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Avoiding Reposession

Avoiding Repossession

To help you avoid repossession, please contact us to discuss your current situation and provide us with any repayment proposals you may have. All reasonable proposals will be considered and this may result in the repossession of your home being stopped.

A possession claim explained (England and Wales):

  • After a claim has been issued, The County Court will write to you telling you when a hearing will take place.
  • The Court will provide a court pack which will contain forms for you to complete and return.
  • A witness statement will be submitted by your lender which will provide up to date account information and evidence of your mortgage.
  • The hearing will take place at the County Court. It is in your interest that you attend the hearing on the correct date and time. Many Courts will have a solicitor on duty or CAB representative who may be available to give advice. You or your legal representative (if you have one) can make proposals to the lender’s agent at the court right up until the hearing starts.
  • At the hearing, the Judge will hear evidence from you and a legal representative of both parties before making a decision. You will have the opportunity to explain why your mortgage is in arrears and what you propose to do to resolve the position.
  • The Judge may grant a Suspended Possession Order if they believe any proposals you make at the hearing are reasonable.
  • If no payment arrangement has been agreed, your Lender will request a Possession Order.
  • Once a Possession Order is granted it will set a date for you to leave the property. Once this date passes your Lender must apply to the Court for a bailiff’s appointment.
  • The bailiff will write to tell you when the eviction is going to take place and on this date they will change the locks and hand possession over to the Lender. You should ensure that before this date you have cleared your possessions from the property.

If you want details of how possession proceedings operate in Scotland or Ireland, please contact the Customer Arrears Support team on 0333 300 0468.

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