Urgent: Recieved Possesion Claim

[Mephistopheles]

Ok monster, I will try to help as well.

 

Judging from the documentation, you are in arrears with the mortgage and the lender has taken you to court to secure a possession order for those arrears.

 

First things first, a possession order does not mean eviction straight away, it is an order for possession of the property but it can be suspended in different ways.

 

Secondly, can you pay the mortgage? what is the reason for the arrears and is there a likelihood that you can pay them?

 

PM me if you want

[Mephistopheles]

Can i request that the person who set the agreement up, be present in court. As he is obviously mis informing his solicitors & they do not know the what they are writing.

 

 

Hmm, unlikely, unless you are actually disputing the terms of the possession order.

 

Given you are making a proposition to pay the interest and an amount from the arrears the judge is likely to look favourably on this and also that you are trying to sell the land, he will want to know why Yorkshire bank wants to repo?

 

It may be that they don't but just want an order to strengthen their position with you.

 

When did you make the offer and have they refused it and said why?

 

As to the person who set up the agreement, the possession hearing is not that type of hearing, they'll send a representative, probably not even a solicitor, you will need to attend.

 

If you choose to defend the action, you will need to lodge a defence, careful as this can be costly if you lose as you could find yourself out of pocket for Yorkshires cost as well.

 

The particulars of claim you say are wrong, do you have the paperwork to back that up? Whats the date of the signed mortgage deed and the offer that went with it.

 

You could dispute it but be aware this is a technicality and often viewed as a stalling tactic.

 

The important bit to me is your proposal, if you are covering the interest and offering to decrease the arrears until sale, there isn't really any reason for them to enforce the order, more likely they will agree an SPO (suspended possession order) on this basis. That means you will keep paying on the proposition you've put forward until either the debt is paid or you sell, depending on what you put forward.

You must keep up those payments though, if you fail, they have the right to enforce the order, which means they don't need to go to court again, they just apply for a warrant from the bailiff to reposess. You can try to get that held off with an application but unless at that stage you look to reduce the arrears substantially, most companies won't listen.

 

All told I would suggest contacting them with the proposition and seeing what they say.

[Mephistopheles]

Ok i am filling in the defence form, and am stuck on question 6.

 

"Do you intend to apply to the court for an order changing the terms of your loan agreement (a time order)?"

 

There is no repayment plan agreed between the parties when the nil payments ended so i don't know how to answer.

 

 

The short answer is no you are not applying for a time order, that's a very specific piece of legislation which alters the terms of the contract so you agree to repay over a fixed period or give up the security, carry on with the rest of the form.

 

Simply filing a defence often gives companies time to pause and pass you to the defended litigation team who may listen a tad more than the normal collection peeps.

 

Meph