Hi can anybody help with some advice, we have a suspended possession order on our mortgage & we are currently paying £300 a month on top of our mortgage but we are struggling to meet this amount, we were wondering if we could apply to the court to have this amount reduced as spoke to our mortgage company & they're just threatening to take possession of the property, which obviously we would like to avoid. any advice would be greatly appreciated as its making us both ill with stress. thanks

Hi all I just need a bit of advice. 2 years ago I got behind with our car loan repayments, we went through a bad patch husband was nearly killed in a car accident & our son has a very serious heart condition. Upon attending court the judge suspended the repossession on the basis we paid xxx amount each month until the balance was cleared. Now our problem, our son recently had to go into hospital for a surgical procedure on his heart, this resulted in me taking a considerable amount of time off from work. Because of the lost income we have got behind by 2 months on our arrangement. My question is does the lender have to return to the court again to enforce the possession order, or can they just come and collect the vehicle? As my understanding is they have to return to court to enforce and a court bailiff carries out the repossession, which gives me time to suspend the possession again, is this correct? To be fair we have in two years reduced the balance by more than half from £9000 to under £4000, our intentions are to clear the balance. All we are asking for is the two missed months just be added onto the end, is that an unreasonable request? And how would that argument prop up in court as last time the judge did not want to repossess as the vehicle is registered disabled.

My husband has a possession hearing on our home, He gave HSBC a director’s guarantee on his business that failed. He bought the house with a normal mortgage 4 years before we got married, and started his business 5 years after we were married Our home and mortgage and his directors guarantee is only registered in his name. He extended the mortgage to provide funds for his business and gave the guarantee. Do I have any rights? and what should I do, We are still married (just!) and have school age children also Please advise me

The possession hearing was for 27/11/12 - the arrears were cleared by 30/10/12 - I have received an 'adjournment' letter today, and then spoke to the solicitors about it, they said it would remain open for 12months, is this correct? When I last spoke to NRAM they told me the case would be dismissed, and is that what the judge would do? I am very concerned about these tactics and are they legal? any advice would be greatly appreciated.

i have been sent a letter today from Acenden's Solicitors TLT stating, that as we had as we had broken the terms of our suspended possession order Acenden were again going for repossession again and that an application had been made to the court on the 3rd October 2012. We had sent a letter to acenden back in August stating that our son who has a serious heart condition had been admitted to hospital to have heart surgery performed, and we explained that due to a sudden loss of income from my wife taking time from work we MAY not be able to meet our financial commitments but explained we would gradually make up the shortfall upon my wife's return to work. We never heard anything back from Acenden until their solicitors today. We paid what what we could in August, September & October and have calculated our shortfall to be around £800, I cannot understand the brutality of these people considering what we have been through with our son over the past 7 weeks, our son has only recently been discharged from hospital and I have only returned to work this week. The question is what do we do now, the letter from Acenden solicitor states we will hear from the court in due course regarding an eviction date. We were having a good run of it and stayed out of problems for 18 months and then our son got took ill suddenly then boom it all starts again. Our other successful thread is below; http://www.consumeractiongroup.co.uk/forum/showthread.php?282746-Capstone-restored-possession-hearing.-**SUSPENDED**

The landlord is taking me to court this wednesday coming for possession of my home due to rent arrears. these arrears happened due to the housing benefit payments being completely mucked up by benefits office. It has now been sorted and I have offered to pay extra ontop of the benefits payment to pay off the arrears. I cannot attend the hearing as I have just had major surgery and cannot go out. I have sent all my papers to the court and also told them that the LL cancelled the deposit protection 1 month after I signed my last tenancy agreement and never renewed. and i want to claim for compensation for this. I also have told them how the LL has been harrassing me by turning up whenever he feels like it and ignored a letter I sent him. He has also lied to his solicitor about the circumstances of the arrears and said he new nothing of my circumstances, I kept him informed througth the whole time. I want to leave this property as it was him that made me ill in the first place but need to stay until the end of october. I have written to the court telling them all this and also not to penalise me for not being there and to be fair to me. Will me not being there make any difference, I really cannot go as i have had heart surgery. plse advise. willo be fair to me.

