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Getting a suspended posession order discharged


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Was in Court earlier this month, facing a second eviction date.

 

N244 submitted, and the eviction was suspended.

 

I've managed to get the lender to extend the term of the mortgage. It's reduced the CMI by £150 so that is going at the arrears as well now.

 

The arrears were rather small compared to some at £2100, they are now £1800.

 

By Christmas I should have them cleared. Can I then get the suspended order discharged?

 

I don't like the way they can just get an eviction date whenever they feel like it.

 

What if I'm on holiday? Ill? And don't have time to react to it.

 

Also, is it possible to claim back some of the fees on the mortgage? I have read some confliction advice regarding this.

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You will have to keep your mortgage account up to date for at least 6-9 months after clearing the arrears before the mortgagee will agree to lift the order. If they don't agree after that time, you can return to court to ask for it to be lifted, however, without at least a decent period of consistent payments on time, the court will not change the order.

 

Which fees are you hoping to claim back? If it is fees for litigation, unlikely. If it is for late payment charges etc, then there are other threads on the forum detailing how to do that.

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you can return to court to ask for it to be lifted
Apologies for jumping in, but what is the procedure for requesting the court to lift the order please? Thx. t
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  • 2 months later...

So, an update.

 

The bank actually capitalised the arrears back in November, when they were at around £1000.

 

I've made Nov, Dec & January's repayment in full + £165 & on time each month.

 

Is it just a case of asking them to agree to cancel the posession order?

 

If/when they refuse, what is the process with regards to going back to court? I've searched all over the net and cannot find anything.

 

Thanks

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  • 3 months later...

Hi, All (Again)

 

Kept upto date with all payments. Have even being paying extra each month to get the mortgage paid off as quickly as possible.

 

However, my request to the lender to have the Possession Order Discharged, Cancelled etc was refused, citing the "Banks financial interests"

 

I've searched high and low to find an answer as to how I go about applying to the court.

 

I found somewhere that I had to file a notice of discontinuance, I found that form on the court website and that seems to be related to family matters, not what I need.

 

Any help would be hugely appreciated!

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Hi, All (Again)

 

Kept upto date with all payments. Have even being paying extra each month to get the mortgage paid off as quickly as possible.

 

However, my request to the lender to have the Possession Order Discharged, Cancelled etc was refused, citing the "Banks financial interests"

 

I've searched high and low to find an answer as to how I go about applying to the court.

 

I found somewhere that I had to file a notice of discontinuance, I found that form on the court website and that seems to be related to family matters, not what I need.

 

Any help would be hugely appreciated!

I am no expert, but I suggest that you ask in your local court for the appropriate form to complete. Hopefully, someone with mor knowledge in this area will be along to help. I had a quick look on the court web site, but could not find anything other than a N244 form which is a general application, this may help? t

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  • 3 weeks later...

I dont know if this will be of any help - but I have recently been through a full reposession was actually reposessed and then given back the property same day. paid off arearrs following day in full and actually am in credit on my payments now (hoorah!) However, when I asked the mortgage company why they wouldnt withdraw the posession order they told me it would stay in force for 6 years and if the arrears accrued again they could automatically go for posession! I am in limbo at the moment but awaiting on the ombudsman before I go direct to court to see if I can get it overturned - so guess your best bet is to speak to the court that issued the warrant for posession.

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