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Response to Woolwich Openplan "Openplan Reserve". Action regarding arrears.

from David J. Button (davidjohnbutton@supanet.com)
When the claim form is sent in to the court by your mortgagees solicitors, it will have to set down among other things, the monthly payment amount and specifically state how much of this you are in arrears.

The claim will seek possession on the ground of the arrears - when you fill in the response form, you will have to say how you intend to pay these arrears and will have to admit the claimant's right to a possession order.

You absolutely MUST attend the hearing - the judge will then suspend the possession order on terms that you pay £x per month off the arrears plus the ongoing monthly payment. Also, a judgment will be handed down for the full amount of the outstanding mortgage including the arrears and costs - this, like the possesion part of the order is suspended and will not take effect if you keep to the terms of the order which becomes unenforceable once you have cleared the arrears at which point both orders lapse. The judgment will not appear on your credit file, neither will the repossession as they are both suspended.

If you can show there is confusion over what is actually due, and that there was delay in the mortgagees solicitors advising you of the correct amount of arrears they want, you might be able to argue that they were wrong to take you before the court and have the case thrown out - but this is an unlikely step if you have clearly missed say three months payments and should know you are in arrears even if not by the exact amount.

(posted 7584 days ago)

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