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tedney

HBOS Possession Claim from 2006

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I had a SRO for my house in January 2007.

I made payments as per the order, and the mortgage company wrote to me in August 2008 and confirmed that they considered the account "regular".

They added the arrears left at that time to the outstanding morrtgage balance.

 

In December 2009 the mortgage company confirmed that the account was up to date.

I have not missed any payments since the order and have also paid some extra monies when I could afford to.

 

On checking the court file on line the other day, I noted that the case was still "live", in that there had been some minor administrative entries from the court recorded on the file last year.

 

My question is

how long will the court record remain "open"?

It does not appear on any of my records with the CRA's.

Is there a procedure for "satisfying" the order as with a CCJ?

 

Any views/help welcome.

 

Thanks. t

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You can apply to the court to have the SRO removed.


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Hello

I understand from research on here that I have to complete a form N244 to apply for a possession order to be set aside.

 

My question is:

Is there a template for a draft order that I can attach to the form please?

If so, could someone post a link here please.

 

Presumably I can attach a copy of the lenders letter to me,

confirming that payments are regular,

and I can confirm that they have been for 8 or so years.

 

Will I have to pay a fee for the application too?

Thanks in advance. t

 

OK have completed N244 now, how is this for a draft order,

 

simply one line:

The Order of Possession dated **th ****** 2008 be set aside.

 

Obviously claim and court details as a heading.

 

Will that be sufficient.

Statement of case stated in N244.

 

Advice please.

Thanks t

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Update

I have now spoken to the court, who have informed me that, in their opiniion, the claimant (mortgage company) would have to re apply for a suspension order, as 6 years have elapsed since the initial order, so there would be no "immediate" possession order granted without re applying to the court.

 

They advise to contact CAB or A.N. Other to seek advice, if I am concerned that the suspended order may effect me financially or otherwise.

 

Just thought I would post up on here, for others to see or comment. Thanks. t

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Yes, it's true that the mortgage company would have to re-apply as more than 6 years have passed


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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

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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Thanks for that Ell-enn, saved application fee!

I think I will just leave things as they are. t

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I think you're right to leave it - if there's nothing relating to it on your credit file then it's not doing you any harm

  • Haha 1

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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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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BoS issued a possession claim to me on a property in December 2006.

At the court hearing a payment agreement was made, and I have kept to that agreement.

 

The Court is still showing on line the claim as "live" in that details are still showing.

Should I be concerned?

 

I want to sell the property soon, could this affect the sale procedure?

 

Any help and suggestions welcome.

Thanks

t

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Hi Tedney

 

I have brought forward the original thread for history.

 

It quite normal for the claim to remain live....but as you have been previously advised unless you have defaulted within the 6 years a new application must be made.

 

As this now finished  ?

 

Andy


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Thanks for that Andy, I had forgotten, sorry!

Yes all finished about repo now, but I will be checking the file for excess charges when I defaulted, hope I am not too late?

Thanks Again

t

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