Repossession proceedings - and how to deal with them (part 2 of 2)

13 June 2008

Note: This is the second part of a two-part blog. If you’ve not read the first half, we’d recommend you start by clicking here.

Suspended Possession Order
As the name says, this is a Possession Order which the Court has granted – but suspended. In other words, it won’t be enforced unless you fail to stick to the repayment terms laid down in the Order.

If you make the payments as directed by the Order, your house will be safe. If you don’t, the lender can apply for a Warrant of Eviction without the need for another court hearing.

If you weren’t there when the Suspended Possession Order was granted, or if your circumstances have changed, and you feel that the required payments are too high, you can ask the court for a hearing, at which you can request changes to the Order.

Outright Possession Order
An Outright Possession Order means you’ll be evicted by a certain date. However:

• It’s still not too late to talk to your mortgage lender and try to find a different way forward.
• If that doesn’t work, you may still be able to ask the Court for more time if you need it – for example, if you’re ill or have young children.
• If you weren’t there when the Order was granted, you can ask for a hearing, so you can suggest a way you can pay the arrears in instalments.
• If there’s a good reason (e.g. you didn’t receive the necessary paperwork), you may be able to ask for a ‘stay of execution’, which would put the eviction on hold.

Warrant of Eviction
A Warrant of Eviction informs you that you’ll have to leave the property (probably within a week or two).

Even now, it’s not too late. You can still ask the Court to suspend the Warrant – but you’ll have to convince them:

• that there’s a good reason you’ve not been able to stick to any previous repayment agreements, and
• that you will be able to pay off the arrears.

Remember: it’s never too late to take action – but in general, the earlier you talk to a debt adviser, the easier (and cheaper) it’ll be to deal with your debts (and your legal problems). Apart from practical guidance on day-to-day matters like budgeting, they should be able to provide details about the various debt solutions which might help you, such as IVAs (Individual Voluntary Arrangements), debt consolidation loans / remortgages and debt management plans.

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