Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
What to do if your mortgage lender takes you to court
Find out how you know your mortgage lender is taking you to court, and how repossession of your home can be postponed. Also find out about preparing to go to court, and what happens on the day.
Falling behind with mortgage payments
Your mortgage lender may take you to court if you haven’t come to, or don’t keep, an agreement to pay off your mortgage arrears. Before your lender begins court action, they will send you a letter called a ‘notice of default’ saying you are behind with your payments.
Make sure you read and respond to this letter. You may be able to reach an agreement with your lender and prevent court action.
Your lender takes court action
If you don’t reach an agreement, your lender may ask the court to evict you. This is called making a ‘claim for possession’ and you’ll receive paperwork from the court. There is always a court hearing for court cases about mortgage arrears that could end in eviction. Keep talking to your lender
Keep talking to your lender even though they have started court action. You may still be able to come to an agreement. Make sure you get any agreement in writing and continue preparing for the hearing. Only change your plans if the court sends you a letter saying the hearing has been cancelled or postponed.
Hi Can anyone please help me???? I am currently taking Black Horse to court for PPI. I have a loan for them and the PPI is more than the actual loan itself hence the PPI case. My solicitors have sent the paper work off to Black Horse and are awaiting a response from them, however i have now received an eviction date very soon. I have spoken to Black Horse solicitors and because i am unable to make a lump sum payment until 4 days after my eviction day there is nothing they can do. NOT VERY HELPFUL TO ME!!!!!! Can i go to court before and ask for the eviction to be postponed!!!!!!!!!!!! Am losing the will to live as i have a young child and nowhere to go please can someone advise me on this.
Go to the courts and fill in a N244 form asking for the judge to grant a stay of execution state that you can pay a lump sum but not until after the eviction date the judge may also let you pay the arrears off bit by bit if you have a plan to pay the future instalments
And don,y forget the CPR rules. Civil Procedure Rules pre-action protocol for Possession Claims especially rule 5.2 which says “The parties must take all reasonable steps to discuss with each other, or their representatives, the cause of the arrears, the borrower's financial circumstances and proposals for repayment of the arrears (see 7.1). For example, parties should consider whether the causes of the arrears are temporary or long term and whether the borrower may be able to pay the arrears in a reasonable time”, and rule 5.5 “The lender must respond promptly to any proposal for payment made by the borrower. If the lender does not agree to such a proposal it should give reasons in writing to the borrower within 10 business days of the proposal”. Leach
New Govt advice on repossession - for owners
lender takes you to court
Reply With Quote
