Can a possession order be stopped?

The short answer is yes, a possession order can be stopped! However it depends on your specific circumstances and how proactive you are in responding to the situation. Possession orders are typically issued by the court when a lender has taken legal action to reclaim a property due to arrears. If you’re a homeowner facing a possession order, there are several steps you can take to potentially stop the order or delay the process, giving you more time to resolve the issue.

Probably the most important thing you can do to stop a possession order is to communicate with your lender as soon as possible. Lenders generally prefer to find a solution that avoids repossession, as it’s a lengthy and costly process for them as well. If you’ve missed payments but can demonstrate a willingness and ability to make future payments, your lender might be open to negotiating a payment plan or restructuring your loan.

You also may be able to negotiate new terms that suit your current financial situation. This could involve extending the term of your mortgage, switching to an interest-only mortgage temporarily, or even adding the missed payments to the total loan balance. It’s always important to be transparent about your financial difficulties and make a realistic offer of what you can afford.

If a possession order has already been granted, it’s not necessarily the end of the road, as you can apply to the court to have the order suspended or set aside.

If you can demonstrate that your circumstances have changed since the possession order was granted, such as securing a new source of income, starting a payment plan, or receiving financial support, you can request the court reconsider its decision. The court may suspend the possession order, allowing you to stay in your home as long as you stick to the repayment plan.

To apply for a suspension or to have the order set aside, you’ll need to fill out the appropriate court forms and provide evidence of your changed circumstances or a new payment arrangement with your lender. If you’re unsure about the process, seeking guidance or legal advice is strongly recommended to improve your chances of success.

The court itself can be a place of support in this process. During your court hearing, the judge will review your financial situation and if they believe you have a genuine ability to make payments, they may agree to delay or stop the possession order altogether. Judges have the discretion to suspend an outright possession order and allow you to make repayments over time, especially under the “Pre-Action Protocol for Possession Claims,” which encourages lenders to seek reasonable alternatives to repossession.

It’s critical to bring to court any evidence of your income, expenditures, and any agreement you’ve reached with your lender, as well as a proposal for how you plan to keep up with your payments in the future.

If you’re facing a possession order, it’s vital to get professional advice. Services like Citizens Advice, debt charities like StepChange, and your local council can offer guidance and support. You might also want to consider getting legal representation, particularly if your case is complex or you’re unsure how to proceed.

At Repossession Help, for example, we often guide clients through the court process, help negotiate with lenders and offer tailored strategies to prevent eviction. Taking early action and getting proper advice can make all the difference when trying to stop a possession order.

In some cases, if your mortgage is a regulated agreement (usually this applies to second-charge mortgages), you can apply for a “time order” under the Consumer Credit Act. A time order allows the court to change the terms of the loan agreement, possibly reducing your monthly payments or extending the loan term to make repayments more manageable.

This is a lesser-known option, but it can be highly effective in giving you breathing room when facing financial hardship.

A possession order can be a frightening experience, but it doesn’t necessarily mean the loss of your home is inevitable. The key is to act quickly, communicate openly with your lender and seek professional guidance. It’s not an easy path, but with the right strategy and support, you can potentially stay in your home and avoid repossession.

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