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Repossession Process
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Remember: Most repossessions
can be stopped |
Repossession is the very
last resort for lenders. They take this action if all else
fail. However some lenders are ore aggreesive and get to
this stage quicker than others.
Regardless of the stage at which you are in this process, it is
strongly advisable to seek help as soon as you can. You must
keep your lender informed that you are doing some thing to pay
the loan, or seeking help.
The process of repossession is like this:
- Month 1: Your lender writes to you to remind you that
you have missed a payment. (At this stage they may register
a 'Late Payment' on your credit file)
- Month 2: If you do not make up the arrears in full,
your lender will write again and ask you to make a payment.
(At this stage they may also outline what will happen if
you do not make up the payments you have missed. Another
'Late Payment' may be registered on your credit file)
- Month 3: Your lender may write to explain that the
situation is serious. (They may also issue you with a
default notice or equivalent)
- Month 4: Your lender may advise you that you are in
serious arrears and that they will be transferring the debt
to their legal team. (This is usually a threat, but not
often carried out for a further 30 days)
- Month 5: The debt is handed to a firm of Solicitors and
they write to you outlining their proposed action, which is
likely to involve seeking a Repossession Order. (At this
point, you may have accrued further hefty charges)
- Month 6: The solicitors will apply to the County
Court for a Repossession Order. (This only gives them
the right to repossess IF you do not repay the amount in
full within the allotted timescale - often 28 to 56
days)
- Month 7: The court hearing will be held and if you do
not attend, the judge may rule that a repossession is
allowed. (if you do attend, at least you can argue your
case.)
- Month 8: If the arrears are not repaid according to the
court ruling, then bailiffs may call and evict. The locks
are changed & a notice put on the door advising anyone
with an interest in the property to contact the agents to
remove possessions within 14 days. It is still sometimes
possible to repay the arrears and move back in.
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Whether you are at an early stage or not, one thing you must
always do is demonstrate to your lender that you are doing
something to pay off the arrears. Stay in constant
communication with the lender. Burying head in sand will do no
good.
You can write a letter to your lender every month with an
update. Send some money with this letter - even as little as
one pound (if this is all you can afford). Keep a copy of all
the correspondence. This will be helpful when case goes to
court.
Judges take a dim view of people who do not take any action
to rectify the situation. If you are seen to be doing some
thing and also keeping the lender informed, even paying what
you can, this demonstrates your good intentions. This is
likely to help your case in court.
Are you worried that your house may be
repossessed?
Click here to stop
repossession.
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