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Mortgage pre-action protocol checklist

Document Cited authorities 3 Cited in Related
Vincent
Published date21 March 2018
Subject MatterCounty Court forms
N123
Mortgage pre-action protocol
checklist
1. Is the possession claim within the scope of the Protocol? Yes No
2. Have you provided the defendant with the information/notice in
the Protocol —
(a) paragraph 5.1(a) Yes No If Yes, date provided:
/ /
(b) paragraph 5.1(b) Yes No If Yes, date provided:
/ /
(c) paragraph 5.1(c) Yes No If Yes, date of notice:
/ /
(d) paragraph 5.8 Yes No If Yes, date of notice:
/ /
3. Do you have evidence that the defendant has made a claim for —
• support for Mortgage Interest (SMI), or if appropriate Universal Credit, or Yes No
• mortgage Rescue Scheme (MRS), or other means of homelessness
prevention support, or Yes No
• mortgage payment protection. Yes No
If Yes, please explain why possession proceedings are continuing.
4. Is there an unresolved complaint by the defendant to the Financial Ombudsman
Service that could justify postponing the possession claim?
Yes No
If Yes, please explain why possession proceedings are continuing.
5. Summarise the number and dates, in the three months prior to the date of this
checklist, you attempted to discuss with the defendant ways of repaying the arrears.
N123 Pre-action protocol for possession claims based on mortgage or home purchase plan arrears in respect of residential property (09.15) © Crown copyright 2015
In the Claim no.
Name of claimant
Name of defendant
Mortgage
account number
Checklist
You must produce two copies of the Checklist on the day of the hearing.
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