Repossession Help

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House Repossession

Repossession is a problem that has been growing in size during recent years. Thankfully, the majority of possession claims do not end with a homeowner losing their house. If you are concerned that you might be in a position where your home is at risk, there are steps that you can take to protect it.

Stay Professional

If you fall behind on your payments, even by just a few months, your property could be at risk. This is true whether you are renting or borrowing. Your lender or landlord has the right to take action against you under these circumstances, so it is important to remain calm and professional. Seek advice from an expert immediately.

Notice of Intent

If your landlord or lender is preparing to take action against you, they will generally send you a message by post. Never avoid opening up any letter from your lender or landlord. It could contain information in it that is both urgent and necessary for you to protect yourself. This could include information such as:

- If it is a mortgage, a description of the property that they are attempting to recover
- Information about whether or not the claim is covered by the regulations of the Consumer Credit Act 2006
- The status of your account and what is owed
- A description of any previous notices of intent or claims against the property
- Information about what they are looking for. They may be asking for the missed payments and late fees, or they may be asking for the property itself.

Form of Defence

When you receive a claim form, it should come with a form of defence (N11M). Fill out this form as soon as possible. If you don't file it within 14 days, this can complicate matters.

The form is fairly simple to understand, and it allows you to explain your side of the story, and why you were unable to make your payments on time. It will also allow you to describe your plan for resolving the issue, and what you feel you will be able to pay on what schedule.

The Court Hearing

While you are not legally required to be present at the court hearing if you sent in a claim form, most experts will strongly advise you to be present. While it might be frightening to stand before a judge, it is your opportunity to reach a payment agreement.

The agreement will be reached in relative privacy. Only the judge and a representative of your landlord or lender will be in the room. If the judge feels that your payment plan is reasonable, they will typically suspend an order for repossession. In this way, you can stay in your home as long as you keep making your payments on the agreed upon schedule.