We had a suspended court possession order 2 years ago, in which it was agreed that we would pay an extra £250 on top of our mortgage payment. This was captilized in July. Since then we have been slightly behind with our payments to the building society maybe 7 or 8 days but we are upto date with monthly payments. We have had a letter from Abbey National Sociltors (Hamleys) saying they are re-enstating the arrears and we have to pay within seven days or they are going to enforce the order. I cannot afford to pay the full arrears as it is £17,000. Do you think they will accept if we start paying the extra £250 again. We have spoken to abbey but they do not want to know. They say it is in the hands of the solicitor. Also bearing in mind we have at least £70,000 equity in the house. Can we go back to court and speak to the judge, as I believe they can enforce a order without going back to the courts. Anyones help would be much appriecated as I am worried sick.

-- Caroline Hui (carrots@onetel.net.uk), January 07, 2004

Answers

Write back to the solicitors and say that you have kept to the terms of the suspended possession order and are up to date with the order. See what they say in reply. (or phone them)

If they do insist on enforcing the order what will happen is this. The solicitors will request a Warrant of Possession and the Bailiff will either visit or send a letter telling you when the eviction will take place. At that point, within the day, you make an emergency application to suspend the warrant of possession. There will be a short-listed hearing within 2 to 3 days all arranged by telephone usually at which you will be able to make your case to the judge.

If what you say is true and accurate, I cannot see a judge not suspending the warrant and I am 99% sure that the warrant will be suspended. You MUST, absolutely MUST attend the hearing - if you don't, the judge will strike the appliation out.

You say the arrears were capitalised in July. I express surprise that once the AN have done this, that the arrears can be "uncapitalised" in this way and this is something you can further raise to the judge.

If Hamleys stance is that you are consistently 7 to 8 days late in paying but nevertheless are up to date - you can no doubt find an explanation for this (i.e. wages come in on certain date etc.)

You need to deal with this urgently or get somebody to deal with it for you - the CAB might help and have some clout - likewise it might be a good idea to instruct a local solicitor.

I appreciate you are worried about this, but at the expense of stating the obvious, you also need a Plan B in the unlikely event your application to suspend the warrant does not succeed.

Please do let us know how you get on.

Best of luck!

-- David J. Button (davidjohnbutton@supanet.com), January 08, 2004.