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:confused:

[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

Edited July 9, 2008 by 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 SAR 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 SAR 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:confused:.

 

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

[Battersea Bulldog]

Judge ordered me to give up possession of my home based on a debt, which is disputed, not mortgage, in October 2006. I put various obstacles in the way in 2006 with letters. Nothing happened until this morning, I was severed with a Possession Order. Are there any time limits or restrictions when a Possession Order is served, in this case over two years from original order? Regards Battersea Bulldog

[vickson]

Hi Battersea Bulldog

 

Have you received an actuall eviction notice with a date from the bailiff, are you able to maintain payments plus extra to cover arears over a period of time.

 

If you answer these questions you may get some help with an application to suspend eviction, I have had over 7 eviction notices this is because my lender applies for a warrant even if I am a day late, bu each time i have applied to suspend eviction and shown that I can maintain payments and eviction has always been suspended as long as payments are maintained.

 

you will also get more responses if you start your own thread

[Battersea Bulldog]

Dear Cagger,

 

Thanks for reply. This matter is over a disputed guarantee I gave who have enforced the liability through the courts to a possession order. I thought the matter was in obeyance after they secured a legal charge on the property in October 2006. Does the creditor have to advise me under law of the outstanding debt before the end of each annual year. I have applied to set aside the Possession Order before an eviction notice has been issued trying to find some technical issue to dismiss the charge on the property. Regards Battersea Bulldog

[read]

Hi All,

 

I am very new to this so don't know if this is the right place to post.

 

I have been served with a Section 21 Notice and was given 4 months to find a property. Before receiving the Notice the Environment Dept got involved and called the Letting Agent. He was told then and there that "she's always complaining, she's out of here, I've just served her with a Section 21." Problem was: the letting manager didn't know who she was speaking to as she didn't give him any time to introduce himself.

 

Long story short, I had every right to complain as when the letting agent was ordered to supply Env. Dept with a current electric safety report the electrician couldn't do it as the consumer box was so unsafe. The Env. issued an Emergency Order for them to install new box; had I been in the property I would have been immediately made homeless. I have had sewage-like smells in both the kitchen and bathroom. My heaters have only been working on 1/3 capacity; 2 elements in each (3) have gone. I used to go to bed with my clothes on as I was so cold.

 

Despite the above, I am still being evicted. I have managed to find a solicitor who will be claiming compensation and to hopefully come to some agreement. Because I am on HBs I can't find any letting agent to rent to me.

 

I cannot find ANY grounds with which the landlord could apply for re-possession. I have never been behind in the rent, so no rent arrears. No damage to the property either.

 

Does anyone have any suggestions for me?

[Lea_HTH]

Hi All,

 

I am very new to this so don't know if this is the right place to post.

 

I have been served with a Section 21 Notice and was given 4 months to find a property. Before receiving the Notice the Environment Dept got involved and called the Letting Agent. He was told then and there that "she's always complaining, she's out of here, I've just served her with a Section 21." Problem was: the letting manager didn't know who she was speaking to as she didn't give him any time to introduce himself.

 

Long story short, I had every right to complain as when the letting agent was ordered to supply Env. Dept with a current electric safety report the electrician couldn't do it as the consumer box was so unsafe. The Env. issued an Emergency Order for them to install new box; had I been in the property I would have been immediately made homeless. I have had sewage-like smells in both the kitchen and bathroom. My heaters have only been working on 1/3 capacity; 2 elements in each (3) have gone. I used to go to bed with my clothes on as I was so cold.

 

Despite the above, I am still being evicted. I have managed to find a solicitor who will be claiming compensation and to hopefully come to some agreement. Because I am on HBs I can't find any letting agent to rent to me.

 

I cannot find ANY grounds with which the landlord could apply for re-possession. I have never been behind in the rent, so no rent arrears. No damage to the property either.

 

Does anyone have any suggestions for me?

 

 

You ought to have created a new thread - hopefully one of the site team will move this into a thread of its own.

 

A section 21 does not require you to have been at fault - a landlord can issue it at any time after the start of a tenancy agreement, but it cannot be executed until the first six months is up.

 

In effect, there is no defence to a s21. Whether you have a counter-claim or not due to the repairs issues you mention, the court will order possession of the property back to the landlord.

 

Given that you have a solicitor, I would have thought he/she would have explained this to you.

