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Court Action

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Well i just get my unsecured debts under control with the help of Payplan and get a telephone call today from Paragon who have decided to take repossession proceedings against us £2,000 arrears and £35,000 debt i have agreed to pay them £600 per month but they wont stop the court action.

Does anyone know what te chances are of me going to the court and getting the court to agree a suspended possession order, pending payment of the arrears at an agreed monthly amount. i have a child of 10 and an 18 year old living at home who is in higher education.

Any advice gratefully recieved
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Comments

  • Kevicho
    Kevicho Posts: 3,216 Forumite
    To be honest if the courts are involved it may be worth talking to someone with more authority such as the citizens advice bereau

    Give payplan another call as well
  • donnalove
    donnalove Posts: 574 Forumite
    is this your mortgage or is it a secured loan?
  • davek1
    davek1 Posts: 590 Forumite
    secured loan
  • Dave, I can't offer you any advice mate, but hope you get through this.
    Good luck!

    Mark
  • I would certainly get some Legal advice ;)

    CCCS would be a good start :A , but get down to the citizens advice bereau
    they will point in the right direction!
    :T :T

    Good Luck and post back!


    Regards

    K. :beer:
    If you want to see a rainbow, you have to get used to the rain.
  • davek1 wrote:
    Well i just get my unsecured debts under control with the help of Payplan and get a telephone call today from Paragon who have decided to take repossession proceedings against us £2,000 arrears and £35,000 debt i have agreed to pay them £600 per month but they wont stop the court action.

    Does anyone know what te chances are of me going to the court and getting the court to agree a suspended possession order, pending payment of the arrears at an agreed monthly amount. i have a child of 10 and an 18 year old living at home who is in higher education.

    Any advice gratefully recieved

    Just my opinion I am not a legal person.
    If you can repay £600 pm towards just this debt then there is no way that Paragon will get possession of your property. It just might work in your favour by showing the court what a***holes they are for continuing with their action.
    However if you default on the new arrangements then the court might not be too lenient towards you.Please take proper legal advice.
  • Xbigman
    Xbigman Posts: 3,915 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Firstly the bad news. A secured loan and a mortgage are the same thing. And you must pay all secured debts before handing anything over to unsecured creditors.

    The good news, the court will look for all sensible alternatives to taking your property. Write to the court and get the hearing moved to a local court. Let them know you are attending and will defend the action. You need an income/expenditure situation where you can pay all unsecured debt plus something off the arrears (£50 to £100) *AND* you can pay everything you have agreed with your unsecured creditors. If you are not in that situation now then you need to go to court and make the offer as above but you will have some tough renegotiation to do with your unsecured creditors. Don't worry about that now, sorting out your secured creditors is more important.

    I can go on with 'what ifs' but if you post your current debts and free income details we can see where you stand.
    Regards



    X
    Xbigman's guide to a happy life.

    Eat properly
    Sleep properly
    Save some money
  • AGB863
    AGB863 Posts: 521 Forumite
    Part of the Furniture 100 Posts
    When you go to court, you can get the court to accept that you are prepared to pay towards the arrears over a reasonable time frame. This is normally accepted to be 24 months, but we have managed to get 30 months.
    over 24 months you would be paying about £85 each month plus the amount of money for the secured loan.

    The fact they are going to court is to get the repossession order, which as others have said you can get suspended as long as you can repay the arrears + the on going loan costs.

    You will need to seek advice from CAB or other reputable advice organisations who are prepared to be at the court with you.
    I am a debt counsellor working in the voluntary sector - we don't charge our clients for the work we do!
  • Conor_3
    Conor_3 Posts: 6,944 Forumite
    Also, a repossession order doesn't mean they're going to repossess the house, merely that it is a stick to beat you with should you fail to meet payments.

    With the levels of debt in this country, County Courts try to do everything they can to help the defendant.
  • suffolkb
    suffolkb Posts: 1,299 Forumite
    5 years ago,I owed Paragon £850.They sent round an advisor to talk to me (i had to pay for this).I explained that i had been in rehab for nearly a year and was now on incapacity,but had my flat under offer and would clear my debt with the proceeds.The advisor seemed happy with this and said he`d submit his report to Paragon.
    Paragon still took me to court for a repossession order.The magistrate was not amused with their representative and gave me 3 months grace to complete the sale of my flat.Fortunately,the sale went through.There were at least 2 other people after me facing repossession from Paragon.
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