Solicitors Instructed2023-09-15T10:12:03+00:00

Solicitors Instructed

At some point, while your arrears increase, Your Mortgage Lender will make the decision to start a court action against you. Most Homeowners will have reached this stage by the time they seek assistance from a professional firm like ourselves.

Solicitors Instructed

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The First Step

The first step is a letter from your Mortgage Lender threatening legal action or that they are going to instruct their legal team. Some of the bigger, and more aggressive Lenders have an in-house team, other Mortgage Lenders will outsource to a specialist firm of solicitors.

How your case is progressed in terms of speed is down to the specific lender or legal firm handling your case. In some cases, there will be a new opportunity to negotiate your position and come to an arrangement. However, as this stage, there has to be a solution to the circumstances, an explanation of your circumstances will not achieve a delay or much leniency.

The Solicitors or legal department will apply to the court to start possession proceedings. This is normally done online through the court’s system called Possession Claims On Line (PCOL) and is therefore quite streamlined. A Court Hearing is usually set approximately 6 weeks after the application has been made to the Court.

Repossession - Hearing
The Repossession Process

It’s Still Not Too Late

It is still not too late to reach an agreement at this stage. Your Lender may insist however that you negotiate directly with the Solicitors or legal team, so as to ensure that they do not agree to anything that will jeopardise their ability to achieve a possession order against you.

Importantly, you must exercise the same level of caution. You cannot afford to offer or agree to something like an unaffordable monthly payment or a lump sum payments that are going to stop you making future payments, because it can be used against you if your case proceeds to a court hearing.

At this stage of a case, we are very careful about what we reveal about your circumstances and what proposal is put forward to recover from your position. We will recognise which Lenders and Solicitors will insist on the court action proceeding and those that we believe we can convince to delay the court action altogether.

You can benefit from our decades of knowledge and experience. We can make the negotiation and result of the initial court action relatively painless. It is very important to understand the consequences of any action you might take, and we will be able to offer you a number of different avenues and what the consequences of each will mean for you. We need to make a full assessment of your individual circumstances and will be happy to do so if you contact us.

How to Stop Repossession

Make sure you talk to your lender

1. Don’t take emergency finance

Other companies may have misled you into believing that a bridging loan or short-term finance is your best or even only choice. That’s not true. The temporary relief will be short-lived when you are facing repossession for a much higher sum.

Try not panic and stay calm

2. Don’t accept a quick sale

In desperate situations, you may be tempted to accept a below-market-value “instant cash” offer on your home. Avoid quick sale companies at all costs—they profit from your misfortune. We can provide better options.

 Review household expenditure

3. Get us to help

We can help you navigate through your options. We will force your lender to give you time to make a decision that suits you. Our first step is to assess affordability for you to keep the property long-term. If this is not an option, then we will ensure you speak to regulated finance professionals or have time to sell your property on the open market.

What People Say

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  • I contacted HMS to stop my repossession by my mortgage lender. David at HMS worked with me closely and supported me through the whole process. Today I had a Court... read more

    Matt Stokes Avatar Matt Stokes

    Richard gave us more than we hoped for as we had an expired mortgage term and worried about the looming repossession. We just didn’t know what to do... read more

    Dave Hatch Avatar Dave Hatch

    I contacted David at HMS for advice with my BTL rental who showed they have vast experience and contacts around the property sector. HMS quickly resolved any issues i had.... read more

    Kevin Perry Avatar Kevin Perry

    I will do my best to express how thrilled I am with how Richard handled my case! I had a ridiculously small debt threatening repossession and some free advice from... read more

    Queen Mary Avatar Queen Mary
  • I had some legal issues regarding a property and I googled a solicitor and rang this company which is a family business and spoke to the son of the father... read more

    Kelvin Baines Avatar Kelvin Baines

    A big thanks to HMS, Your professional advice and guidance stopped the repossession of my property. I received an eviction notice from my mortgage provider and didn’t know what to... read more

    Andy Miah Avatar Andy Miah

    I am going to write this about this company Richard and Ben before all this happen with my house I was going through a difficult times I buried my head... read more

    Maria Cardoso Avatar Maria Cardoso

    Richard and his team are extremely knowledgeable, professional and very, very helpful. I cannot recommend them highly enough. They helped me to quickly resolve a legal dispute over a... read more

    Donald Scott Avatar Donald Scott
  • Excellent knowledge of the repossession process, this gave me the confidence to proceed and resolve the situation. Would definitely recommend! Customer service was 10/10 too I was quickly reassured and... read more

    Diane Wilson Avatar Diane Wilson

    Spoke to Richard after being told a notice of eviction is on its way. Almost immediately, my anxiety and panic reduced significantly by listening to what had to say. Treated... read more

    Guitar Dummy Avatar Guitar Dummy

    David was professional, knowledgeable and insightful throughout the process. Would definitely recommend to get in touch. Great guy.

    S P Avatar S P

    Amazing and helpful service - David negotiated a solution with the Lender and all resolved with all parties very satisfied

    Justin O'Neill Avatar Justin O'Neill
  • These guys reached out to me and, by giving me good advice, helped to ease my worries at a very vulnerable time. I would not hesitate to use them if... read more

    Julie dowling Avatar Julie dowling

    Great team Richard amazing did all he could possibly do I was a very difficult case - if you want cherry on top look no further best of breed

    Ricky Bonner Avatar Ricky Bonner

    Just to add it was q very professional and clear advice from Richard of Homeowner management regarding my issues With an excellent feedback and assistance in every way Thank you... read more

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    Well here I am after my first decent nights sleep in I dont know how long. 😊 This was only possible because of the support and guidance I received from... read more

    Natalie Scott Avatar Natalie Scott
  • Richard was very helpful Excellent knowledge on subject matter Anyone looking for sound advice,use this company first

    Stephen Parkyn Avatar Stephen Parkyn

    So very grateful for information given ,so knowledgeable, Answered so many questions and concerns .Thank you

    Angela Aitken - Smet Avatar Angela Aitken - Smet

    I spoke to David for advice regarding a matter for my mum. David was very helpful and reassuring. The advice given was followed and the matter has now been resolved.... read more

    Waseem Jugon Avatar Waseem Jugon

    Absolute legends Richard and Ben are!!!. My knight's in shining armour. They are extremely informative and true to there word. They dealt with my issue very effectively and... read more

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  • David was very professional in the advice given, listening and asking questions to understand my situation. There was no hard sell to benefit from the situation I am in. 1)... read more

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    Great service and David was very helpful. Easy to talk to and made sure I was ok all the time he was helping me. After everywhere finally finished ... read more

    Catherine Dyke (Cat) Avatar Catherine Dyke (Cat)

    Can't recommend HMS highly enough - Richard was amazing, so knowledgeable, helpful and reassuring - honestly don't know how we would have managed without his advice!

    Peter Blunden Avatar Peter Blunden

    I was in the worst possible situation, and felt completely hopeless. I contacted HMS and Richard Harrison took on my case. Straight talking and no messing about; he literally saved... read more

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