If you have missed payments but have not yet received a court summons or hearing date see the article Arrears & Early Stages of Repossession – Actions You Can Take.
Stage 3 – Repossession Proceedings
The timings varies, but after around 4-6 months or more of arrears, the lender’s solicitors will issue Repossession Proceedings with the County Court. Once the court has received this instruction, a hearing date wil be set.
Action you can take:
Make sure you :
Complete and return the Court summons. Complete the reply form recived from the Court stating your intentions e.g. that you wish to remain at the property. Include as much detail as possible about your income and outgoings as the court will require evidence that you can meet the current monthly instalment and an amount towards the arrears. At this stage you could also include a letter and a copy of any supporting information you feel relevant (such as conversations or attempt negotiations to reach agreement with your lender). Send the form back promptly to the court (take it by hand if you can) and keep a copy for your records. Remember to make a note of the hearing place, date and tiem and make any arrangements so that you can make it.
Try contacting your lender. Offer to pay the full regular monthly payment for the month together with a contribution towards the arrears if you can afford to. They may agree to suspended proceedings (known as a suspended possession order – see stage 4) on reciept of these payments, provided they are received before the hearing date. Make sure you attend the hearing. Sometimes lenders will tell you that you have no chance of suspending proceedings, but it is not their decision, it is that of the judge. Even if an agreement has been reached with your lender you should still attend. If you do not attend, the court has almost no alternative but to order possession against you.
Offer to pay the current instalment. The hearings are in private chambers and the District Judge will help you by asking relevant questions. If you wish to remain in your home, make an offer to pay the current monthly instalment, and an additional amount to clear the arrears. If the court is satisfied that you can maintain this, the District Judge will grant a Suspended Order for Possession enabling you to stay in your home.
If you do still need to attend the Court Hearing itself, see the Court Hearing article, Stage 4.
