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Homeowners Advice Centre

Repossession?

Repossession is only the very last resort for lenders, however we are expecting record numbers of repossessions in the UK this year, as more and more homeowners struggle with interest rate hikes, higher utility bills and greater pressure to take out more and more credit.

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However, unless bailiffs are booked to come to your house today, there is usually a way out. We have a variety if different solutions to avoid repossession, depending on how far you are down the repossession route. (It is worth noting that the closer you get to repossession, the more charges that are added, so it usually a good idea to pre-empt any recovery procedures by contacting a specialist as soon as you realise you may not be able to make the next payment)

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 accrue 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.

Regardless of the stage at which you are in this process, it is strongly advisable to seek help. We always advise clients to send off a letter explaining why you cannot make your current repayment, plus a cheque for £1 which is your contribution to that month's payment. Keep doing this every month until it either goes to court or you can make the payments. If it does got to court, the Judge often grants Repossession Orders based on whether he feels you were unwilling to pay, or unable to pay. If you show that you were unable to pay, and that to prove that you were not unwilling you sent in what you could afford each month then he/she may look upon it more leniently.

If you want a solution that will not damage you credit file, then choose from the following possible solutions that we offer:

If you do not envisage getting further credit (and this could mean you getting turned down for mortgages, overdrafts & car credit), then choose form the following services that we offer

Whatever you decide, then it is best to move quickly. You will have far more options available to you if you take action after missing one mortgage payment than if you wait until you have been to court for repossession.


What would you like to do now? Choose from the following list.

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Testimonials

"I was facing repossession, but your counsellor helped me negotiate with my mortgage company, and stopped legal proceedings the same day. Thank you so much."

L.E., Salford

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