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repossession / Court

  • KazzyG69
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17 Oct 12 #361448 by KazzyG69
Topic started by KazzyG69
I am the Petitioner in my divorce and due to financial crap, I now face court on Monday with my stbx for repo of the FMH..... My question is: I feel he won''t turn up - what effect will this have on my case??

  • TBagpuss
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17 Oct 12 #361458 by TBagpuss
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you an still put your case.

A court can make a repossession order ut supend it if the Judge considers that there is a reasonable prospect fof payments being made - make sure you take with you ptroof of your means if you are arguing this. If you would be able to pay if your ex paid maintenace, you may be able to ask for the hearing to be adjourned to allow that application to be made.

IT''s worth cotnacting the court and organisation such as ''Shelter'' in advnace - some coutrs have duty solicitors ./ legal advisors on repossession days who may be able to give you a little help, and shelter may be able to point you in the direction of other resources which might help.

The court can make an order even if your ex is not there, provided that the court is satisfied that he was served with the application (which does not require personal service)

  • soulruler
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17 Oct 12 #361459 by soulruler
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Both parties need to turn up in a case, whether that be a divorce or a reposestion or anything else.

Obviously you both have an interest, you in possession (somewhere to live) and him in debt (not that he appears to be interested in a joint debt).


Point that out and stay strong.

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17 Oct 12 #361470 by TBagpuss
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it is not always necessary for both parties to be in court. It is only necessary that both parties are aware of the hearing. In fact it is very common in repossession cases for the Respondents (honme owners) not to attend.

If Kazzy''s ex fails to show up this will *not* stop or delay the hearing.
(In any event, in this ase, Kazzy & her ex are one party an the mortgage co is the other, so if Kazzy shows up both parties *will* be present.

Kazzy, if you are going to be asking the corut not to make the order you will need to be able to show what you are proposing to pay and to be able to back this up with proof of income etc.

If you are going to be asking thm to suspecd the order to let you sell the property yourself, then you need to show the steps you''re taking to do so(e.g. agreement with the agent)

Unfortunately the court has fairly limited discretion in this kind of case.

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17 Oct 12 #361479 by soulruler
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TBagbuss, respect to you as I know that you are a well respected family law solicitor and someone who has given me great legal advice over the years; now ever I believe, on retrospect, that you are wrong. Please let me explain:-

Here it comes:

Be truthful, Fraud Act 2006 expands on this in that the intention of an act is the important thing, ie the representation, a consealment or an abuse of position.

It used to be that just an act was not enough to be Fraud but since the Act of Fraud 2006 and the Act of Legal Services Act 2007 which covers both professional negligence and Fraud (both the objective i.ethe act and the subbjective ie the intention) that Fraud is probably the most important act of all.

Due diligence as if you pursue an allegation of Fraud without good cause it is as bad as the act itself.

  • KazzyG69
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17 Oct 12 #361483 by KazzyG69
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soulruler wrote:

TBagbuss, respect to you as I know that you are a well respected family law solicitor and someone who has given me great legal advice over the years; now ever I believe, on retrospect, that you are wrong. Please let me explain:-

Here it comes:

Be truthful, Fraud Act 2006 expands on this in that the intention of an act is the important thing, ie the representation, a consealment or an abuse of position.

It used to be that just an act was not enough to be Fraud but since the Act of Fraud 2006 and the Act of Legal Services Act 2007 which covers both professional negligence and Fraud (both the objective i.ethe act and the subbjective ie the intention) that Fraud is probably the most important act of all.

Due diligence as if you pursue an allegation of Fraud without good cause it is as bad as the act itself.



I wish it were simple, but there are a number of other joint debt that he refuses to take responsibility for and I am being hounded! We have two children who are with me and there is no equity on the house - infact if its taken/sold whatever, we will come out still owing a large sum which we will be jointly tied for - I have no deposit, don''t earn enough for a mortgage and there are no properties in our local are for rent at the min! I can''t afford to take on the whole loan, but I''ve offered to pay half!

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17 Oct 12 #361485 by soulruler
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I would recommend that you seek the advice of a debt counsellor: what you need to do right now is show that you are being as responsible right now as you can be with both joint and sole debts and how that effects the young that you have together.

I say that becuase of my personal experience of going though family courts, commercial courts, chancery courts and now Queens Bench Courts (which are both civil and criminal in each measure).

I am, apart from my consideration for me and my family, bearing in mind the consequence of this on Wikivorce; I would never prejiduce this site.

Regards

Soulruler

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