we had arrears with Abbey National and they obtained a repossession warrant in 2001, the arrears were paid off in full. unfortunately due to me being ill this year we fell behind again with the mortgage, Abbey National are now re-using the same warrant for possession. i have offered to clear the £2000 at £500 over the next 4 months but they have refused. Can they use the same warrant still and if so how long can they hold this against us, and could i go back to court with my offer as this does not seem unreasonable to me to clear these off. Andrea

-- andrea Homer (andrea@pooh-town.fsnet.co.uk), October 11, 2004

Answers

If you cleared the arrears back to nil, they should not be able to use the same possession warrant again. You should inform the court that on x date you cleared all arrears and that the claim for possession under that court order was satisfied.

However, if you did not satisfy all the arrears (but you might think you had), and there was in fact a balance due, then the suspended possession order you got in 2001 would still be valid and you could be evicted on a Warrant of Possession if further arrears arose.

You should make an urgent appointment to see the judge and apply to have the Warrant of Possession suspended on terms. You will need to make out a case at the hearing that you can afford to pay the arrears back st so much per month as well as the ongoing monthly payments due. Bear in mind the Norgan ruling.

-- David J. Button (davidjohnbutton@supanet.com), October 11, 2004.

Thank you for your information, i will write to the court today with the relevant information. Could you please explain what the Norgan Ruling is please

-- andrea homer (andrea@pooh-town.fsnet.co.uk), October 12, 2004.

The Norgan ruling was a case involving a BS and a mortgagor called Norgan - on appeal it was held that the mortgagor should if necessary be given the reast of the mortgage term to clear any arrears.

Do a google search, or if you want the exact hearing details, see http://x- stream.fortunecity.com/doomdr/170/cheltenham_and_gloucester_building_ society_v_norgan.htm

-- David J. Button (davidjohnbutton@supanet.com), October 13, 2004.