Residential Possession

The current credit crunch and rising cost of living have contributed to an increasing number of people losing their homes in repossession cases. Within the terms and conditions of your mortgage contract will be a clause that your home may be repossessed if you do not keep up the repayments. This means that your lender will have the right to issue repossession proceedings if you do not make your required payments. Different lenders will take action at various stages however normally two months of arrears are enough for a lender to begin proceedings.

Being evicted from your home or having your property repossessed can have a devastating effect on people and their families, yet many are unsure where to turn and arrive at court without legal help. If you have been threatened with repossession you need to take action now to stop this from happening. It is important not to ignore the problem and to keep the lender informed of your position. Often arrangements can be negotiated in the early stages of the arrears. There will always be many attempts at communication, made either via letter or telephone, before the repossession proceedings get to court.

Even if you have received an eviction date from the courts, it is not too late to stop the repossession. At Proctor Moore we specialise in defending possession proceedings and help more people to stay in their homes by providing fixed fee legal services. Getting professional legal advice early is the best chance you will have of keeping your home.

All of the following issues are very technical areas of law and individual cases will vary depending on your particular circumstances. If you are a homeowner and one of the following has occurred, please contact us immediately for further information and assistance.

1. You are late on mortgage payments and your bank/building society has threatened possession proceedings
2. Possession proceedings have been issued and your require court representation.
3. You have had a property repossessed in the past and your previous bank/building society or a debt recovery service is trying to get money from you.

Costs Point 1: (applies in all circumstances)

General legal advice and negotiating with the bank/building society. All steps up to and including negotiating but not including the first court hearing at a Fixed Fee £500.00 excluding VAT

Costs Point 2: (only applies if our attendance at court is required)

A possession hearing has been listed and this firm attends court to act as your defence to a possession order being made at a Fixed Fee: £400.00 excluding VAT for each court appearance.

Costs Point 3:

Providing you with legal advice to avoid any action against you. Covers at least 4 hours of work including letters and telephone calls at Fixed Fee £500.00 excluding VAT