Repossession
Mortgage and Rent
If arrears of rent or mortgage
have grown too high the lender or landlord may apply to the county
court to gain repossession
of the property.
You will receive papers from the court giving details of the claim,
and a date and time for a hearing at the county court.
It is always advisable to attend court. You may take a representative
if you wish, and your local CAB or advice centre may be able to
help you.
The court hearing is your last chance to make an offer of payment
to clear the arrears. The district judge of the county court will
listen both to you and the creditor, and s/he will make a decision
based upon the facts and the law.
The court will always offer you a chance to resolve the problem,
even if the lender/landlord has not previously accepted your offer.
If your offer is accepted, possession will probably be awarded,
but suspended so that the arrears may be repaid as agreed, which
means that you will not lose your home providing you pay as agreed.
If your offer of repayment is insufficient, possession of the
property can be ordered and eviction could take place at a later
date.
Items on Hire Purchase or Conditional Sale
If under one third of
the balance has been paid, the goods can be repossessed without
a court hearing.
In other cases, the creditor must seek a 'return of goods order'
from the county court, and as above you will have a chance to attend
court in order to make an offer of repayment and to have the repossession
suspended. |
