Repossession Hearings at a County Court
In this series of Quick Property Sale blog articles we are going to throw in the odd info fact sheet, which could be of help to property owners who are struggling with mortgage payments.
Stopping Repossession Hearing via an Emergency Hearing using a N244 Form
The County Court is where decisions are made to repossess your home. If you need more time to make payments or have a plan to save your property it is here you need to go to put your case to a Judge.
What reasons will Judges stop a repossession?
Judges do not want to see the bank repossess the house and throw you out onto the street. It is in everyone’s interest to get the payments restarted, the arrears on account paid off and to resolve the issue.
If you want to stop your property being repossessed you can speak to the Judge and get him to hear your case. However the Judge will want you to present your case as to why you feel you should be allowed to remain in your home.
The form is available here:
Form N244: Make an application to a court (‘application notice’)
Application Notice (Form N244) – Notes for Guidance
N244 Emergency Hearing Need to Knows
- If presented early the hearing can delay or stop repossession provided the Judge feels you have a reasonable chance of success
- You don’t need a solicitor or a lawyer
- There is a fee to pay of £255.00
- You may be entitled to help with fees, see below
- You need to get the form in as early as possible (No fee is payable for an application by consent for an adjournment of a hearing if it is received by the court at least 14 days before the date of the hearing.)
- You cannot keep going back – the judge can refuse to have the hearing reheard
- It’s expensive you can save the fee if your lender agrees to a payment plan, however, if they have secured an eviction date they may not be willing to negotiate at this late stage
- The Judge may ask that the arrears are cleared or some payments are made to show goodwill
Will it work?
Success depends on many factors, for example the history of how the case has been handled with the lender. If the lender has given you multiple opportunities that you have failed to follow through with, their representative can argue that it is unlikely to make a difference.
If you have a buyer lined up for your property there is a good chance the request to set aside the repossession could be granted.
Help with fees:
Apply for help with court and tribunal fees
Some things to try first:
Negotiate with your lender before it comes to legal action this will save fees being added to the balance.
Step By Step Help For Getting a N244 Emergency Hearing:
1. Prepare the Case (is someone willing to pay the arrears and bring payments up to date? Can you attach any documents to support your application?)
2. Fill in the Form – What you are applying to do and why – e.g. to suspend the eviction – these guidance notes will help here
3. Sign the form then visit the court (you can find the address here) and pay the fee.
4. Make copies of the form as you need to send one to the court and also one to each of the other parties.
5. Take it to the court in person and get a stamped receipt to confirm it has been lodged with the court. It is too important to delay. Send a copy to the lender.
For the moment
Although we have only scratched the surface with this topic we hope it has been of some help to you. If you need any further direction please do not hesitate to contact us at Quick Property Sale either by telephone or email.