We have a suspended reposession order on our property. We have been late with a few payment and received notificvation from Mortgage Company Solicitor stating that we would soon be getting an eviction date from the bailiff. We could however put a stop on this by asking Mortgage Co how much they would accept not to proceed???

Can they do this....tough there is a suspended possession order i though they had to go befoe a judge and convince him we were not ahdering to the agreemnt??

Any info gratefully received....

-- Dave McLaughlin (dave@macker15.f9.co.uk), July 31, 2001

Answers

Whatever you do I'd encourage you to get someone else to do your typing for you.

-- (are_u_having@laugh.co.uk), July 31, 2001.

I am not sure of the ins and outs or detail but I am sure that you can force a court hearing by contacting the court bailiffs. The number will be on your eviction notice. At this hearing you can present your case and make a reasonable proposal as to how you will pay your arrears. Ask the mortg Co for their “not to proceed figure” by all means, but don't hold your breath in anticpation that they might be helpful. In the final analysis you are better off asking the court to consider your proposal as they can decide to accept your low but reasonable offer. Whereas the mortg. Co. will probably give you some ridiculous figure which, if you had it you would not be in problems in the face place. From what I understand courts will listen to any reasonable proposal. Depending upon the circumstances a reasonable proposal can include having the arrears added to the end of the mortgage or as little as 5 or 10 pounds added to the normal monthly payment. Hold onto you home. Anything might help i.e. Is your financial situation temporary – just changed jobs, etc? Courts won’t want to make you permanently homeless for a temporary situation. Even though you’ve been to court before. Fight!! I know someone who did and won! Speak to Citizens advice. Try this link http://www2.brent.gov.uk/phiu.nsf/24878f4b00d4f0f68025663c006c7944/bf3 74046559143b78025678c003aad6d!OpenDocument

-- jude (jude.adegbe@lineone.net), July 31, 2001.

Jude is right also under the mortgage code of conduct they cannot repossess unless there is no option and all avenues have been explored.The only way that they can argue is that if you are allowed to keep the property the debt is increasing.Are there other debts involved have you made arrangements with them are you paying inerest only!Check this site for the Norgan rule please feel free to e me direct if they get an eviction date as I may be able to help.But you bust get 28 days grace in any case

-- roger watts (rwatts.homeloans@virgin.net), August 01, 2001.