Newcastle’s debt advice team provides free advice and information about the different options and support available.
Phone us on 0191 277 1711.
The advice line is open from 8.30am until 12 noon and from 1 to 4.30pm Monday to Friday. We also have a 24 hour answer phone.
Welcome to the next in our series of articles to help you deal with money worries you may have
Newcastle’s Debt Coordination Team is a group of experts that provide a range of advice and support to people who live in Newcastle. They work together so people know and understand their rights and obligations around housing and debt problems.
Advice is available to help people defend against possession proceedings for owner occupiers and tenants, help with managing debt and can also make sure that you are receiving the benefits you are entitled to, which can help provide a little more household income.
Question. My mortgage lender wants to repossess my house. I have to go to court tomorrow for a hearing. I don’t know what to do. Is it too late to get help?
Answer. You should go to the hearing. You will have a chance to explain things to the court and say how much you can afford to pay. There is a Duty Representation Scheme at Newcastle County Court. They can advise you and represent you at the hearing. Take all the papers to do with the case and your financial circumstances with you. You should get there at least half an hour before the hearing. If your hearing is not in Newcastle don’t worry - all the courts in the Tyneside area have similar Duty Schemes.
Question. I made an agreement with my bank to pay off my mortgage arrears. Now the bank says they want to get a “suspended possession order”. What does this mean?
Answer. A suspended possession order is an order which the court can make at a possession hearing. It means you can stay in the house provided you keep to an agreement set by the court. You have to agree to pay the mortgage plus an extra amount towards the arrears.
If you miss a payment, the lender can then apply to repossess your house. You don’t have to agree to an order being made but it is the court’s decision. Sometimes lenders say you don’t need to attend the hearing, but it is really important that you go so you can tell the court about your circumstances. If the arrears are not too high the court may adjourn the hearing (put it off to a later date). As long as you keep to any agreement you make with the lender you will be okay.
If you don’t keep to the agreement the mortgage lender can go back to court before the adjourned hearing date and ask for a possession order to be made. If the court makes a suspended possession order, you will usually have to pay the lender’s legal costs as well. But this is less likely to happen if the court adjourns the hearing instead.
Question. I got into arrears with a secured loan. The lender got a court order saying they can repossess the house. The bailiffs are coming next week. Is it too late to do anything?
Answer. Get advice straight away. The bailiffs will have a court warrant to repossess your house. You can apply to the court right up to the day the bailiffs are coming to ask them to suspend this warrant. The possession will be put off until there has been a court hearing. You will need to convince the court that you can afford to pay the normal loan payments and some of the arrears.
In some circumstances the court may agree to suspend a warrant more than once. There is a Duty Representation Scheme at Newcastle County Court. They can advise you and represent you at the hearing. Please note this important piece of information. If the court hearing is on the actual day (or anytime after the original possession date) and the court refuses to suspend the warrant your house will be repossessed. You will need to make arrangements to leave your property that day.