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Response to DLA SOLICITORS (ACTING FOR THE HALIFAX)

from David J. Button (davidjohnbutton@supanet.com)
I am afraid this is not the answer you want - the Halifax are within their rights to take the matter to court - it will clearly end up in a suspended possession order which is their way of "securing" the payment of the arrears. The charges for taking out the summons and attending court etc. will be added to your mortgage account.

A warrant is not involved at this stage unless you defaulted on the arrangement set up for you to pay the arrears off at a monthly amount plus the ongoing mortgage instalment.

I would suggest that when offering the roadworks compensation as a payment, you simply mention this and say that you offer £x per month off the arrears. The reason I say this is if the payment comes in from the roadworks compo - all well and good. But if you rely on that and it fails to appear on time or at all - then you might well end up in breach of the order.

The judge, under what is commonly known as the Norgan rules has to allow you a reasonable period to pay off the arrears and this can be as long as the rest of the mortgage term.

You could say to the Judge that you think it unfair that Halifax should take it to court when their money is "guaranteed" but personally, I think he will say that you are in breach of the terms of the mortgage deed and that the Halifax are entitled to take proceedings and to their costs.

(posted 7323 days ago)

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