I have just discovered that my father is to have his house repossed on Thursday!! Is it still possible to stop this if we get the debt to the finance company paid in full?? I only discovered this yesterday (sat). As i have incomplete documents i think he must be 12 months in arrears on a loan that he only owes 12, 600 on. He is not in arrears on his mortgage!! I intend to speak to the finance company Mon.morning as 12 months ago he gave permission for me to deal with this company. Am i able to stop this going ahead or is it a lost cause.?? Thank you for your time and i hope you get this in time to advise me

-- Toni cooper (tonigillian@aol.com), October 28, 2001

Answers

Firstly, on Thursdaym it is extremely unlikely that your father will have his house taken off him - what will likely happen is that a Suspended Possession Order will be made allowing your father to continue to live there on condition he pays x amount off the debt each month and so long as he does this, the possession order cannot be enforced.

If the company are talking to you, ask them if this is what they are after and what are the desired monthly payments. It is now too late to stop costs being added on but in any event, somebody representing your father if not himself MUST attend court. I assume that this company have a charge over the house or a County Court Judgement in order to start the possession proceedings? Check this, because if they have neither, they cannot be successful in their proceeding for a possession order.

Before you speak to the Finance Company on Monday, have in front of you a signed authority from your father for you to act for him. If the FC wont speak to you because of the Data Protection Act, then offer to fax the consent to them and re-phone them.

If your father is elderly or disabled, you go to the court for him - use that signed authority again to act for him and explain to the District Judge why you are there etc. If you have any doubts aboutthe legality of what the Finance Company are doing/seeking, then ask for an adjournment for a few weeks to get legal representation for him.

Please remember that you MUST go to the court on the hearing date as if you don't, the DJ will just make a possession order and your father could be evicted. Also remember that whilst court staff will help you procedurally, they cannot give legal advice or advice you what legal rights you have - see a solicitor under the green form scheme.

Hope this helps - feel free to email me direct if I can help further.

-- David Button (davidjohnbutton@supanet.com), October 28, 2001.