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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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Hi I fell behind in my mortgage they took us to court to years

Customer Question

Hi I fell behind in my mortgage they took us to court to years ago and got a suspended repos ion order but unfortunately we missed a two payments again as mortgage people Wundt help us when our boiler packed so we had to pay £3000 for a new one now we have got a letter of the court saying they want our house the mortgage people on April 11 2014 I've spoken to them and offered them £10'ooo pound but they keep staining me now n
They want bank statements which have supplied I transfer money out of my current account in a savings account for my mortgage now they want them my other account details my wife and I want take this back to court to stop this happening again the seem to keep hassling us need a good night sleep have we got any chance saving my house
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name is Tony, I can assist you with this.

tdlawyer :

Have they issued possession proceedings against you at all?

JACUSTOMER-03mme9m5- : Yes they have April 11th we have offered them 10.000 to clear erears
tdlawyer :

And does this clear the entire arrears?

JACUSTOMER-03mme9m5- : We wiki be £3000 thousand of but we have 17 yrs left which we was going to pay extra hundred a month on top
tdlawyer :

Then I cannot see any court making a possession order against you. They are supposed to suspend possess orders on terms, which means paying the arrears off over a reasonable period of time. If you can pay it off over the remaining term with this lump sum now, I expect you will be absolutely fine.

JACUSTOMER-03mme9m5- : Can I take this back to court myself and pay for court myself it's really affecting us as family
tdlawyer :

Yes, you can do this yourself, without lawyers.

JACUSTOMER-03mme9m5- : How long we'd it take
tdlawyer :

How long would what take?

JACUSTOMER-03mme9m5- : For us sorry to go back to court ourselves
JACUSTOMER-03mme9m5- : Sorry to go back to court ourselves and try to stop eviction
tdlawyer :

Has the court made a possession order against you, or is it just going to hold a hearing to consider making an order for possession?

JACUSTOMER-03mme9m5- : How long wud it take to go back to court and stop it
JACUSTOMER-03mme9m5- : To go back to court
JACUSTOMER-03mme9m5- : How long wud it take for court
tdlawyer :

You could make an application to the court and it would hear it within days - probably 4/5 days.

JACUSTOMER-03mme9m5- : So really we got good chance how much wud it cost
tdlawyer :

To do it yourself - £80 application fee.

JACUSTOMER-03mme9m5- : What do you think of my chances are
tdlawyer :

To avoid a possession order or get a suspended order - pretty good.

JACUSTOMER-03mme9m5- : Thank you so much
tdlawyer :

Thank you too.

JACUSTOMER-03mme9m5- : The judge was on our side last time but they keep changing goal posts every time mortgage people
tdlawyer :

It's rare the court will order possession if you can pay it off over the term of the mortgage, so don't worry too much.

tdlawyer :

Good luck to you though, I hope all is okay.

JACUSTOMER-03mme9m5- : Thank you so much have a good weekend
tdlawyer :

You too.