Removing A Possession Order

PaulMNorth

Hi Guys,

I hope you may be able to help with this. I lost a job a few years back and fell into arrears with the mortgage. At that point the lender applied for a possession order which they got. While they were doing this I found another Job, we went to court and the Judge and applied for a suspended possession order. This was granted and things were going ok for a short time but the company went into administration and I again lost my job.
The mortgage lender applied for an eviction date which they got. However, I was fortunate to be offered the money by a family member to clear the arrears and stop the eviction.

So as of now we have no arrears and are fully up to date with the mortgage. However, the lender have said that they will be keeping the suspended possession order in case I ever fall into arrears in the future they can simply apply for a new eviction date.
Baring in mind that the possession order was granted based upon those arrears which are now gone, can i apply to have that possession order (albeit suspended) to be removed and is it even legal for them to keep it based on a "just in case" scenario.

Thanks
Paul

t_in_atrance

Hi


If still the same mortgage, the suspension continues - but check the wording on the Order - was there no end date given?

Get some free legal advice as you may be able to apply to the court to have the Order adjusted to add something about the "suspended possession being struck out if no application is received from the Claimant to re-instate it is received by the court before 4pm xx/xx/xxxx.



Rather unfair for it to continue indefinitely. Then look into how the credit file can be amended / should appear.