When a lender takes action against you to repossess your home there are a number of stages involved. These stages take time like any legal process and can be stopped at any time by you finding a solution to your financial problems.
Below is the basic repossession process listed in order.
1. Letters from your lender reference your arrears.
The initial contact from your lender will happen when you get behind in your payments where they will inform you that you are in arrears. They will want to know how you intend to pay off the arrears and want you to contact them to discuss your financial situation.
If your arrears increase, you do not reply or reply with a proposition they are not happy with they will most likely write to you again stating that solicitors will be involved unless the arrears are cleared within a certain time period, usually seven days.
2. Letters from your lenders solicitor
You will receive a letter from the lenders solicitor stating you have seven days to pay off your arrears or come up with a plan to do so. Once again if your arrears increase, you do not reply or reply with a proposition they are not happy court proceedings will start without further warning.
3. Summons from the court
Twenty-one days prior to the court hearing your local county court will write to you with details for your hearing stating the date time and location. Other documents you will receive are the ‘particulars of claim’, which covers the reasons why the lender wants to evict you and a ‘defense form’.
The defense form is for you to explain to the court your financial situation and offers or plans to repay the arrears. You can also give any mitigating circumstances that the judge may need to know. This could include reasons why you have missed payments. The defense form must be returned to the court within fourteen days.
If you do not return the defense form you must attend the court hearing so you can represent yourself in person.
4. Outright possession order
There are a number of out comes from the court case that range from adjournment through to the worst case for you being an outright possession order. In this case you do not have the right to remain in the property and you will be given 28 days to vacant the property after the court hearing. If you do not move out during this time period the lender can apply to the court to have the bailiffs come in to evict you.
5. Bailiffs arrive to take possession
You will receive notice from the bailiffs office of the date and time that you will be evicted from the property. The bailiffs are entitled to use physical force to remove you from the property. They will use necessary force to make entry so that the locks can be changed to ensure you do not get back in.
It is never to late to stop the bailiffs. You can apply to the court to have the eviction delayed by filling in a form to request a court hearing that explains why you want the eviction delayed.
Facing repossession? Need Help? Contact http://www.propertypilgrims.co.uk
