Mortgage company will only adjourn repossession hearing they won't dismiss

[Mort336]

As the title suggests we managed to get in a pickle due to my ill health and the mortgage company issued a repossession order with a hearing in 5 weeks.

This came as a huge shock to my wife and I and now I am gainfully employed and back to health we were catching up on arrears.

They sent us advice that this was there intention 7days ago and we immediately resolved a solution to raise the funds clearing the arrears in full and getting ourselves one payment ahead and setup on direct debit.

We received a hearing date yesterday and when contacting the solicitors were advised that an application for the hearing to be adjourned was in hand.

My question why is this not being dismissed and only adjourned, surely if the case was for a set amount if arrears which are now cleared as well as putting ourselves in advance of payments there is no case to adjourn?

help appreciated as this is distressing to know it lurks out in the court system to be switched on at a moments notice...

[IanM]

Re: Mortgage company will only adjourn repossession hearing they won't dismiss

As the title suggests we managed to get in a pickle due to my ill health and the mortgage company issued a repossession order with a hearing in 5 weeks.

This came as a huge shock to my wife and I and now I am gainfully employed and back to health we were catching up on arrears.

They sent us advice that this was there intention 7days ago and we immediately resolved a solution to raise the funds clearing the arrears in full and getting ourselves one payment ahead and setup on direct debit.

We received a hearing date yesterday and when contacting the solicitors were advised that an application for the hearing to be adjourned was in hand.

My question why is this not being dismissed and only adjourned, surely if the case was for a set amount if arrears which are now cleared as well as putting ourselves in advance of payments there is no case to adjourn?

help appreciated as this is distressing to know it lurks out in the court system to be switched on at a moments notice...

Don't panic, they will probably withdraw the application before the hearing takes place and are just trying to scare you into obedience.

It may well be that your lender is trying to pull a fast one by asking for an adjournment rather than a dismissal in the hope you fall into arrears again in the near future, or they may manufacture new arrears by adding legal costs for the hearing at some point after the hearing without telling you when or for how much until months later so they can pounce and go for repossession again without having to go throughout the whole legal process to get you in court.

They know you have been ill, and know there is the possibility of you getting ill again in the future, and they also know you have taken a loan to pay your current arrears and may be too stretched next time you go into arrears to obtain another loan to help you out.

My best advice would be to go to the hearing, or tell the lender you will be attending the hearing, to object to an adjournment on the grounds that you have paid off the arrears in full before any court order was made and do not believe there is a case to answer nor any arrears to be ruled on and force the lender to withdraw their application.

Don't give them any opportunity to get a Suspended Possession Order or a quick route to getting one.

After the hearing date send a SAR to your lender and see if there are any fees or charges you can claim back from them, if you need help with this there are plenty of people here that can help you, just ask.

[PlanB]

Re: Mortgage company will only adjourn repossession hearing they won't dismiss

this was there intention 7days ago and we immediately resolved a solution to raise the funds clearing the arrears in full and getting ourselves one payment ahead and setup on direct debit.

We received a hearing date yesterday and when contacting the solicitors were advised that an application for the hearing to be adjourned was in hand.

My question why is this not being dismissed and only adjourned, surely if the case was for a set amount if arrears which are now cleared as well as putting ourselves in advance of payments there is no case to adjourn?

No arrears as the sum stated on the original summons for possession = no repossession. End of. Not even a Suspended Possession Order.

Give it a few days for the paperwork to catch up.

The lender will tell you that they have not discontinued the legal proceedings to save you money in case they need to take you court again in future. A new summons requires a new court application fee which they can charge you under the Ts & Cs of your mortgage. Yeah yeah. Nice try.

The hearing can only be "dismissed" by a judge who says the claimant has failed to prove their case. Since there will be no hearing there will be no judge to do that. What you need is a discontinuance.

Post up again in a few days

In the meantime tell me the name of the lender and the name of their solicitors, please.

[Mort336]

Re: Mortgage company will only adjourn repossession hearing they won't dismiss

Thanks for the advice and very sound reasoning at that. I guess on this point I have little to lose other than my time in court if it gets that far.
Depending on the judge of the day the question has to be asked if this would be a fair threat to have such a shortcut on the possibly there may be future arrears when the account is completely up to date...
Thanks again

[Mort336]

Re: Mortgage company will only adjourn repossession hearing they won't dismiss

How would to go about getting a discontinuance and on what grounds??
Thanks for your input whilst arrears are clear I don't want to roll over and become another number!!

