Pre-Litigation Advice for Borrowers
We consider that your response to our recent requests to settle the arrears on your account is inadequate. We therefore have no alternative but to instruct our solicitors to write to you prior to commencing proceedings for possession of your property. This leaflet explains the options available to you and what will happen next if you fail to take action.
Pre-litigation letter
Our solicitors will write to you giving you a final chance to take action before litigation proceedings are commenced.
Please note that any solicitior's charges that we incur will be added to your mortgage account balance upon which interest is charged.
Litigation proceedings
If you fail to take action then we will instruct our solicitors to apply to the County Court for an Order for Possession.
The County Court will allocate a hearing date and confirm this in writing to you.
At the hearing our solicitiors agents will be under instruction to apply for an Order for Possession of your property within 28 days of the hearing should the debt not have been paid in full.
What you should do next
If you are able to settle the arrears in full then you should do so immediately. If you are unable to do so but are able to make a part payment then you should make this payment and put forward your proposals.
You should send any payments or correspondence to:
Leek United Building Society
50 St Edward Street
Leek
Staffordshire
ST13 5DL
The Society will consider any realistic proposals for payment (click here to view 'Options for Borrowers with financial difficulties') - please telephone the direct line 01538 392469 between the hours of 9am and 5pm to discuss your proposals.
The Society will not refuse to accept any payments but may require the litigation proceedings to continue until the arrears are discharged in full.
Whether we withdraw the proceedings will be dependent upon whether you have fulfilled past promises and the rigidity of any proposals put forward.
Court hearing
The Society recommends that you attend the Court hearing and that you put forward any proposals you have to the Judge.
Free legal advice and representation at the Court hearing
In most courts there are 'Court Desks' or 'duty advice desks', which provide homeowners facing repossession with free legal advice and representation at court before a hearing. This advise is available to all and is not means tested. You should always take advantage of this service if it is offered and you have not already sought advice about your case.
Repossession of your property
If you do not respond we will apply to the County Court to enforce any Order for Possession granted and you will receive notice of a date when you must vacate the property. Once you have been evicted we will place the property up for sale and apply any proceeds in reduction of the mortgage debt. You will be responsible for all costs incurred. Any balance outstanding after the application of the sale proceeds will still be your responsibility and the Society will seek to recover this from you.
If a claim is made against any Mortgage Indemnity Guarantee then the insurance company have the right to recover the claim monies from you.
The Society will inform the credit reference agencies that the property has been repossessed. This may affect your ability to raise credit in the future.
Free advice
There are several organisations which offer free debt advice for people with financial difficulties, some of which are listed below. They are able to correspond with the Society on your behalf and may be able to suggest a solution that your had not thought of. We strongly recommend that you contact one of these organisations and their independent advice may enable you to save your home.
If you do not take action now you risk losing your home.
Useful Contacts
Leek United
To confidentially discuss any repayment issues you may have, please use the direct line to the Mortgage Administration Department - 01538 392469 - between the hours of 9am and 5pm.
See also the next page for the details of organisations that offer free help and advice if you have money problems.
Pre-litigation letter
Our solicitors will write to you giving you a final chance to take action before litigation proceedings are commenced.
Please note that any solicitior's charges that we incur will be added to your mortgage account balance upon which interest is charged.
Litigation proceedings
If you fail to take action then we will instruct our solicitors to apply to the County Court for an Order for Possession.
The County Court will allocate a hearing date and confirm this in writing to you.
At the hearing our solicitiors agents will be under instruction to apply for an Order for Possession of your property within 28 days of the hearing should the debt not have been paid in full.
What you should do next
If you are able to settle the arrears in full then you should do so immediately. If you are unable to do so but are able to make a part payment then you should make this payment and put forward your proposals.
You should send any payments or correspondence to:
Leek United Building Society
50 St Edward Street
Leek
Staffordshire
ST13 5DL
The Society will consider any realistic proposals for payment (click here to view 'Options for Borrowers with financial difficulties') - please telephone the direct line 01538 392469 between the hours of 9am and 5pm to discuss your proposals.
The Society will not refuse to accept any payments but may require the litigation proceedings to continue until the arrears are discharged in full.
Whether we withdraw the proceedings will be dependent upon whether you have fulfilled past promises and the rigidity of any proposals put forward.
Court hearing
The Society recommends that you attend the Court hearing and that you put forward any proposals you have to the Judge.
Free legal advice and representation at the Court hearing
In most courts there are 'Court Desks' or 'duty advice desks', which provide homeowners facing repossession with free legal advice and representation at court before a hearing. This advise is available to all and is not means tested. You should always take advantage of this service if it is offered and you have not already sought advice about your case.
Repossession of your property
If you do not respond we will apply to the County Court to enforce any Order for Possession granted and you will receive notice of a date when you must vacate the property. Once you have been evicted we will place the property up for sale and apply any proceeds in reduction of the mortgage debt. You will be responsible for all costs incurred. Any balance outstanding after the application of the sale proceeds will still be your responsibility and the Society will seek to recover this from you.
If a claim is made against any Mortgage Indemnity Guarantee then the insurance company have the right to recover the claim monies from you.
The Society will inform the credit reference agencies that the property has been repossessed. This may affect your ability to raise credit in the future.
Free advice
There are several organisations which offer free debt advice for people with financial difficulties, some of which are listed below. They are able to correspond with the Society on your behalf and may be able to suggest a solution that your had not thought of. We strongly recommend that you contact one of these organisations and their independent advice may enable you to save your home.
If you do not take action now you risk losing your home.
Useful Contacts
Leek United
To confidentially discuss any repayment issues you may have, please use the direct line to the Mortgage Administration Department - 01538 392469 - between the hours of 9am and 5pm.
See also the next page for the details of organisations that offer free help and advice if you have money problems.
