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Thread: UPDATED: Pre Action Protocols for Possession Claims (Mortgage)s

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  1. #1
    Amethyst's Avatar

    Site Owner

    May 2007
    1852 Post(s)

    Default UPDATED: Pre Action Protocols for Possession Claims (Mortgage)s

    The Full Pre-Action Protocols can be found HERE

    What are the main points ?

    Your mortgage lender must send you a leaflet with more information on mortgage arrears and a statement of arrears, which should tell you:

    • the total amount of your mortgage arrears
    • the outstanding balance on the mortgage
    • any interest or charges that you have to pay.

    Your lender must consider any proposals you make for repayments of the arrears and any other reasonable options you suggest for keeping your home. If your proposals are not accepted, your lender must write to you within 10 working days to explain why.

    If your lender makes a proposal for you to clear your arrears, it must make this proposal easy to understand and should allow you a reasonable amount of time to consider this proposal.

    If you make an agreement with your mortgage lender, but then don't keep to the agreement, you lender must give you 15 working days' notice that it will start court proceedings for repossession.

    The parties should consider whether, given the individual circumstances of the borrower and the form of the agreement, it is reasonable and appropriate to do one or more of the following –

    (1) extend the term of the mortgage;

    (2) change the type of mortgage;

    (3) defer payment of interest due under the mortgage;

    (4) capitalise the arrears; or

    (5) make use of any Government forbearance initiatives in which the lender chooses to participate.

    Further Information from

    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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  2. #2
    SimpleSimon's Avatar

    Junior Member

    Aug 2012
    0 Post(s)

    Default Re: UPDATED: Pre Action Protocols for Possession Claims (Mortgage)s

    I have a mortgage due next year and mortgage company have refused all contact and ignored my letter asking them what will happen should I complain to ombudsman about them as have sent two letter by recorded delivery which I know they received and signed fro but they refused to answer any queries

    any information appreciated

    kind regards

  3. #3
    clarew77's Avatar

    Junior Member

    Oct 2014
    1 Post(s)

    Default Re: UPDATED: Pre Action Protocols for Possession Claims (Mortgage)s

    That is a great help.
    However I have seen cases (I worked for a housing charity) where mortgage companies did not apply these protocols correctly.
    Will a Judge dismiss a case if it can be shown the action has not followed due process?

  4. #4
    Winslet's Avatar

    Junior Member

    Jul 2015
    1 Post(s)

    Default Re: UPDATED: Pre Action Protocols for Possession Claims (Mortgage)s

    Pre Action Protocol - Repossession: I just came across this interesting article:

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