Hi really need some advice re a walking possesion order with dukes bailiffs. Basically we are a family of 5 on low income recieving child tax creds, working tax creds, housing benefit, council tax benefit and child benefit plus my partner's wage (low income). We got behind with this years council tax due to having an attatchment of earnings on my previous years council tax. We currently owe 589.71. Anyway today i had a knock on the door and a guy introduced himself as a dukes bailiff and was nice about it saying he could accept £80 a month (i can afford that just) but that he had to come in to set it up or he would remove goods now, i said no but he had his foot in the door and i had to let him in. He left me with a inventory and payment plan he made me sign ( im also pregnant so in no fit state to argue). My problem is he has levied my father in laws bmw m3 this is worth £10,000 we were only borrowing it while we save up for a new car (ours blew up) it is registered to our address for insurance purposes. I told the bailiff it wasnt mine or my partners but he has still levied it along with my 42" LCD TV that is on HP through Brighthouse!! Hes charged us for his visit and im at a loss as to what to do! He has levied £10,500 worth of goods for not even £700 worth of debt! Please tell me how to sort this thanks. thanksin advance Debt breakdown is as follows: ORIG DEBT: 589.71 LEVY CHARGE: 43.00 WALKING POSSESION FEE: 12.00 ADMIN FEE: 24.50 TOTAL: 689.21

I have a bed and breakfast which is on 100% mortgage, part of this is repayment the rest is bridging loan, secured against a second property. The bank are not going to renew the briging loan in Oct and will start recovery proceeding. This was inevitable i have been unable to sell either property, i lost my wife to cancer not long after buying the b&b i just want out now. My plan is to go back to the other house which is back in another part of the country and from their find somewhere to rent. Does anyone know how long roughly i will have before they take the second house away, they have second charge, the main morgage is with C&G this is up to date. I am trying to buy myself some time.

Please help as I am in a situation. In June a possession order for mortgage arrears was granted by a court in Clerkenwell for my flat. I had been unable to attend the hearing because I had been looking after my sick mother for a period of time, and missed the letters informing me of the hearing. When I found the letters in early July they were saying to award possession on or before the 12th July. Before that date I filed a N244 form requesting that the order be set aside and a new hearing date be set. I also contacted the lenders solicitors and told them that I wanted to clear my arrears. On the 12th July nothing happened. I contacted the court and they told me that the N244 is waiting to be seen by a Judge. They would write to me when a court date was ready. Yesterday I recieved a letter saying my new hearing date is this Monday 6th August at 15:00. 1) Is being away looking after a sick relative a good enough reason to have missed a hearing? 2) What documentation do I take into the hearing? 3) I need some help as to how to craft my response. Thanks in advance

Please can anyone give us advice... Back in 2009 we were in arrears with rooftop mortages and it went to court - we were give a suspended possession order and had to pay back £100 on top of our monthly payment which we kept up with well at first but did struggle to pay on occassions, called rooftop explained and was told it was fine each time. A couple of weeks ago rooftop sent us a letter saying we were £700 pound odd behind with this order so we requested statements to check the amount was correct, we did and it was - called and said we couldn't pay it all at once and also that this month we would be late paying our monthly payment but paid the £240 we could pay then. They told us this was fine and that they would not take our home over a small amount like that. Today we got letters saying that as the order from 2009 has not been adhered to they are putting in at court for a warrant for possession of land and that we will be notifed in due course of the eviction date. We have been staying with family a couple of days and have just arrived home to find the letters hence why I am on here so late Please can anyone advise if this can be stopped and what we need to do, I can't lose our home, im so stressed and upset and don't know what to do Been looking on the interenet and am getting so confused Thanks so much

I have a possession order due to be heard in court on 16th July. Halifax bank have agreed to extend my mortgage period from 5 years 4 months to 18 years, reducing my monthly payment. The balance outstatnding on my mortgage is £29.7k and they want £191 per month for the next 18 years. Shoosmiths (Halifax's solicitors) had said that they will attend court and apply for a suspended possession order (SOP). I spoke to Shoosmiths yesterday and they said that they were applying for the SOP because of the arrears on the account. The Halifax have capitalised the arrears and extended the term on my mortgage. Firstly, is there anything that I can do to avoid a suspended repossession order? Secondly, Shoosmiths will charge me for the court costs and this will get added to my mortgage, they have paid this, I presume. Can I get this fee refunded as I am on benefits. Many thanks.

