Repossessions help???

[budobird]

I have received today an application from my mortgage solicitors stating that the claimant seeks leave to enforce the possession order dated 2006 in accordance with the CCR oder 26, rule 5, and the possession to remain enforceable for 6 years without the need for the claimant to seek further permission from the court. Can anyone please tell me what this means and an i going to get an eviction notice????

[budobird]

please some one help

[Lea_HTH]

It means that the order that was previously granted on your property has got 'stale' - in the sense that it is more than six years old. Possession Orders don't fade away, they just go stale and need to be 'refreshed', which is what your mortgagee is doing by applying to the court.

 

If you are still in arrears, then the likelihood is that the court will agree to refresh it, if you are not, or have been out of arrears for a substantial period of time and have now fallen back into arrears, the court may dismiss the application and tell the mortgagee to start the process from the beginning.

 

The likelihood is that the court will refresh it, and if you have not made an agreement to pay, then an eviction notice will be forthcoming at some point.

 

You can respond to the court paperwork when you receive it and file a defence.