Particulars of claim (Mortgaged residential premises)
| Published date | 21 March 2018 |
| Subject Matter | County Court forms |
The claimant has asked the court
to make an order that you give
up possession of the premises
mentioned in the claim form. You
should note that no-one can evict
you from the property unless the
court says that they can; the court
will not make a decision before
the hearing date. What you do
may affect the court’s decision.
You should therefore take action
immediately. These notes explain in
more detail what you can do.
You should:
•gethelpandadviceimmediately
from a solicitor or advice agency
(see ‘Getting help’ below);
•fillintheattacheddefenceform
and return it to the court within
14 days of receiving the claim form;
•attendthehearing,evenifyou
have agreed about repayment of
any arrears with your mortgage
lender.
What will happen at the hearing?
A judge will decide whether or not
to make an order for possession.
Inmakingthisdecision,thejudge
will take account of the information
provided by the claimant. The
judge will also take account of any
informationyouprovide,suchas
details of your personal and financial
circumstances,anyproposalyouhave
madetopayoffanyarrears,andany
dispute you have about the amount
owing. But the judge can only take
the information into account if you
provide it. Fill in these details on the
defence form and attend the hearing.
It is in your best interests to do both.
What kind of orders can the
judge make?
The judge can:
•decidenottomakeanorder
•makeanorderforpossessionbut
suspend it. This means that you will
not have to give up possession so
long as you can pay off any arrears
in a reasonable time (the judge
will decide how long) and pay the
instalments as well;
•makeapossessionorderforsome
future date to allow you time to
move out or find somewhere else
to live; or
•makeanorderthatyougiveup
possession a very short time ahead.
•iftheloanagreementis‘regulated’
(see paragraph 4 of the particulars
of claim) the judge can make other
orders which may help you.
Getting help
You should get help and advice
immediately from a solicitor or an
advice agency. This is particularly
important whether or not you
disagree with the claim since these
N7 Notes for defendant - mortgaged residential premises (09.13) © Crown copyright 2013
Notes for defendant - mortgaged residential premises
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