The LL has sent me a section151 notice seeking possession. He has already sent a section 21 notice is april. I thought that nothing else can be sent until the section 21 notice expires which is on 27/8/2012. I have also found out that the LL has cancelled my deposit protection back in March which I understand makes the other notices null and void. I am taking him to court for compensation regarding the deposit and have been told that I will probably win, the other notice says that he will apply to the court for an eviction order after the 27.7.2012. plse help

Hi All, I have been going through the courts to gain possession of a room in a house from a non paying tennant, i had my court hearing yesterday and the defendant did not show up (he tried to adjourn hearing but his application was refused as he did not file a defence) anyway the judge gave me possession order and have received an "order for Possession Forthwith upon service of this order upon the defendant" does this mean i can start immediately to apply to the court for a baliff ? if so how long does this procedure take? Will the defendant be able to appeal and do you think he has any chance of success? any help appreciated.

I have been lurking for a year while battling with a company and would like to thank everyone for your posts. I was able to gather together information I needed to successfully ward off a possession. Question Edited Out due to someone coming to my aid ... within two hours!! WONDERFUL SITE. Thank You, El-enn.

Hi, Try to make this brief, my ex and I seperated 5 yrs ago and he ran up many debts, one I reluctantly agreed to have secured on my home soley in my name but the loan was in joint names, I struggled to pay the loan for a year, I have two disabled children and on income support at there carer. my ex refused to pay any amount to the loan or CSA or even see the children, he cleanly walked away. I went to the CAB and they contacted first plus and agreed a smaller amount which I have paid every month without fail for 4yrs, the arrears are now 8K and they want to start possession, they stopped taking payments in Feb2012 the CAB have tried to reneog with them but they havent responded, I have now gone to them with an offer of the orginal amount plus an extra amount of the arrears, do you think they will accept this, its been two weeks now and they havent responded, I thought under the laws they couldnt start possession if my mortgage is paid via DWP and if I make a fair offer they need to either accept or decline within 10days, is this correct.....I am at my wits end, this is making me very ill, I feel so let down that my ex could leave us in such a mess....I also feel its unfair...I have always paid the mort and paid my half of the loan, (which only has two more years to go)...I cant beleive we face loosing our home because of the debt he left behind.

Hi, This is a question about the correct process for me to apply for a Possession Order given the complex circumstances of the property's occupation. I am the new –since May- leasholder of a flat. It was only affordable for me because it comes with a complex occupier problem. Five years ago, when the property was inherited, the ‘tenant’ claimed to be regulated. From her figures, she was 12 when she took over the tenancy (she is currently 52.) That person does not live in the UK. I have a land registry document showing she owns a house in the USA. She is employed in a school in the USA and her name appears on their staff list. She has a Linked in profile stating that her work for the last 10 years has been in America. I have a screen shot of a facebook page where she says she is trying to earn extra money “to afford a trip to the UK in the summer as flights are really expensive.” She has not been on the electoral roll at the UK property for years –if at all. The property appears – according the current electoral roll –to be occupied by her nephew and his girlfriend. All information from facebook! The nephew registered a business at the property in August last year – as listed by Companies House. I went round to the flat and knocked on the door but got no answer. I popped a letter addressed to ‘the current occupiers’ introducing myself and explaining that I had no paperwork for a tenant in the property so could they contact me, by email or using the SAE, and let me know basic information about themselves – identities etc. their rent and any proposed leaving date etc. (it was a 1 page form with mainly tick boxes). I heard nothing so sent a recorded delivery letter to the registered company with a duplicate and new letter saying if I didn’t hear from them I would begin proceedings to gain possession of the property. I am not sure what notice to serve or possession order to apply for! As there is no Assured short hold tenancy it seems the Section 21 notice is invalid. As they did not forcibly gain entry they are not trespassers. The original tenant had no legal right to allow them a tenancy or license to stay – as she is not resident in the country. What is the correct process for evicting the occupiers? Can I apply for an Interim Possession Order for trespassers even though I knew someone was probably in the flat when it became mine – over 28 days ago? Are there any other grounds on which I can apply? Any help would be very much appreciated.

