FAQs


Questions

Repossession
  1. There is no point in getting repossession help is there? My mortgage lender is going to take my home anyway.
  2. How quickly can my repossession be stopped?
  3. What does it mean when I have been given a court date?
  4. What is a Suspended Possession Order?
  5. I have a Possession Order, is it too late for you to help me?
  6. When is the last point where you can help me stop my repossession?
  7. Do I pay my debts in priority over my mortgage?
  8. What is the Possessions Register?
Eviction
  1. Is my eviction illegal?
  2. Can I stop my illegal eviction?
  3. Can I stop eviction if I have rent arrears?
  4. I am a council tenant, can I stop eviction?
  5. Does my landlord need a court order for the eviction to take place?
Mortgage Arrears
  1. What are mortgage arrears?
  2. I am in mortgage arrears but I could realistically afford to pay a little bit off each month, should I?
  3. I am in mortgage arrears but cannot afford to pay them off.
  4. Should I borrow to pay off my arrears?
  5. Why should I be concerned about arrears? My mortgage payment protection insurance will pay my mortgage if I can't!
  6. I can't afford to pay my mortgage - what should I do?

 


Answers

Repossession
  1. There is no point in getting repossession help is there? My mortgage lender is going to take my home anyway.

    There seems to be this view that once your mortgage lender has started the repossession process against you, there is nothing that you can do yo save your home - this is not true.

    Mortgage lenders should always see repossession as a last resort and there are ways that you can avoid repossession. No matter at what stage of the repossession process you are at, we can help!

    Speak to one of our advisors now on 0800 048 1779.

  2. How quickly can my repossession be stopped?

    The exact time frame is dependant on your circumstances, but we have stopped some repossessions where our client has been literally hours away from having their home repossessed. The more notice that we get then the longer we have to get your repossession stopped.

  3. What does it mean when I have been given a court date?

    This court date means that your mortgage lender is prepared to go to court to apply for a repossession order. The outcome of the hearing is dependant on the individual, but it is likely that a suspended possession order will be granted with a first hearing.

  4. What is a Suspended Possession Order?

    A Suspended Possession Order is when the court rules that you have agreed to a payment schedule with your mortgage lender so that you can start clearing your mortgage arrears. If you break this order then your lender can reapply to court to continue with the repossession process, and it is likely that the Judge will take their side on this occasion.

  5. I have a Possession Order, is it too late for you to help me?

    No, it is never too late to seek repossession help but you need to make sure that you act quickly. The longer we have then the more chance there is at having your repossession stopped. For advice please contact the UKRepossessionHelpline.org team directly on 0800 048 1779.

  6. When is the last point where you can help me stop my repossession?

    Depending upon the circumstances, we can, and have in the past, stopped repossessions right up to the date of eviction.

  7. Do I pay my debts in priority over my mortgage?

    No, definitely not. Paying the creditor which shouts the loudest is not the best way to deal with your debt problems. You should concentrate on your priority debts first, such as mortgage payment and utility bills.

    Creditors with whom you have unsecured debts cannot rely on the value in your home to pay them off, so they are likely to be the quickest at bombarding you with letters and phonecalls threatening extra interest, late payment charges and legal action if you don't pay.

    Mortgage companies are often less likely to pressure borrowers who have missed repayments as their debt is secured against your property. But the long-term consequences of not paying your secured debts are much more severe.

    We can advise how much you need to pay your unsecured creditors to prevent action from them, while also satisfying your mortgage lender. Call today for advice about which debt solution is right for you.

  8. What is the Possessions Register?

    The Possessions Register was originally set up to prevent mortgage fraud. It means that a homeowner cannot apply for an additional mortgage without telling their lender, or after they have already fallen into arrears with their primary mortgage.

    Information which is held on the Possessions Register includes: name of mortgage lender, name of borrower, mortgage account number and details about the possession, such as type, date and address.

Eviction
  1. Is my eviction illegal?

    Illegal eviction means that you are being forced to leave your home against your legal rights. Your landlord will only have the legal right to evict your from your home under certain circumstances. It is important to check your tenant agreement to see if you have broken any of the rules which could cause you to be evicted.

    Your eviction may be illegal if the landlord changes your locks and stops you going into your home or they make you feel as though you have no choice but to leave, as you are being forced to evict your home.

