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Debt Advice Handbook 14th edition

Chapter 12: Action in the county court: possession of goods and property

• Debts regulated by the Consumer Credit Act 1974
• 1. Recovering goods on hire purchase or conditional sale
• The client’s response
• Negotiating before the hearing
• Decisions the court can make
• Warrant of delivery
• 2. Recovering property
• Negotiating before the hearing
• 3. Recovering owner-occupied property
• Guidance to lenders
• Pre-action protocol
• The claim form
• ’Possession claim online’
• After the claim form is issued
• Responding to the claim
• Completing Form N11M
• Powers of the court to deal with possession action
• Adjournments
• Suspended possession orders
• Postponing possession
• The warrant of possession
• Arguing against a possession order
• Time orders
• When a time order is appropriate
• Applications
• The amount due
• How much to offer
• Varying other terms
• Reviews
• After property has been repossessed
• 4. Recovering rented property
• Guidance to social landlords
• The claim form
• Responding to the claim
• What counts as rent arrears
• Powers of the court to deal with possession action
• Assured tenants
• The warrant of possession
• Tenants of properties with mortgage arrears
• Arguing against a possession order
• Arrears because of non-payment of housing benefit
• Postponing possession
• 5. Preventing enforcement
• Setting aside a judgment
• Suspending a warrant of delivery
• Varying the terms of a suspended or postponed possession order
• Suspending a warrant of possession
• Appealing to a judge
• Adjournment

This chapter covers:

1. Recovering goods on hire purchase or conditional sale (here)

2. Recovering property (here)

3. Recovering owner-occupied property (here)

4. Recovering rented property (here)

5. Preventing enforcement (here)

This chapter deals with court action by creditors when they wish to recover goods or property from a client. See Chapter 11 if the creditor is claiming money only.

Note: in some cases, in addition to making an order for payment of money, the court can order a client to give up possession of goods or property to the creditor. However, it can usually suspend the order if the client makes payments to the creditor as ordered by the court. See here, here and here for more details.