I had a possesion order made against me and consequently a warrant of possesion was issued for the property and arrears incurred, I have now fully paid off the arrears i.e nil arrears hence the warrant was withdrawn by GMAC. The Solicitors & GMAC. both claim that the initial order made against me will still stand for 6 years and that should I fall short in future they can go ahead and issue a warrant without asking for a new possession order. This I think is wrong 'cos the initial order has now been settled hence it should lapse. CAN ANYBODY HELP ME OUT HERE?

-- Femi (fol25@yahoo.com), November 22, 2004

Answers

Hiya,

As far as i am aware, having been through this minefield myself, once you have cleared the arrearrs the suspended order ceases. If you fall behind again, they have to start from the beginning, ie; seek another order which gives you time to go to court and get it suspended again, i have been through this about 3 times in the last 8 yrs! I have been told by the solicitor that was acting on behalf of my bank, that if you only owe 2 or 3 months arrears, they cannot legally touch you, but how true that is, i am not sure. Hope this helps. Jane.

-- jane (janey1@emailaccount.com), November 30, 2004.