I have just been served with a Possession Order from the Abbey National. DEspite me writing to them on numerous occassions telling them that I have gone to another mortgage provider and that the re-mortgage will become effective in the next few weeks. I have sent proof of this by way of documentation from the new provider. What are my options now? The order lists three things, but its the wording that worries me.

1) Vacate the property 2) Pay the balance of the loan 3) Pay the balance on/before 19th December

Should there be a couple of "and/or" in there, or is that it, have I lost the house full stop?.

-- Grant Lumsden (lumsden@bushinternet.com), December 01, 2002

Answers

Go to the court armed with all your papers and ask the judge to dismiss the claim and/or disallow costs.

If the judge allows the claim, you will get a suspended possession order on terms that you pay x amount off the arrears whilst meeting the ongoing monthly payment.

Dont vacate the property (although the suspended PO will actually say "Give up possession of (address) by x date" it will then go on to say that the order is suspended.) You will get a money judgement order at the same time for all the outstanding money on the mortgage and the costs - that too is suspended.

-- David J. Button (davidjohnbutton@supanet.com), December 01, 2002.