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Response to INFORMATION ON POSSESSION ORDERS & MONEY JUDGEMENT ORDERS

from M Amos (idgroms@hotmail.com)
Mike,

Well done on that, keep fighting. I also second your comment re Guy.

Please find below more useful info I have received from NACAB re MJOs:

The case about the enforceability of money judgments is actually a House of Lords decision: Lowsley and another v Forbes - 29.7.98. You can find the full transcript on the Parliament website www.parliament.uk.

With regards to money judgments, the relevant cases are: Cheltenham & Gloucester BS v Grattidge, CA (1993) 25 HLR 454; Cheltenham & Gloucester BS v Johnson, CA(1996) 28 HLR 885. These state that where the lender requests a money judgment at the same time as a possession order, the court must make such an order. If a suspended possession order is made, the judgment must be suspended on the same terms as the SPO. My understanding is that once the terms of a suspended possession order are breached, then the money judgment can come into effect, should the lender wish it to be enforced (they usually don't bother as they're more interested in getting an eviction appointment with the court bailiffs). So they only need to apply for permission to enforce by means of getting bailiffs to seize goods if more than 6 years have passed since the money judgment has been made. They do not require permission to use other means of enforcement (third party debt order, attachment of earnings order, charging order).

It is the experience of many advice workers that district judges know very little about the following legislation and related caselaw: mortgage possession;possession for secured loans which are regulated by the Consumer Credit Act; extortionate credit, and consumer credit generally. Some advice workers have even done training for the judges in their local county courts on the consumer credit act.

(posted 7888 days ago)

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