar34plum · 17/07/2007 21:02

and do what? not enough money to buy anywhere else

OP posts:
Original poster
sugar34plum · 17/07/2007 21:02

no way in hell is my son going into foster

OP posts:
ScoobyDooooo · 17/07/2007 21:02

It really always depends on your council & there housing situation, we have 4 bedroom houses here but it is few & far between but they do come up, it all depends on what your council think is suitable for your housing needs.

I do recommend you phone Shelter because they know the law & can help you through your situation.

Tortington · 17/07/2007 21:03

then when its sold go to the council and ask to be re-housed - tell them its a family split - the reason you have to sell - the same principles will apply - only you wont have a reposession on your head, the loan might be paid and you maight even get some money out of it

aardvarktwo · 17/07/2007 21:03

Again the council will have to take DS needs into account. Any accommodation that they offer must be reasonable and you would be able to challenge them if it did not meet his needs.

ScoobyDooooo · 17/07/2007 21:04

Sorry but i am in the situation now & i think some people are being a bit harsh, the best thing you can do is phone your council & find out where you stand.

expatinscotland · 17/07/2007 21:04

Exactly, Scooby! The homes are just NOT there and there's really NO choice in the matter.

That's why it's imperative you go to CAB and/or Shelter asap.

Tortington · 17/07/2007 21:04

the council only LEGALLY have an obligation to the children.

most councils will do their level best within their good practice guilelines - HOWEVER it is worth noting

Original poster
sugar34plum · 17/07/2007 21:04

what gets me is i have 1 neighbour on her own in a 2 bed house and 1 just her and 1 child in 3 bed house another is mid age couple in 2 bed house my ex bitch in law has a 3 bed house that the bitch doesnt even live in but sub lets and they still wont kick her out!

OP posts:
ScoobyDooooo · 17/07/2007 21:05

They will not take your son into foster care, the council work to keep families together, they will take your sons needs into consideration & will probably ask for letters from any social workers etc.

expatinscotland · 17/07/2007 21:05

Honestly, Scooby, no one's trying to be harsh. This is the reality for MOST families who become homeless these days, especially large ones like sugarplum's. The housing isn't there so there are B&Bs, temporary accommodation, etc.

The era of the council house is over, sadly.

Original poster
sugar34plum · 17/07/2007 21:07

i am so scared just cant handle this got enough going on with out this

OP posts:
expatinscotland · 17/07/2007 21:07

They don't split the family where possible, Scooby, but I'm just saying to watch out because in some councils, the shortage of housing for a family that size is so dire it's B&B and if one can't make it in B&B then yes, they go into foster until such time as the family can be housed.

That may not be the case in sugar's council, but wouldn't it make more sense to find that out BEFORE the courts go to repossession?

Tortington · 17/07/2007 21:07

once your in - you have to seriously breech the tenancy agreement before a court will ever Pronounce someone homeless - the powerful party - ie the court acting for another powerful parrty ie - the council making someone homeless is a very serious matter, very serious, many many avenues have to be explored before it comes to that.

so you have the security of knowing that when you do get a council house they can't kick you out very easily

however its how you get to that point that matters.

ScoobyDooooo · 17/07/2007 21:08

I understand what your saying expat but B&B really is the last resort now it actually has been set in the law that they can use B&B but have to look at every angle first ie: private rented, half way houses, & accomodation through the council which they keep as temporary all of this comes before B&B especially when you have children & there is 5 children invovled here 1 who has sn.

ScoobyDooooo · 17/07/2007 21:11

My auntie lives in kent & i think the council is just on the same wave length as ours. The south-east & london are actually the worst places for council housing.

Tortington · 17/07/2007 21:12

i was in need of emergency housing before xmas - i was offered a B&B.

expatinscotland · 17/07/2007 21:12

It depends on the council, Scooby, which I've said time and time again. Because in some, ours in particular, there is next to NO choice at all whatsoever, particulary for such a large family.

That's why they do whatever they can to keep a family that size housed where they are and why she needs to see CAB, housing office at the council AND Shelter ASAP rather than just waiting for the courts to move for repossession.

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