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Repossessions.
If you are threatened with repossession for any reason, it is advisable
to get help and advice straight away. Depending on your circumstances,
the process can be stopped if you act quickly. If you are unable
pay your mortgage or any other loan secured on your home, your lender
can take legal action to get back the money you owe. It is usually
always possible to avoid going to court.
An adviser may be able to help you to negotiate and avoid the time
and expense of going to court. It's often possible to prevent arrears
or disagreements from leading to repossession.
Repossession involves a number of stages, which can take a few weeks
or months. Firstly, your lender, your freeholder or their solicitor,
should write to you warning you that they are going to start court
action. They will then apply to the court for a possession order.
The court will write to you telling you when a hearing is to take
place. This is called a summons. You should have at least 21 days
notice of the hearing date. You will also receive a form that explains
why the lender or freeholder wants to evict you. Get advice as soon
as you get a letter from the court.
The court will also send you a 'defence form'. This is for you to
tell the court about your financial situation, any offers to repay
the debt and any other information you think is relevant.
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