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GETTING READY FOR YOUR COURT HEARING
HOW WILL I KNOW ABOUT THE COURT HEARING
After the lender applies for possession, the court hearing the claim will write to you telling you where and when the hearing will be, this is called a summons. You should have at least 21 Days notice of the hearing date, you will also receive a form called "particulars of claim”, which explains why the lender wants to evict you.
HOW SHOULD I RESPOND?
The court will also send you a reply form called “a defence form” This is for you to tell the court about: your financial situation, they will want proof of your income and expenditure, any offers to repay the arrears, if you want to stay at the property and any other information you think the judge needs to know, ie why you missed payments. It is
important that you return the defence form to the court within 14 days, keep a copy of your reply. Don’t let anyone tell you not to attend the court hearing , you must it is in your best interest.
Even at this stage talk to your lender, see if they will agree to a suspended possession order to allow you more time. Make an offer to pay the current installment if you can.
WHAT SHOULD I DO BEFORE THE HEARING?
Get advice, we can arrange for a solicitor to help you. Complete the defence form you received from the court.
• Keep negotiating with your lender, If you can reach an agreement before the hearing, the case might not go ahead.
• Try to pay as much as you can off the arrears
Collect together any relevant documents that you think the judge might want to see.
WHAT IF I NEED MORE TIME?
Attend the hearing, but ask the court for an adjournment, the court will need a good reason to agree an adjournment. You might be able to adjourn the hearing if you:
Have been ill, on holiday when the summons arrived, need more time to get legal advice or a change of circumstances which will improve, or even resolve, the situation.
If you cannot clear the arrears in full, or your lender won't accept an offer to repay the arrears in instalments, the court hearing will go ahead.
You can continue to negotiate with your lender right up until the date of the court hearing.
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