Pre-Action Protocol for Possession Proceedings Based on Mortgage Arrears in Respect of Residential Property
| Jurisdiction | Northern Ireland |
| Neutral Citation | Pre-Action Protocol for Possession Proceedings Based on Mortgage Arrears in Respect of Residential Property |
| Court | Court of Judicature (NI) |
| Date | 20 October 2021 |
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
PRE-ACTION PROTOCOL FOR POSSESSION PROCEEDINGS BASED ON
MORTGAGE ARREARS IN RESPECT OF RESIDENTIAL PROPERTY
CONTENTS
SECTION 1- INTRODUCTION
Preamble Paragraph 1
Aims Paragraph 2
Scope Paragraph 3
Definitions Paragraph 4
SECTION II - ACTIONS PRIOR TO THE START OF A POSSESSION
CLAIM
Initial contact and provision of information Paragraph 5
Postponing the start of possession proceedings Paragraph 6
Alternative Dispute Resolution Paragraph 7
Complaints to the Financial Ombudsman Service Paragraph 8
Compliance Paragraph 9
SECTION 1- INTRODUCTION
1.1 This protocol describes the behaviour the court will normally expect of the
parties prior to the start of a possession claim within the scope of paragraph
3.1 below.
1.2 This protocol does not alter the parties’ rights and obligations.
1.3 It is in the interests of the parties that mortgage payments are made promptly
and that difficulties are resolved wherever possible without court
proceedings. However in some cases an order for possession may be in the
interest of both the lender and the borrower.
2. AIMS
2.1 The aims of this protocol are to-
(a) ensure that a lender or home purchase plan provider (in this protocol
collectively referred to as ‘the lender’) and a borrower or home
purchase plan customer (in this Protocol collectively referred to as ‘the
borrower’) act fairly and reasonably with each other in resolving any
matter concerning mortgage or home purchase plan arrears; and
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