Platform home loans - repossesion via Optima

[ncf355]

Friend has PHL issued against him via Optima

I'm curious at to why the requirements for service differ from standard county court action?

It seems from looking at it that they are only obliged to ensure that he is served with the POC 21 days prior to hearing?

Also they seem to have taken advantage of a CPR that allows them to issue online (this right given via a Practice Direction apparently, but I cant find the details of that to know if they are acting within it?)
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Also, I seem to remember that if he gets the arrears down to below 2 payments worth they have to cancel the action, is that correct?

(and if so where is the law that backs this up?)


Thanks all

[Amethyst]

Re: Platform home loans - repossesion via Optima

I think it's the LoP 1925

103 Regulation of exercise of power of sale.

A mortgagee shall not exercise the power of sale conferred by this Act unless and until—
(i)Notice requiring payment of the mortgage money has been served on the mortgagor or one of two or more mortgagors, and default has been made in payment of the mortgage money, or of part thereof, for three months after such service; or
(ii)Some interest under the mortgage is in arrear and unpaid for two months after becoming due; or
(iii)There has been a breach of some provision contained in the mortgage deed or in this Act, or in an enactment replaced by this Act, and on the part of the mortgagor, or of some person concurring in making the mortgage, to be observed or performed, other than and besides a covenant for payment of the mortgage money or interest thereon.

Will see what caselaw we have.

[Amethyst]

Re: Platform home loans - repossesion via Optima

Your friend may wish to talk about the situation with Shelter as they may be able to clear up any questions he has about the process

Shelter England - Homeowner helpline

Do I have another defence?

The court may decide to adjourn a case, delay an eviction or suspend a possession order if you:

• have an outstanding benefit claim that will clear or significantly reduce the arrears
• are selling your home and the proceeds from the sale will clear the arrears, but you need more time to complete the sale
• are arranging to clear the arrears soon
• are having difficulty finding somewhere else to live
• can show that you are able to resume making regular payments as they become due under the mortgage and clear the arrears within a reasonable period of time – generally, the ‘reasonable period’ of time will be the full term of the mortgage, though other factors may be relevant.

Online Possession claims
PCOL - Possession Claim Online

CPR PRACTICE DIRECTION 55B POSSESSION CLAIMS ONLINE - Ministry of Justice

6.2

The particulars of claim must be included in the online claim form and may not be filed separately. It is not necessary to file a copy of the tenancy agreement, mortgage deed or mortgage agreement with the particulars of claim.
6.2A

In the case of a possession claim for residential property that relies on a statutory ground or grounds for possession, the claimant must specify, in section 4(a) of the online claim form, the ground or grounds relied on.

6.3

Subject to paragraphs 6.3A and 6.3B, the particulars of claim must include a history of the rent or mortgage account, in schedule form setting out –
(1) the dates and amounts of all payments due and payments made under the tenancy agreement, mortgage deed or mortgage agreement either from the first date of default if that date occurred less than two years before the date of issue or for a period of two years immediately preceding the date of issue; and

(2) a running total of the arrears.

[ncf355]

Re: Platform home loans - repossesion via Optima

Thanks Ame