Understanding repossession

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Understanding Repossession

It's not too late

Don’t ignore your situation; it’s never too late to seek advice and try and to get your finances back on track. If you’re struggling to pay your mortgage and your payment arrears feel out of control, it’s important you talk to us.

We always consider repossession to be the last resort and will work with you to understand your circumstances and try to come to a mutually agreeable payment arrangement. However, if you are in serious mortgage arrears we may need to apply to the court for a possession order. This means we would be able to sell your property to recover the debt secured against the property.

A Possession Claim Explained (England, Wales and Northern Ireland)
- After a claim has been issued, the county court will write to you with a hearing date; check if you can get legal aid to help with any legal costs.
- The court will provide a court pack which will include why we are taking you to court and a defence form for you to complete; it is important that you complete the defence form and return it to the court.
- Get independent advice as soon as possible; an advisor may be able to help you prepare for the hearing and even attend with you.
- The hearing will take place at the county court; it is in your best interest to attend. Many Courts will have a solicitor on duty or a Citizens Advice representative (in England and Wales only) who may be available to give advice; check with the court ahead of time to see if these services are available.
- At the hearing, the Judge reads and hears the evidence from you and us before making a decision; this gives you the change to explain your personal circumstances and any proposals you have to make payments towards reducing your arrears.
- The Judge may grant a Suspended Possession Order if they believe any proposals you make at the hearing are reasonable.
- If no payment has been agreed, we will likely request a Possession Order.
- Once a Possession Order is granted the judge sets a date for you to leave the property. This is usually in 28 days but the judge could allow you up to 56 days.
- Once this date passes we must apply to the Court for a bailiff’s appointment.
- The bailiff will write to tell you when the eviction is going to take place; you should make sure that you have removed all of your personal possessions from the property before this date.
A Possession Claim Explained (Scotland)
- After a claim is issued, the Sheriff Court will notify you of the hearing date; check if you can get legal aid to help with any legal costs.
- You’ll receive court papers with the claim details which will include why we are taking you to court and a defence form for you to complete; it is important that you complete the defence form and return it to the court.
- Get independent advice as soon as possible; an advisor may be able to help you prepare for the hearing and even attend with you.
- The hearing will take place at the Sheriff court; it is in your best interest to attend. Many Courts will have a solicitor on duty who may be available to give advice; check with the court ahead of time to see if this service is available.
- At the hearing, the Sheriff reads and hears the evidence from you and us before making a decision; this gives you the chance to explain your personal circumstances and any proposals you have to make payments towards reducing your arrears.
- If no agreement is reached, a decree for repossession may be issued as there is no Suspended Possession Order equivalent in Scotland.
- If a decree is granted, this means that the court is allowing repossession, the Sheriff usually grants this after a minimum of 14 days but could allow more time.
- Once this date passes we must apply to the Sheriff for an ejection (eviction).
- The Sheriff Officers will write to tell you when the eviction is going to take place; you should make sure that you have removed all your personal possessions from the property before this date.