I have been under an SPO for 16 months. I've recently missed one full payment, and the repayment from the one before (total £3,000). BoS have written a warning letter demanding the £3k within seven days, or they will instruct solicitors. Clearly they will get a date for a hearing in the County Court to execute a reposession.

Q1. How quickly are they likely to get a date (OK, CCs vary, but roughly?)

Q2. If I can pay all due (ie normal monthly payments plus £500/mth arrears repayment)after solicitors are instructed, but up to the CC date are BoS legally obliged to accept and withdraw procedings?

-- Simon James (tetrathlon@clara.co.uk), December 23, 2004

Answers

Unless the judge specifically stated that he wanted a hearing before any Suspended Possession Order (SPO) was acted upon, then I am afraid that all the BOS have to do is apply for a Warrant of Possession and that will be granted without any further appearance or hearing in court. The first you will know is that the Bailiff will either call or write to you to give you a few days notice that you are to be evicted. The timescale for this depends on how busy the bailiffs are - it can be a few weeks or it might be almost immediately they apply for the warrant.

Assuming that you for the 7 day warning today, (Xmas Eve), then they will expect payment by day 31st which is a Friday. If they send off the Warrant application say next working day 4th Jan 2005 and the court bailiffs can evict within 2 weeks, then you are looking at mid Jan 2005 for eviction.

That answers Q1. As to Q2 - you have breached the order suspending possession - even if you pay all that is due, the BOS is not legally liable to withdraw but they might. Put that to them quickly.

If it gets as far as a Warrant being issued, you will have to make an emergency appointment to see the judge on an application to suspend the Warrant of Possession. This usually takes place between the time you become aware of the warrant and the proposed eviction date. It is usually arranged over the phone so that the eviction can go through if the application is denied. Try not to let it get to this stage if you can as it will be very stressful!!!!

If there is a hearing arranged - make sure you go to it. In the meantime, contact the BOS as soon as the Xmas hol is over (Wednesday) and see if you can come to some arrangement with them.

Good luck, let me know how you get on!!!!

-- David J. Button (davidjohnbutton@supanet.com), December 24, 2004.