Learn your rights

Most people don’t realise it but taking someone to court - especially County Court - is a lot more difficult than it seems. There is a lot of work in between them serving a writ on you and the case being heard. Basically, the court expects the two of you to have sorted out as much of the problem as you can before the hearing. That’s because courts don’t like having their time wasted. That’s why it’s important to make the lender show you that it fulfilled its legal duty to market the property satisfactorily and to make reasonable efforts to obtain true market value for it.

Your legal rights are complex. See a lawyer if you are less than sure, but try to get the lender to produce the evidence behind its demands first. If they won’t produce it, you know that something's fishy and that you don’t need to go to a lawyer immediately.

Read the Home Repossession Page's Legal Rights section for a starter on the case law that supports your rights.

And read the Civil Procedure Rules. These set out how the lender must behave before it can get a court hearing of its claim. The CPR home page is at:
http://www.lcd.gov.uk/civil/procrules_fin/contents/frontmatter/contents.htm

The full text of the CPR is there, with details contents lists etc. There's a useful legal terms glossary at
http://www.lcd.gov.uk/civil/procrules_fin/contents/backmatter/glossary.htm.

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