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How Do I Delay A Repossession?

Question: Please can you help me, I have a court date for a repossession hearing in 2 weeks as I have been out of work for 4 months. I now have a new job, but I have to work a month before I get paid. My first pay is due in 3 weeks. I have wrote to the court asking if they can delay the hearing by a week because by then I will be able to pay off a chuck of my arrears. The court basically said I can not change the date, and that if I don’t attend it will look bad. Please help, there must be something I can do. It is only 1 week and then I could start to clear the debt. Thanks, Mike, Rochdale.

Our Answer…

Mike, take a deep breath, calm down, I am 99% certain you can sort this. Firstly a repossession hearing is not the same as a repossession. A hearing is just that, to gather the facts, to find out how much you owe and to decide if there are even grounds for a repossession. From what you have said about getting a new job (which will enable you to start paying your mortgage and a portion of your arrears) my advice would be to get on to your lenders ASAP to request they withdrawn their court summons. Give them the exact date you can pay off some of the debt and the exact amount you will be able to pay off. If they are unprepared to accept this offer then my advice would be for you to attend the court hearing.

Bring to this court hearing a copy of your contract which states your salary, and your payment date. Use this to insist if a repossession is ordered then this repossession is suspended (click here for an explanation). This will mean providing you stick to some fairly strict conditions you can stay in your house. Try not to worry Mike, congratulations on the new job.

PS. If on the small chance the judge does order a repossession come back to this site and apply for a quick cash sale, this will stop the repossession and pay off your mortgage and the cash left over will go to you (this avoids the risk of having your house auctioned for peanuts). Answers And Advice

The answers above are provided in good faith, to the best of our knowledge. Whilst we always try to be accurate, we can not guarantee there legal accuracy. For that reason we recommend that in addition you carry out your own research and / or seek professional legal advice.

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