 

One query - what do you mean by 'if I had been there I would have been made homeless'? Have you already been evicted, or do you simply mean you weren't at home at the time of the problem with the electricity?

[read]

I understand the Section 21 however the landlord's agent made it a 'fault' when she accused me of complaining and that was why I was being evicted. The law is absolutely crazy; I'm doing the right thing in reporting that repairs need to be carried out all of which were not up to code. The LL is getting away with murder. How does the LL get away with this?

 

No, have not already been evicted; I wasn't home at the time of the problem with the electricity.

[Lea_HTH]

I understand the Section 21 however the landlord's agent made it a 'fault' when she accused me of complaining and that was why I was being evicted. The law is absolutely crazy; I'm doing the right thing in reporting that repairs need to be carried out all of which were not up to code. The LL is getting away with murder. How does the LL get away with this?

 

No, have not already been evicted; I wasn't home at the time of the problem with the electricity.

 

The agent just gave an opinion, it's not a fact in law and the opinion is irrelevant. The landlord can choose to evict anyone from their property by using a s21 and whatever their reason, it is the easiest way of getting their property back. Now the landlord may have ulterior motives - the fact that you complain about repairs may make the LL think it's not worth having you there - but I presume your solicitor has said you have a claim for that. The claim, if successful, would result in perhaps some damages being payable.

 

The law in this particular instance isn't 'crazy', it's just allowing a LL to regain possession of their property, which is absolutely their right, no matter what their reasons.

 

You are doing things the right way by issuing a counter-claim, so if there are any damages payable, I am sure that when the case gets to court, it will be resolved.

 

You were given four months to find somewhere new, which is two months longer than a s21 demands - and, of course, the added time that the LL has to go through court proceedings to get you out. You should check your tenancy agreement to ensure it doesn't include a clause that states you are responsible for your LL costs in any court action.

[Pockets1]

Hi, im really sorry im trying to add my own new thread but it wont let me. Does anyone know how i start a new thread.

I had a Possession Order suspended in January\Feb this year and made payments of £800 per month for 3 months as agreed. I then had a change in circumstances and paid slightly less than this for the past 2 months. I emailed my lender as was advised to always correspond in writing on 2/7/13. I didnt receive a reply. Then received a letter saying they had heard nothing from us and they are re enforcing the Possession Order and applying for an eviction date. We emailed them again confirming we had not received a reply to ours of 2/7 (which they now claim not to have received). They have said they will accept full arrears only of £2400 or they will go for eviction. Ive read on here theres a form N244 is that what I need to be doing.? We cannot be evicted its been our home 19 years. I am sooo worried. Anyone please advise what I can do next.

I have money here to make them a payment of £6-£800 but there seems no point in doing that right at this second as they will not listen to anything we say to try and resolve. Please advise.

[Pockets1]

Hi im really sorry still dont know how to contact you directly or add a new thread, Can you please advise me as my lender has applied for an eviction date as we had an order suspended earlier this year and we maintained payments for 3 months as agreed but we have been unable to meet the full payment past two months.

[Willbo]

Hi, im really sorry im trying to add my own new thread but it wont let me. Does anyone know how i start a new thread.

I had a Possession Order suspended in January\Feb this year and made payments of £800 per month for 3 months as agreed. I then had a change in circumstances and paid slightly less than this for the past 2 months. I emailed my lender as was advised to always correspond in writing on 2/7/13. I didnt receive a reply. Then received a letter saying they had heard nothing from us and they are re enforcing the Possession Order and applying for an eviction date. We emailed them again confirming we had not received a reply to ours of 2/7 (which they now claim not to have received). They have said they will accept full arrears only of £2400 or they will go for eviction. Ive read on here theres a form N244 is that what I need to be doing.? We cannot be evicted its been our home 19 years. I am sooo worried. Anyone please advise what I can do next.

I have money here to make them a payment of £6-£800 but there seems no point in doing that right at this second as they will not listen to anything we say to try and resolve. Please advise.

 

Hi pockets, I currently work in the financial services sector dealing with late payments on Mortgages and I can tell you that possession is very much viewed as a last resort, therefore if you have a proposal that ensures monthly payments will be paid which is more than what you current monthly subscription then a district judge will look favourably in your case so I would contact a solicitor as soon as you can or your local citizens advice bureau if you want some free advice on what to do next. An SPO should only be followed through where the customer has shown no intention to pay and arrears have spiralled out of control. It is callous approaches like this that bring a bad name to our sector.