Suspended possesion order

sundays

For those that dont know im a discharged BR, i got a SPO for mortage arrears in july 2010, i cleared them in full via a family member in march 2011. Property is safe following BR as im up to date on the mortage and OR is not intrested in it due to neg equity. i want to remain.

The bank wont remove the SPO , even though the account has been clear for 14 months is this correct, they save it lives for the life of the mortage.
When i did pay it off, i was told by many staff the SPO (6) would be cancelled , it was concluded by the ombudsman that was communication errors only but they refuse to comment on the legality of the spo remaining.

sundays

bumpbumpbump

Gimpsdad

The suspended order is a court order, it is as simple as that.

NeverAgain_2

I wonder if the order means you have to keep up the agreed repayments on the mortgage, irrespective of whether the account is in arrears or not.

That would explain why the lender can say to you the order stays for the life of the mortgage.

Can't take the lender's word in these situations, so I would contact the court which made the order.

Explain that as far as you are concerned, the reason it was made - the arrears - no longer exist, so you would like to apply to have it lifted.

You may be lucky and get to speak to a member of court staff who has come across the situation before.

They don't give legal advice as such, but may be able to give some info on whether a suspended repo order can be lifted in your circumstances.

sundays

Gimpsdad wrote: »

The suspended order is a court order, it is as simple as that.

maybe you would like to advise further. very abrupt response, and not that helpful.

ive been around in circles with this for 12 months, i didnt need to pay off the arrears in full they were 20 pound pm a family member paid then before my BR.

In social housing ie a tenant of a hsg association/council if arrears are cleared the spo order is quashed so i was hoping for a legal eagle to answer , mortages are time framed where nothing else is.

im not that bothered but with a spo, on a pound arrear they could go for a baliff warrant , and that is why i want it lifted.
i want to protect myself.
Even the manager of the collections team admitted she was wrong it stating it would be lifted it was the legal team at barclays that refused to lift the SPO when all arrears were clear and there have been none for over 14 months.

sundays

Gimpsdad wrote: »

The suspended order is a court order, it is as simple as that.

so if your write why havent they chased me for the added amount. the court doesnt know ive rang at least 6 county courts in pretty high demand areas.

Gimpsdad

Hmmm, having re-read that I do see where you are coming from so apologies if that came across as abrupt.

The point I was trying to make was that the mortgage company itself cannot override the court order, and so therefore it is still live. It is also true that any slip into arrears again could potentially mean that the mortgage company could enforce the warrant, and an eviction notice be issued. That is more theoretical than anything else, as it wouldn't happen given the circumstances you describe, but technically possible.

The order also theoretically lasts for the life of the mortgage, but in practice is enforcable for 6 years, however as you are not in arrears it doesn't matter if you aren't sticking to an order that may see you paying normal payment plus, say, a little extra each month.

At the moment you have nothing to fear, but you could, I suppose, fill out an N245 form to get the terms of the court order varied.

teeni

Hi I work in this field, representing house holders and tenants in court possession hearings and often have clients ask what happens when the arrears included in an spo have been cleared.

The fact is the courts are reluctant to remove the SPO as a breech in the future would result in further costs which for possession proceedings can be huge. ( there is case law supporting this )

Whilst you had no need to clear the arrears in full and could have continued on low instalments this would have resulted in you having additional costs and associated interest added to your debt.



Provided you maintain the payments you will not have a problem but should you breech the order at any time during the remaining mortgage term they can apply for a baliifs warrant BUT you can apply to court to suspend a warrant if this should happen in the future.

The way around this was at the original court hearing where the spo was granted where you could have asked the court to order that upon the clearance of the debt the order ceases to be enforcable with out order of the court, but it is very rare this is granted I think i only have seen it once in the last 10 years.

relevant case is Halifax plc v Taffs

sundays

Thank you, that is wonderful.