hi all just a quick one, it seems inevitable i will loose my home soon and would like to ask if all debts including county court judgements will be wiped off... Enough money in home to pay off mortgage and debts secured on it and i just wanted to make sure anything else would be written off after sale. Thanks Eggy12

Hi all I am in court on the 13th June. I have last week come to an agreement with my mortgage lender to pay back the arrears each month. I am in arrears of 6 months now since losing my job last year. The mortgage lender has said a suspended possession order will be issued BUT what i want to know is will the judge agree to this and could i still lose my home???? The thing is also is that i have a young daughter and i bought the house with her dad back in 2007, we split when my daughter was 8 months which was in 2009. Since then her dad has not made any payment to the monthly mortgage payments and hasn't responded to any letters or calls from the lender or their solicitor. He has said that he has filled the forms in from the courts and he is going to the hearing if he has to but will this affect me and will his actions look bad on me??? Also will the judge order him to pay towards to arrears??? Sorry if this sounds a little confusing, any help would be a great help.

I have a court date hopefully being postponed from 25 October to 1st November...... are there any court buddies in or near Bristol? We have a solicitor on legal aid but it doesn't provide for her to attend court with us

The ECHR in September gave a final decision on a case that has been running through national and European courts for 10 years - Kay v United Kingdom, originally Lambeth Borough v Kay and others. The ECHR was asked to decide whether occupiers of land should have an opportunity to contest possession orders made against them on the ground that such orders were disproportionate, taking into account the personal circumstances of the occupiers. The challenge was made under Article 8 of the Convention. In finding for Kay the court said that "the loss of one's home is the most extreme form of interference with the right to respect for the home. Any person at risk of an interference of this magnitude should in principle be able to have the proportionality of the measure determined by an independent tribunal in light of the relevant principles under Article 8 of the Convention, notwithstanding that, under domestic law, his right to occupation has come to an end." The ECHR concluded that the decision by British courts to strike out the defence meant that the procedural safeguards for the assessment of the proportionality of the interference were not observed. As a result, the applicants were dispossessed of their homes without any possibility to have the proportionality of the measure determined by an independent tribunal. Although this case was to do with Social Housing tenants, the above paragraphs must apply to any claim for possession including those against private tenants and mortgagors. In fact only this week I used it in assisting a friend to appeal a possession and eviction order gained by Northern Rock. There were other grounds and the decision was made without a hearing, so I cannot tell how much weight the judge gave to this particular ground, but it seems to me that this must now become an essential consideration in all possession proceedings.

I am a landlord and a month ago I served my tenant with a Section 21 notice - which still has a month to run. The tenancy agreement is a AST (periodic). In the last month, the tenant has become 2 months in arrears in rent payments and I am considering a Section 8 notice on the grounds of arrears, persistent late payment of rent and noise/nuisance to neighbours. I am considering this because I believe that the tenant will either: 1. Do a runner - and leave without paying the arrears. The damage deposit will not cover the damage to the premises and the outstanding rent. 2. Refuse to vacate at the end of the Section 21 period and also not pay rent whilst I sort out a Court order - thereby increasing the arrears. I am confused and unsure about which Notice - i.e. Section 21 or Section 8 - will be the most effective. Questions: Can I do both? What is the procedure for recovering arrears following a Section 21 process? Which is the most effective in terms of removing the tenant and recovering unpaid rent? Any help much appreciated.