Hi

I was a arrear a few years ago but my mortgage arrears was cleared last year and kept up to date. I set up a new standing order on my account and went on holiday only to find the Standing was not set up by my bank so 2 months payments missed and the lender have activated the suspended order as unable to contact me as on holiday in Australia for 8 weeks and have instructed a bailiff warrant. Now this was stopped when I immediately called the lender on my return and cleared the arrears, but I am astonished they can do this so quickly and need help in getting this order removed, which I thought became invalid when the arears were cleared.

I believe a N244 application needs to be made, but can the lender stop this from being removed if the account is up to date, as they say they are not prepared to release me from this until the mortgage has been kept up to date for 6 to 12 months, is this true?

Hi, yes I'm afraid it's normal for the lender to want to see 6 - 12 months mortgage payments made on time before they will consider agreeing to lift the suspended order.

Also, due to having a suspended possession order - if you miss just one payment the lender can apply for a possession warrant without having to go back to court and it can happen quickly as you have found out.

OK, can I still get this removed without lneders consent if account up to date or would court consider lender wishes despite not being noted on suspension order and account being up to date?

If you apply to have the SPO lifted by entering an N244 at court, the court will send a copy to the lender who have the opportunity to oppose it. It's very unlikely that it would be lifted without a good payment record for a period of time.

I know this but will court not take the suspended order off if the account is up to date, on the basis the lender objects?

If the lender objects to the order being lifted the court will not lift it - unless you can show the court you have made consecutive payments for a period of time - usually 6- 12 months.

This is the link to Schedule 2 CCR Order 26 to do with Warrants of Execution, Delivery and Possession.

http://www.justice.gov.uk/courts/procedure-rules/civil/pdf/schedule2/ccrorder26.pdf

Hope this helps?

Apple