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Response to Blemain - repossession proceedings 2 months arrears

from David J. Button (davidjohnbutton@supanet.com)
Rule Number 1 - GO TO THE HEARING - this takes precedence over everything, life death and marriage. Going to the hearing is the only way you will end up with a suspended possession order. So cancel all appointments, go sick that day off work - do whatever it takes - BE THERE!

You aim when it get to the hearing is to achieve a suspended possession order and a suspended judgment for the whole of the mortgage debt the latter figure will be in the summons. Taking possession proceedings at one months arrears might on the whole seem justified as you are now a further month in arrears and you might not get away with saying it is unreasonable for the proceedings to have been commenced when you owed 1 months arrears as they could say, with justification, you have increased the arrears as they "thought you might"

The judge is bound by the Norgan rules in that you must be allowed the full term of the mortgage to pay any arrears off. It is sensible if you take with you a proposal on a spreadsheet showing your income and outgoings and that you can afford to pay the ongoing monthly payment plus £x off the arrears each month. You will be in the court (private room with you and judge and opponent there) less than 5 minutes as these things are more or less rubber stamped through.

Good idea to sek out the rep for your BS at the court and have a chat with him/her and show your spreadsheet etc., as clearly if you can agree what you both want before you go into the room, it helps the judge and also will relieve your tension as you then know what the outcome will be before you go into the room.

You will then get a suspended PO and a suspended judgment (which does not appear on your credit files) and these are only made "unsuspended" if you fall into further arrears at which point also you are likely to lose your home through eviction.

Make sure that you are claiming any benefits you can including any child or working tax credits and that any person living with you is doing the same. Run a check with the local CAB or Welfare Rights office if not sure.

Let us know how you got on.

(posted 7511 days ago)

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