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DanielF

Can you cancel a Suspended Possession Order?

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Hi everyone.

I hope I've put this question in the right place. 

Due to illness, I was unable to make payments to my joint mortgage  and obtained a Suspended Possession Order six years ago. Except for one blip about 4 years ago, I have cleared the arrears and made my monthly payments on time ever since.

 

Can I cancel this order and if so, how do I go about it?

I read somewhere that it was possible, but couldn't find the information. Maybe I was mistaken.

Many thanks.

Daniel F

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You cant cancel a SPO ...you can set it a side if you have grounds or if it was gained under false pretences...but reading your post...you did have arrears and you have had one blip....therefore the SPO remains for the remaining term of the mortgage.

 

Regards

 

Andy


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Thank you Andy

I had read that if the arrears have been cleared, you could apply for a notice of discontinuance.

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Afraid not......Repossession or Possession Orders remain in force indefinitely once arrears have been made...but if you never default again and the suspended possession order is more than 6 years old and the Claimant seeks to make the possession order outright, they will need to the consent of the Court before doing so.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Thank you Andy.

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