Possession Order

goldenbo

Hi, not posted on here for a while due to life working out for once, but alas over the last couple of months it has got more difficult.

I am with a well-known Mortgage company, and slipped into arrears of 4,500 odd in the past couple of months due to personal issues and working abroad, thus missing out on communication - which was my fault, although it had been rather difficult to obtain any letters or calls.

The company has commenced proceedings and I have a date through for end of Jan. I have come back to UK to deal with it all.

I managed to pay off 1600 this week, and have agreed for another 1000 later next week. I can pay off remaining arrears by end of month and have filled out personal budget forms.

HOWEVER, the company refused to say that would be the end of the matter if all cleared by January, despite their Solicitors letter saying court date would then be adjourned and no attendance would be needed. This could be due to only one payment being on time since August (was never late prior to then, two years into agreement), I understand that.

For piece of mind @ this time of year, though, it would be very helpful to hear of others previous experience with this situation. Will it still really go to Court if arrears have been cleared by end of this year? Also there will have been another payment on time by end of Jan too?

Any advice greatly appreciated guys, thanks in advance.

teabody

I am afraid I have no experience but have replied in support and hope that the outcome is less bleak than they suggest. Surely if you will be up to date then they will be unable to repossess. Fingers crossed for you and I really hope that your actions will have turned it around and I have no doubt that someone on here will be able to advise you. Keep us posted.

StrawberryJam132

Hi goldenbo,

I'm also sorry to say I've had no experience with this sort of thing, but want to offer my support. This is the worst time of year to have things hanging over your head. I really hope it all gets sorted. I'm no expert in this, but I've had companies demanding money with debt collectors etc. The best thing I did was get a solicitor and worked up a storm. 'I'm disgusted... I've paid huge amounts within a month & complied in every way... What more do they want from me?' etc. Complaining via their social media website always helps too. They're all about image. Hope this helps a tiny bit?

Keep your head up & forget it for Xmas.

SJ X

kylie1dw

Hiya
Enjoy your Xmas and don't let it worry you. I was in a similar position a few years ago, mine did go to court as I still owed 6 months on the court due date but got it thrown out in a technicality.(all paid off now).
As far as I am aware you need to owe a minimum of 3 months before they can apply for possession, so if under that the court will take a dim view.
So if you have paid by then there is nothing that can do, and the adjourned but just means if you get three months behind they can reinstate court proceedings, but basically it will be the end of it.
Point of note if you owe one penny less than a months payment they can not charge you arrears fees
Enjoy Xmas

goldenbo

Some nice replies there, thank you very much x

Goldiegirl

If the arrears are cleared in full, and subsequent payments are received on time, there would be absolutely no point in carrying on with possession proceedings.

The judge will only grant them a possession order if the account is in arrears. As the account would be up to date, the judge would refuse to give an order, and would probably comment that they had wasted his time.

If you clear the arrears and keep the account up to date, you are no longer in default - any reasonable lender would stop the proceedings. Just be aware that you have to pay their costs, which they will debit to the mortgage account