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suspended repossession order problem


danmckenzie
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Six months ago we were given a suspended repossession order and a judge orderd a review after six months ,we have duly paid each month since the only problem occuring when the mortgage company set up the direct debit for £42.00 less than it should have been. Six months has now passed and we have a court date that we assumed was the review, but today we have recieved letters from our lenders solicitors with a witness statement that seems to sugest that they are taking us to court gain posseion of our home as the last statement is : I respectufully ask the Court for an Order for Possession of the defendants property.

The incident with the direct debit only happend once and the shortfall was payed as soon as we were notified of it we phoned the lenders solicitors and they accepted it had been a mistake on their end.

We were only on the phone to them a fortnight ago to check every thing was ok and they told us everything was paid and up to date and there were no problems but suddenly today(conveniently a saturday so we cant contact them) we get papers informing us they are going for repossesion.I just cant understand that even though weve done everything asked of us and just as we are getting back on our feet after a bad couple of years we still end up in this postion.

Any advice would be very welcomed as we thought we had done everything we needed to by keeping up with our payments

Thanks in advance

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When is the court date?

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OK, it would be a good idea to take a statement into the court next week so the judge can read it before the hearing. Are you able to get proof of all the payments you have made since the suspended order? so you can affix to the statement to show the court you have kept to the arrangement. You would also explain in the statement what happened with the direct debit error. I can help you draft a statement if you need me to?

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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