Question re house repossession in the UK?
By
I am due at a UK court as I have 4 months of mortgage arrears totalling £3200.00. I have always been honest and upfront with my mortgage company yet they have not tried to help me when my hours of work were cut. Myself and my partner are now in full time employment and able to pay the mortgage and arrears.
One month prior to us receiving the court order we made a payment agreement with the mortgage company to pay the normal amount plus some of the arrears. This was accepted and we have paid £800.00 each month since July.
Do I have a case considering the agreement was in place and adhered to prior to the court claim? I really don’t even want a suspended possession order as the legal fees for their solicitors are so high (if I lose) and I wonder if there was any possibility the judge will not make an order at all??? Has anyone been to court for this kind of thing and what can I expect? =(
Thanks for your answers. I am unfortunately not entitled to legal aid and am not able to pay a solicitor so will have to defend myself! Citizens Advice can’t give me an appointment until after the court case. Wish me luck!
Related posts:
4 Comments
May 5th, 2010 at 9:06 pm
I’m in the US, but both of our countries operate under the “British Common Law” paradigm, so I can at least address it.
It’s not “repossession” here. It’s called “foreclosure.” But the effect is the same.
In the US, once the mortgage company makes a new agreement, the parties are operating under THAT; and said new agreement, if honored by all parties, would effectively stop the foreclosure.
But something is obviously different than what I’m assuming when I write that. You’ve not provided, really, enough information; and in the end, it is only a lawyer who can and should be advising you, not anyone here.
Please seek legal counsel. ASAP. Listen ONLY to him/her, and to NO ONE else. Please. I know it’s expensive, but you really must.
Hope that helps.
May 9th, 2010 at 7:43 am
contact citizens advise, if they aren’t sure where you stand they have access to a barrister and it wont cost you.
May 11th, 2010 at 12:25 am
The Judge may issue a suspended Possession Order which will only come in to force if you miss any further payments. You won’t be able to stop this happening, but you do need a solicitor to represent you in Court.
May 14th, 2010 at 3:48 am
If you have an agreement with the mortgage company, and are adhering to this, you should be fine. Send a copy of the agreement & all other relevant documents (proof of payment, etc) to the court now, so the judge will have it on the file as they first look at the case.
You should find the judge helpful as you’re defending yourself, but the other party should find their case thrown out if you have an agreement that is being satisfied.