Suspended Possession Order ?

[TheFonz1]

Hi all on this thread. Can anyone tell me exactly what a suspended possesion order is? And If I have made a reasonable offer before this takes place can I stop one (SPO) also sorry if I am interupting:o do I need to start my own thread on these issues

[Ell-enn]

Hi, a suspended possession order means that a court has ruled that you may remain in your property on condition that you make payments towards the arrears monthly, or clear them by a certain date. (that is just a simple example).
The process is as follows:
You get into arrears
The lender issues court proceedings for possession of your property
You defend the action by going to court and promising to pay the arrears over a period of time.
The judge orders that you can remain in the property provided you keep to the payment arrangement, and therefore possession is suspended.

Sometimes it is possible to come to an arrangement with the lender either before court action, or to cancel a court hearing.

What stage are you at?

Kind Regards

Ell-enn

[OLIVE.FAMILY]

Hi there Fonz1

You should realy start your own thread but i am sure nobody would mind a quick question.

I am not legally minded and nor am I very good at explaining things clearly, but if I get this wrong some body will be along to correct my mistakes.

Basicly a suspended possesion order is when a Mortgage company has gone for full possession of your property in court but if you at the last minute come to an agreement then that full possesion order will become a suspenede posesion order. This means that if you miss a payment then intead of going through court again they can go straight for a re-possesion. Now some mortgage comapnies are a bit sneaky. I will ive my case as an example.

Fell behind on mortgage. Made lots of offers but mortgage company said no. Got a whole bundle of court papers through the door. I got very scared. I didnt know what this was(before i found this site). Phoned up the mortgage comapny. They told me what it was. I got even more scared. I made a stupidly high offer this time they agreed. They said they would cancel and that there was no need to attend court. THey lied. They went for a suspended possesion and if i went to court i could of stopped them from getting this. now they have it every time I make a mistake they try and send the bailiff


I hope that helps a little . If you still dont understand just yell.

If you need to talk we are here for you. Just start a new thread. We have all had or are still having problems so we dont judge just lend an ear and some hopefully good advice

olives xx

[OLIVE.FAMILY]

Blimey that took me soooooo long to write ell-en beat me to it. She will explain much better

Olivesxx

[sillygirl1]

I agree with OliveFamily, it's their way of getting a great big stick to beat you with every time you slip up - and when they get reposession they will beat you again and again for the next 12 years. In my case 12 years will bring me close to retirement and they could go for my lump sum from my pension - so please do whatever you can to stop them from getting hold of the stick to continue to beat you with.

[TheFonz1]

Ok guys and girls this is where I am up to the arrears total about 5k and my mortgage is killing me at £825 a month (£9900 per year) I have offered £775 every 4 weeks which is 175 a year more I know this is quite bad but with other debts and bills is probably all I can afford at present but was thinking I might just be able to afford £800 every 4 weeks = (£10400)
Which in theory should pay off the arrears in 10 years not great I know.

Also with all the other threads going on about copies of agreements and because my original mortgage was taken over by Barclays should I Subject Access Request Barclays to see the full details and the original agreement or is that pushing things to far? Would like to at least delay the SPO! Any ideas welcome. Thanks

[Ell-enn]

Hi there, just need to clarify before we can advise you properly - have you received court papers for a possession hearing?

Kind Regards

Ell-enn

[TheFonz1]

Sorry Ell-enn I wasn't thinking straight. No I have just had a letter from Solicitors rejecting my first offer of £775 asking me to come back with proposals and saying lender would want payments under a suspended possesion order. I am thinking of sending them an income-expediture sheet and obviously looking around site for info. Thanks for helping I am making a small donation to site.

[Ell-enn]

Hi there, yes - it's always a good idea to write to the lender and try to come to an arrangement. That way, if it goes to court, you can prove that you have kept them informed of your situation and tried to make a payment plant with them.

You should send any letter by recorded delivery and print off the receipt from the royalmail website - keep with a copy of your letter - you might need it later.

Let us know how you get on and we can help further.

Kind Regards

Ell-enn

[sillygirl1]

I'd write back and state that if the lender wants a suspended posession order you would have to lower your arrears payment accordingly ... if they want a stick to beat you with you need to make sure they can't wield it.

This is giving you the ammunition you need when they go to court - in the current climate they are going to look rather silly not accepting an offer and seeing if you can keep the offer for 3-6 months before they go for the jugular.

[TheFonz1]

Ok sillygirl that sounds like a good idea I will offer £800 instead of £775 and state what you have written in my own words:o lol thanks

[Bona]

sugest you also say that this offer is due to the economic climate and you would like it reviewed every six months this means that you may be able to increase latter

[TheFonz1]

Hi all well here is the latest my first offer of £775 has been rejected so I am now going to Subject Access Request the solicitors involved. I have received a court date and claim form from lender (1st Oct). I am going to fill the defence form in as best as I can but obviously I am nervous and worried. Also I can't work something out and it is puzzling me.

I have offered an amount which is more than the required amount needed (on the back page of form) to maintain the current agreed term? Yet this has been rejected which does seem strange.

If anyone has any ideas or suggestions I would be grateful thanks.

[Ell-enn]

Hi there - is it an N11M form you need to fill in? If so, Q.27 of that form is the important part, I can help you with the wording for that, and there is some case law we can use to support your defence. Try not to worry too much.

Kind Regards

Ell-enn