suspended repossession order problem

damcken

Six months ago we were given a suspended repossession order and a judge orderd a review after six months ,we have duly paid each month since the only problem occuring when the mortgage company set up the direct debit for £42.00 less than it should have been. Six months has now passed and we have a court date that assumed was the review but today we have recieved letters from our lenders solicitors with a witness statement that seems to sugest that they are taking us to court gain posseion of our home as the last statement is : I respectufully ask the Court for an Order for Possession of the defendants property.

Any advice would be very welcomed as we thought we had done everything we needed to by keeping up with our payments
Thanks in advance

DVardysShadow

Looks like you were set up to fail and fell for it. Are you able to make up the shortfall?

You should certainly make the point in your response to the court that you have paid every direct debit taken by the lender and that you trusted them to take the ordered amounts - that the lender is acting unfairly by taking advantage of a technical breach of a previous order which arises from the lender's own default - and that the lender has not made any request for the amount alleged to be short.

damcken

The incident with the direct debit only happend once and the shortfall was payed as soon as we were notified of it we phoned the lenders solicitors and the accepted it had been a mistake on their end.
We were only on the phone to them a fortnight ago to check every thing was ok and they told us everything was paid and up to date and there were no problems but suddenly today(conveniently a saturday so we cant contact them) we get papers informing us they are going for repossesion.I just cant understand that even though weve done everything asked of us and just as we are getting back on our feet after a bad couple of years we still end up in this postion.

SouthCoast

Shelter provides a free, national telephone advice line staffed by trained housing advisers. We have helped thousands of people, from finding them a place to sleep to suggesting how to handle mortgage arrears.
Ring 0808 800 4444

8am-8pm Monday-Friday
8am-5pm Saturday-Sunday

http://england.shelter.org.uk/get_advice/repossession

DVardysShadow

damcken wrote: »

The incident with the direct debit only happend once and the shortfall was payed as soon as we were notified of it we phoned the lenders solicitors and the accepted it had been a mistake on their end.
We were only on the phone to them a fortnight ago to check every thing was ok and they told us everything was paid and up to date and there were no problems but suddenly today(conveniently a saturday so we cant contact them) we get papers informing us they are going for repossesion.I just cant understand that even though weve done everything asked of us and just as we are getting back on our feet after a bad couple of years we still end up in this postion.

OK, you MUST respond to the court papers, otherwise, they might continue with their mistake and get a possession order. Something along the lines of 'Lender's solicitor has issued papers in error. Court order of <date> has been complied with - an initial shortfall of £42 arose from the lender making an incorrect direct debit. This was resolved at the time. No other non-compliances have been notified to us.'

Farmerbob

The court wont allow a immediate possession order if you have maintained the payments as per the order, they will likely grant a further Suspended Possession Order. Even so i would issue a letter to the court advising that the order has been maintained and give the mortgage company a call just to check their intentions, they may have the intention of going for an SPO again and incorrectly completed the witness statement

Rgds