The County Court Hearing Process For Repossessions
Before you go to Court you can stop the procedure by paying your arrears in full.
If you agree a payment scheme to overpay your monthly mortgage and pay off the outstanding arrears, your lender has
the power to suspend proceedings (known as a suspended possession order) provided you have reached an agreement and
made any necessary payments in full.
However, if you go to Court the Judge may well order you to make lower payments towards your arrears than
your lender would prefer. Obviously, this means your payments would be more affordable, but there will be County Court Judgement
registered as well as a Possession Order which will be suspended for as long as you continue to make your agreed payments.
If you can solve your problems by talking to your lender before your Court Hearing, so much the better.
What to do at a Repossession Court Hearing
You MUST turn up. If not the Judge has no choice but to grant a Possession Order
Take any information relevant to your case, including letters or notes about phone conversations with your lender
You do not need a solicitor. These hearings are informal and most Judges try to be helpful
Try to show the Court how you are trying to resolve the situation, and show any proof you may have
What Are My Options?
Paying all your arrears before the hearing is the only guaranteed way to force your lender to stop the repossession
proceedings. If this is not possible you must at least attend the Court Hearing. Remember, even after a possession order is granted, you
will have 28 days during which you can still pay your arrears and your lender's legal costs. In that case you will be able to remain in your home.
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