[Mort336]

Re: Mortgage company will only adjourn repossession hearing they won't dismiss

Looking a little further at the idea of a discontinuance this appears to have to come from the claimant.
They have already stated that they only want an adjournment, so I presume I must push to have my day in court and request that they either discontinue their claim or I will request the judge dismisses the claim as per previous post???

[IanM]

Re: Mortgage company will only adjourn repossession hearing they won't dismiss

Looking a little further at the idea of a discontinuance this appears to have to come from the claimant.
They have already stated that they only want an adjournment, so I presume I must push to have my day in court and request that they either discontinue their claim or I will request the judge dismisses the claim as per previous post???

Ask your lender for a Statement of Account and a breakdown of all fees and charges added to the account.

If you have paid off the arrears and they do take you to court so you will need the statement of account etc. in case they try to manufacture arrears by adding legal fees, or paying your arrears money across a couple of balances(arrears, fees, charges, interest, legal costs, and so on,) so that your account still shows arrears for the court, they only tell the court the amount of arrears not exactly how they are made up.

Do not trust them and do not trust anything they say until you get it in writing from them!!!

[PlanB]

Re: Mortgage company will only adjourn repossession hearing they won't dismiss

Looking a little further at the idea of a discontinuance this appears to have to come from the claimant.
They have already stated that they only want an adjournment, so I presume I must push to have my day in court and request that they either discontinue their claim or I will request the judge dismisses the claim as per previous post???

I would say don't do that in case you get a grumpy judge. Unsurprisingly they do exist. Save the High Noon moment for later down the line (if ever).

If this claim was made using PCOL (they mostly are) then you will have been given a password to access their website where you can track any progress. If the lender (i.e. the Claimant) has applied for an Adjournment the application will show on there. If the court has agreed to their application for an Adjournment it will show on there too. It typically takes 2 working days for the database to play catch up.

https://www.possessionclaim.gov.uk/pcol/help/hlp.do

Once you know the possession hearing is safely adjourned please post up on here so we can advise you how to turn the adjournment into a discontinuance. You say you have five weeks' notice so plenty of time. Please monitor the situation.

I also suggest you read this member's thread to warm the cockles of your heart.

http://www.legalbeagles.info/forums/...996#post388996

[Mort336]

Re: Mortgage company will only adjourn repossession hearing they won't dismiss

I would say don't do that in case you get a grumpy judge. Unsurprisingly they do exist. Save the High Noon moment for later down the line (if ever).

If this claim was made using PCOL (they mostly are) then you will have been given a password to access their website where you can track any progress. If the lender (i.e. the Claimant) has applied for an Adjournment the application will show on there. If the court has agreed to their application for an Adjournment it will show on there too. It typically takes 2 working days for the database to play catch up.

https://www.possessionclaim.gov.uk/pcol/help/hlp.do

Once you know the possession hearing is safely adjourned please post up on here so we can advise you how to turn the adjournment into a discontinuance. You say you have five weeks' notice so plenty of time. Please monitor the situation.

I also suggest you read this member's thread to warm the cockles of your heart.

http://www.legalbeagles.info/forums/...996#post388996

Hi I have received confirmation that the hearing has been adjourned and they requested to the court that as per their "normal" practice they wish not to attend court to reduce costs for their client. They also request the liberty to use the the adjourned hearing again should it become appropriate. Basically allowing them to jump past the required pre-action protocol should I presume any arrear occur arise in the future...

How do I now look at getting a discontinuance ??

[PlanB]

Re: Mortgage company will only adjourn repossession hearing they won't dismiss

I've got your PM

Can you clarify that you have got an Order from the court stating the hearing is "adjourned with liberty to restore" or words to that affect. Or are you quoting from the application for an adjournment which you have seen but has yet to be decided?

In my experience once three (or preferably six) successive monthly payments have gone through then the lender can be pressured into withdrawing the possession claim without court intervention. The reason they refer to "normal" procedure is because it's not uncommon for some borrowers to clear their arrears days before a hearing to frustrate the repossession and then stop paying immediately after for another six months. The lender will want to see good financial behaviour for a period, and so would a court.