Yes it is enforcement via the deed.

Section 36 may be a problem in that generally the court will only re- schedule payments if the mortgagor can pay both the interest due plus any additional interest and charges plus the principle within then original mortgage period.

Since the OP seems to be struggling repaying the interest only and they have not come back to say how the principle is being paid, I can only assume that this is still outstanding also. Unless they can prove that there will be a windfall coming to them within the term which will permit payment , this application is unlikely to succeed.

I would also add that whilst it is useful to have general advice and support from here, property law is a complex area and I would take professional advice before making any applications to the court. Mistaken or erroneous claims can be very costly indeed.

hi i,ve spent 2 days on the phone going round in circles, i read on here somewhere they couldnt repossess under 2,000 in arrears, because i,d like to print it off for court paperwork.. i,m disabled and trying my hardest to sort. i rang their solicitors to ask for all documentation, yes they said @£10 per doc, as how many was told at least ten, told them bluntly if i had that amount of money i,d pay it to my Morgage ya con artists. call ended bluntly..

I am not aware of any rule saying arrears have to be above £2000 for repossession. It seems very unlikely though.

In any case, from what you were saying the Possession Order was granted two years ago and is suspended, so my guess is that those kind of arguments would have been more relevant at that time.

Your realistic options at this stage are to decide what you are asking the court to do, and then get the N244 form in and ask for it.

You can either put forward a proposal to pay off the arrears based on your Income and Expenditure,

Or you need to ask the court for time to sell the house yourselves.

I think you will find that I am 100% CORRECT.

Not sure how CPR can be used since the op already has a judgement which has been placed on hold, wouldn't the judge want to know why this was brought up in the first hearing, would such an application even be applicable.

Also what is inequitable about enforcing a contract which has been breached. we do not know all the information here but reeding between the lines it seem to me that the OP does not , and is not likely to have the means to pay this mortgage within its term, IMO the best advice would be one of damage limitation.

Thread tidied ..irrelevant posts removed

Sorry I haven't been online in a while, thought i would update by saying a big massive thanks to Honeybee13 for all the advice given,

we went to court and won the right to stay in our home, the judge couldn't believe that it had been served on us in the first place when we were paying of the arrears and tore into their lawyer.

we have agreed to pay a little extra on top of what we had been paying and have to return to court next year to ensure we're still able to keep it up.

we have since taken in a lodger so that the extra we get from rent will go straight to the mortgage also, and hopefully normal service will be resumed and we can can get back on an even keel and put this all behind us.

so thank you for everything you advised us to do and quote and for which forms we needed to fill out, we would have been thrown out if it hadn't have been for that, thank you

Thats excellent news rocketsgal ..particularly at this time of year.

Many thanks for the update and I will pass on your message to Ellen & Honeybee

Well done...and have a Merry Christmas.

Regards

Andy

Excellent news and just in time for Christmas