  2. Can I stop my illegal eviction?

    As the eviction is illegal it is classed as both a civil and a criminal offence. The courts could overturn the landlord’s decision so that you are allowed back into your home. They could also issue a fine to a landlord, or offer you compensation in the most extreme cases.

    If you cannot negotiate with the landlord over the eviction then you can take the case to your local county court.

  3. Can I stop eviction if I have rent arrears?

    If you find that you have rent arrears, it is important that you take immediate action to rectify the situation. You should contact your landlord and make an arrangement to clear the arrears. Make sure that it is affordable to you so that you can stick to the arrangement. Failure to pay off your rent arrears through this arrangement means that there is an increased chance of eviction.

  4. I am a council tenant, can I stop eviction?

    If you are a council tenant then you should have the right to stay in your home as long as you are not breaking any rules of your tenancy. The council will have a set procedure that they must follow, and this procedure is dependant on the type of tenancy that you have.

    If you are being threatened with eviction from your council home, then please get in touch with the UKRepossessionHelpline.org advisors right away. We may be able to help, even if bailiffs are on their way.

  5. Does my landlord need a court order for the eviction to take place?

    In most cases your landlord will need a Possession Order from the court before the eviction can take place, but it is possible to be evicted without going to court. This may apply if you are an excluded occupier, so it is important that you check your tenancy documents.

Mortgage Arrears
  1. What are mortgage arrears?

    Your mortgage will go into arrears when you fail to make the monthly repayments. Mortgage arrears will eventually lead to your mortgage lender applying for repossession of your home. If you have mortgage arrears then it is essential that you deal with them straight away.

  2. I am in mortgage arrears but I could realistically afford to pay a little bit off each month, should I?

    If you have mortgage arrears but feel as though you could increase your mortgage payment to cover the arrears, then contact your mortgage lender. You will need to explain to them why you have missed mortgage payments in the past and assure them that you will pay these off by making additional payments.

    Once you have come to a deal with your mortgage lender then it is essential that you keep to the agreement. Failure to make the payments means that the mortgage lender could take repossession action against you.

  3. I am in mortgage arrears but cannot afford to pay them off.

    If you cannot afford to make any additional payments to cover your arrears, then it is essential that you speak to your mortgage lender as soon as possible. Being in arrears with your mortgage could mean that the lender starts repossession proceedings against you.

    It is important that you seek help and find ways of raising additional cash such as taking a second job, budgeting or make your unsecured debts more affordable. Call the UKRepossessionHelpline on 0800 048 1779 to find out how.

    If you are in mortgage arrears and your lender has already started the repossession process, it is still not too late to get help. Call us today to see how we can stop repossession without you having to sell your home.

  4. Should I borrow to pay off my arrears?

    You could, but a quick fix like this tends to worsen the problem in the long term. Another loan for which you are unable to maintain repayments can be disastrous. The interest on unsecured loans can be high, especially if your credit record shows defaults against your current mortgage. You could soon find yourself with mortgage arrears again and unaffordable unsecured debts as well - a worse position than before. Please call us for further advice if you feel your debts are getting out of control.

  5. Why should I be concerned about arrears? My mortgage payment protection insurance will pay my mortgage if I can't!

    Mortgage Payment Protection Insurance (MPPI) is also known as accident, sickness and unemployment (ASU) cover. This insurance cover can help out with your mortgage when things go wrong. However, such policies tend not to pay out immediately and you may not receive benefits from your policy if:

    • You have other sources of income.
    • Had existing health problems.
    • Your problems are due to factors outside the insurance terms, for example you are sacked or leave your job voluntarily.

  6. I can't afford to pay my mortgage - what should I do?

    If you find that you cannot afford to pay your mortgage then it is important that you contact your mortgage lender as soon as possible to explain your situation. They may be able to offer you short term help, such as by offering a 'repayment-holiday' from your mortgage payments.



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The UKRepossessionHelpline.org service is provided by Harrington Brooks Mortgage Help.

Stopping a planned repossession is a complex legal process. There cannot be any guarantees of success. It is NEVER too late to start to oppose the repossession and the sooner you start the better the chance of a successful outcome. To successfully oppose repossession in Court we would always recommend professional legal representation to present your case.

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