If a few months have passed since your last mortgage payment, you may have a date and time to attend the county court. In such cases, the lender is usually seeking possession.
Please note that a court order does not necessarily mean that you will lose your home. There is still time to get things resolved. However, if you have not already spoken to your mortgage lender, we strongly urge you to do so.
Why Use the N11M Form?
The N11M form can be used to highlight your side of the story. Many homeowners have used this form to stop the repossession process.
The court will send copies of the claim forms (filled in by your lender). You will also be notified of the date of the hearing.
This form is slightly more complicated than the N244 form. You can use it to explain your side of the story and why the lender should not repossess your home.
Filling the N11M Form – Some Basics
The form will need to be completed within 14 days and, before sending back, you should make photocopies for your own records and to take along to the court hearing. Note that if you have passed the 14-day limit, it is still worth sending the form back to the court.
We usually advise seeking legal advice when completing this form. However, we have provided some broad explanations below which should also help.
Please be completely honest – many of the details you provide will be fact-checked. If there is anything that the court deems to be untrue the situation could end up worse:
- You can either print this form off and hand write your responses. If it’s easier, you can fill it out on a computer and print off. However, you will need to sign both versions (using black ink);
- At the top right of the form, fill in the name of the court, case claim number (this should be in the paperwork the County Court has sent you), the ‘Name of Claimant’ (your lender), your own name in the ‘Name of Defendant’ box and the date of the hearing (which will also be on the paperwork).
Filling the N11M Form – The Questions
- Question 1: fill in your personal details;
- Question 2: this is your chance to tell the court if you disagree with the amount your lender says you owe. You should be cautious to make sure that what you are stating is accurate. It is rare that to see any kind of computer/calculation error. However, if you genuinely feel that you have been wronged you should state so;
- Question 3: similar to the above, here you would usually tick ‘yes’ if you agree that there are mortgage repayment arrears;
- Question 4: in some cases, the lender may seek possession for a reason other than mortgage arrears. If this is the case, and you disagree with any part of the claim made against you, now is your opportunity to say so;
- Question 5: you can request for the court to consider whether the terms of your original agreement with the mortgage lender are fair;
- Question 6: A time order essentially means that you are applying to the court to change the terms of your loan agreement. This may be the case if you feel that your arrears have accumulated due to unexpected circumstances (such as illness, employment loss or bereavement). Before ticking ‘yes’, please be aware of what your future financial responsibilities will be as a result of changing your mortgage terms;
- Question 7: You should let the court know if and when you have paid any money to your mortgage lender since the claim was issued;
- Question 8: If you have reached an agreement with your mortgage lender in the period since the claim was issued, this may have not been notified to the court and should be stated here (alongside the amount);
- Questions 9 & 10: asking the court to consider allowing you to pay the arrears by instalments (including the amount you can afford) may mean that your case may be looked at favourably. The judge will check that you can keep up with these mortgage instalments in the future;
- Questions 11 & 12: you can state if you are receiving or have applied for income support (and when you applied, if so);
- Question 13: you can state if the Department of Social Security is helping you pay your mortgage interest (not the repayment element);
- Question 14 & 15: here you should state if you have dependent children (and their ages) or any other people that rely on you financially;
- Question 16: here you should provide details of any other people living in your home for whom you are not financially responsible;
- Question 17: here you should state all the money that you receive (either weekly or monthly) from your job(s), Job Seekers allowance, pensions, child benefit, other benefits and allowances, contributions from others living in your home, maintenance and any other income. Please be as accurate as possible and remember to add up the total at the bottom;
- Question 18: state whether you have a current bank or building society account and how much you are in credit or overdrawn;
- Question 19: state if you have a savings or deposit account and, if so, what the balance is;
- Question 20: here you can highlight any existing court orders or fines (with the court name, claim/case number, balance owing and any instalments paid). Remember to add up the total number of instalments paid at the bottom;
- Question 21: you should provide details of any arrears you have with court payments or fines;
- Question 22: state if you have any loan or credit card debt (with the name of the company, balance owing and any instalments that you have paid). Remember to add up the total number of instalments at the bottom;
- Question 23: you should provide details of any arrears you have with any loan/credit card repayments;
- Question 24: here you can state what your regular expenses are. It may be useful to go through your bank statements over the last few months to provide a more accurate picture;
- Question 25: state any priority debts owed for council tax, water/gas/electricity charges and maintenance arrears. Note that you should only fill this question if you have arrears with these bills. Your normal bill costs should be filled out in the previous question (24);
- Question 26: here you should state if you will have somewhere else to live if an order for possession (repossession) were made. If you and your family were to have a place to go, you should state when you would be able to move in;
- Question 27: in this final section, you can explain of any events or circumstance which have led to your being in arrears with your mortgage (such as divorce/separation, losing your job, bereavement, illness, bankruptcy). You can also state how you would suffer exceptional suffering if, in the worse case scenario, you were ordered to leave the property immediately.
Filling the N11M Form – Remember…
Sign and date the Statement of Truth alongside your full name. Where used, also state the name and position held of the solicitor that will be representing you.
Do not panic – this situation is more common than you think and, providing you are upfront and honest, there’s a good chance you’ll keep your home.
Talk to Property Solvers…
Property Solvers are 24/7 professional private buyers operating all over the UK. For over 15 years we have also helped homeowners facing repossession by offering to buy their properties in as little as 7 days.
Once you have weighed up all of your options and decided that you would like to sell to us, we can get things going straightaway. We will present the court with an exchange contract, proof of cash funds to buy and a firm date for completion. As part of the sale, we will also cover all your legal costs and there are no estate agent fees to pay.
Feel free to visit the repossession section of our website for further information or contact us 24 hours, 7 days a week on 0800 044 3733.