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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 21:13

someone said to me a while back that they actually by law have to keep some houses empty for complete emergencies. they make look lik ethay are lived in ie nets at windows but are in fact empty?

OP posts:
HelenLoveJoyOfSpringfield · 17/07/2007 21:13

Why are you the one struggling to find a home for yourself & your kids? Where's your useless prick of a dh who left you up shit creek????

How fuckin dare he walk away & have a roof over his sleazebag head when you & his children fight for a roof over yours?????

God I am angry.

I would try & do as custy says, If anyone were to try & take my home from me I would fight tooth & nail to keep it.. whatever it took... I'd sell off every posession I owned, even of my home was empty when I was done...just to keep the house.

aardvarktwo · 17/07/2007 21:14

OK - This is my job and I advise people in your situation the whole time.

  1. IF your house gets reposessed it will not be for a long time. There will be plenty of opportunity to see if you can save it and people who can help you do that.

  2. IF it does eventually get repossessed you will be able to make a homeless application to your council. They have a duty to house people who fit these five criteria.
    a) homeless or going to be homeless within the next 28 days
    b)British Citizens (to be brief)
    c) have priority need (you will with kids
    d) are not intentionally homeless - they will look into how you lost the house and
    e) have a local connection (you need to have been previously living in the area).

If you pass all these tests they have a legal duty to house you. If there are no houses available you will be put in B&B for a MAXIMUM of six weeks and only if it is suitable for your son. You are then likely to be in temporary accomm which is likely to be a six month let in a private home.

You will be near the top of the housing register. I don't know your area so don't know how long it can take to be given permanent offer.

Alternatively you can privately rent. You will receive housing benefit and possibly there will be a local scheme to pay a deposit if you do not have one.

Any talk about taking your children into care is incorrect. Do not worry about this.

HTH.

Original poster
sugar34plum · 17/07/2007 21:15

have seen on tv companies that buy your house then let you rent it are they for real?

OP posts:
Original poster
sugar34plum · 17/07/2007 21:20

helen his sat in a pub in oxford right now!

Aard thankyou. just sat here crying at the thought of losing my son. id work the streets before i lost him.

i am not giving up i just have no fight in me right now. but i will get on th ephone tomorrow.

We have lived here near 6 years and luke has to attend special school.

all i want to do is take care of my kids they have been through too much already because of their waste of space father

OP posts:
expatinscotland · 17/07/2007 21:22

CALL SHELTER tomorrow. Call a housing officer at your council tomorrow. Call the CAB to set up an appointment tomorrow.

You still have time and most councils will do all they can to avoid the crisis of another homeless family. There's enough of that already.

It's really, really dire in Edinburgh. Bad.

ScoobyDooooo · 17/07/2007 21:23

Like i said i can only explain my journey through homelessness & how MY council works, every council is different & works in different ways apart from things that are set out by the law.

The best thing you can do is speak to an adviser from your council & see what will happen to you.

When i first went into my council they told me i WOULD be put in B&B i then spoke with the housing manager who explained this could only happen as a VERY last resort.

As i explained along my journey i was offered 3 temporary accomodation & never offered B&B.

Original poster
sugar34plum · 17/07/2007 21:23

im nr dartford so i dont know i know there are loads of housing estates round here

OP posts:
Original poster
sugar34plum · 17/07/2007 21:23

im nr dartford so i dont know i know there are loads of housing estates round here

OP posts:
Original poster
sugar34plum · 17/07/2007 21:24

there are new builds going up constantly for the council too

OP posts:
Tortington · 17/07/2007 21:26

its not like its going to happen tomorrow - with shslters help you will be able to delay the loan. sort out your motgage payments and sell the house.

once the house is on the market you tell your local housing office that due to marital breakdown you have to sell your house and you will be homeless
your social worker will help with any applications as will someone in the housing office if you ask them
you social worker should also know what letters and other supporting information from medical professionals will get you the most points.

i work for a housing association
the empy house thing is bollocks.

we have an implicit duty to HOUSe people - we can't leave places empty.

Original poster
sugar34plum · 17/07/2007 21:26

scooby are you in temporary now?

OP posts:
Tortington · 17/07/2007 21:26

i meant CAB not shelter - although shelter will be able to help on matters of housing

Original poster
sugar34plum · 17/07/2007 21:27

was tol di f i sell house im making myself homeless by choice

OP posts:
Tortington · 17/07/2007 21:30

well its not like you have a choice - this is what shelter will be able to advise you with - housing law.

you have no choice but to sell your house as you can't afford it - that is not making yourself homeless.

Shelter will be able to tell you what exact law states this - or covers this - and you should ask for a copy from shelter - and then you can quote this to the council when they spout the "you have made yourself homeless shit"

thing is - not all council officers know what they are talking about. dont take their word as gospel and always check with shelter

i live in a HA house- my landlord know i work for a housing association AND they still pulls some way out freaky stunts on me.

ScoobyDooooo · 17/07/2007 21:33

I am in temporary but it is priavte rented, we stayed with my mum for 8 or 9 months but that was my choice. The coucil helped us find this place & paid a months rent & a months deposit.

Original poster
sugar34plum · 17/07/2007 21:35

i hate my h so much right now. His sat in apub drinking money in pocket place to live not a care in the world!

Thankyou all for the advice i will be phoning around like mad tomorrow.

OP posts:
Original poster
sugar34plum · 17/07/2007 21:36

my mum lives over an hours drive away. i dont mind temporary as long as its ok for kids

OP posts:
BetsyBoop · 17/07/2007 21:49

is there any option for the HA to buy your house back again? Just a thought & worth asking the qu - they can only say no & if they say yes you'd be able to stay there.

Also have you checked out your position re elibility for help with mortgage payments via income support - it doesn't kick in straight away (9 months wait I think) but you may be able to rearrange things with mortgage providers if you act quickly, much better in the short & long term than being repossessed if you can avoid it - CAB should be able to advise on this, I'm way out of date....

Paddlechick666 · 17/07/2007 21:52

texted you.

good advice here mate, but you got to get onto the local authorities etc asap and find out exactly where you stand and what your options are.

knowledge is power and in this case, peace of mind.

anything, anything at all I can do, just yell.

research, phone calls etc etc just let me know.
x

Original poster
sugar34plum · 18/07/2007 09:37

i have to sell the house and move into privately rented.

OP posts:
iheartdusty · 18/07/2007 13:17

you have to get the sale moving
because the court can only give you extra time if there is hard evidence that you will be able to pay off everything in a reasonable time
not just if you plan to do this and that.

sometimes they only give extra time if there has already been an exchange of contracts on the sale.

it would be much, much better to negotiate extra time to sell with the loan company, than to try and get the court to give you extra time.
they should agree because they will get their money.

if house is in joint names this gets more tricky.
get a lawyer asap
you will get legal aid.

Original poster
sugar34plum · 18/07/2007 16:50

dont have a court date yet. Loan comapny told me over the phon ethey applied for a date on th e9th july. the house is in my name only and my maiden name at that but the tosser has gone a put a charge on th ehouse.

have an estate agent coming tomorrow to value it. and will call a solicitor tomorrow too.

OP posts:
Budababe · 18/07/2007 17:35

How can he have put a charge on the house if it is in your name? Did you sign anything for his loan? If not surely they can't get it from you?

Budababe · 18/07/2007 17:35

Do you have a mortgage? Can the loan be added on to your mortgage?