i've handed in the keys, now they want to take me to court!

greenspun.com : LUSENET : Repossession : One Thread

I handed in my keys and voluntary surrender form to the Halifax on 8th February.

On 15th February I received a summons for possession from the Court (dated 12th) from Halifax solicitors Walker Morris with a court date 0f 26th April.

I rang the Halifax and asked them why this was being done when they already had possession of the property and it was in the process of being marketed. Halifax told me that this had been done in error and they would speak to Walker Morris. I spoke to Walker Morris again last week and they won't discuss the issue. They say they have asked for an adjournment until June. I've kept on asking them why they are asking for possession of a property when their client already has possession - they won't give me a straight answer.

I've checked with the court and as far as they are aware, there is a hearing on 26th April, there is no adjournment.

Should I go to the hearing anyway? Its in the town where my house is and not where I live now, and its quite a long journey which I'd like to avoid. I haven't filled out the reply sheet that came with the summons either.

Also, I've now just received a letter from the Halifax saying that the solicitors costs are #336!!!

Any advice gratefully appreciated.

-- Pendle (denise@amun-ra.demon.co.uk), March 12, 1999


You need to get to a solicitor immediately.

Your summons should have given you 14 days to: a) write back with a defence (or counterclaim), which in your case was that youhave already handed voer possession b) ask for the hearing to be transferred to a court more local to you.

Your defence should point out that no costs were due to you because you had already ceded possession and therefore no court case was necessary.

I'd say you need to get a solicitor to help you claw back what you can from this situation.


-- Lee (repossession@bigfoot.com), March 12, 1999.

I saw a solicitor at the CAB who advised me to speak to the Halifax once more and tell them that I will not be attending the hearing, but will be submitting a letter to the District Judge stating that the keys were handed in etc etc etc and request that costs are not awarded in this matter because of Walker Morris' error. I rang the Halifax and they were surprisingly quite helpful and said that they would speak to the solicitors immediately and have the costs withdrawn also and that "it was all a misunderstanding".

-- denise cassidy (denise@amun-ra.demon.co.uk), March 16, 1999.

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