repossession again

[Beanmistriss]

Here is my original post http://www.theanswerbank.co.uk/Law/Question574 456.html Some more truths have been told. Apparently they went to court a while back and had a repayment schedule drawn up which she has defaulted on. I read on a site that when this happens the mortgage company can go straight back to court to get another eviction notice without even making the person aware. Shes claiming that she only missed half of on payment while on the repayments schedule as she was sick and got paid less that month. Shes going to apply to the court to have the order suspended on the basis that this would be a one off. Can anyone tell me how likley this appeal is to be successful? She's due a baby 3 days before the date for eviction, has 2 dependent 16 year olds (one whos not hers but she has signed guardianship ppapers for) and my blokes daughter lives there too altough shes a working adult. I don't think this will make a diffirence but she thinks it will.

Thanks

[WoWo]

Basically the part about her missing half a payment is total rubbish, the bank wouldn't start repossession proceedings for something so trivial, it took 7 months of full non-payment before it got to that stage when my landlords property was repossessed.

With regards to repayment schedules, what you say is correct, at the initial repossession order what would have happened is that the court will have granted the bank a repossession order, which they then don't enforce if the person pays the agreed sum on time. If at any time the person fails to pay the bank can then go straight to court without involving the person and instruct a court balif to take possession of the property.

However.... at all stages during this process the person owing the money will be informed of the steps taken, and be able to be represented in all the court hearings.

[WoWo]

Sorry got confused with the two posts r.e. the missed payment being on the schedule and not the original mortgage debt.

As she had arranged the payment schedule, she would be fully aware of the consequence of not paying it and therefore if there was a short fall she should have been talking to the mortgage company about it.

As for an appeal it might well succeed if she was indeed ill but in that case I would assume that she has all the relevant medical certificates to back up her claim. However it seems it would only delay the inevitable.

[Beanmistriss]

Thanks WoWo. I think part of the problem may be that she ignores things so I doubt she rang them. Cheers