What to do if your mortgage lender starts court action
Go to your repossession hearing
It is very important to go to your repossession court hearing if you can.
Your claim form has the date, time and address of your hearing.
Hearings take place at a county court. They last about 10 minutes.
You might have to wait some time for your hearing when you get to court.
Tell the court straight away if you cannot go to your hearing.
For example, because of serious illness or a family emergency.
Free legal help on the day
A court duty adviser can look at your case and speak for you at your hearing. Duty advisers are legal advisers at the court.
Everyone can get this help.
A solicitor or duty scheme adviser can speak for you at your hearing if you want them to.
Who goes into the hearing?
Usually, it is:
you
your adviser or solicitor
your lender's representative
the judge
Arrive at court early
It is a good idea to get to the court building 30 minutes before the time on your claim form.
You may have to go through security and bag checks.
Find out more about what to expect at the court on GOV.UK.
Ask for the court usher at reception
The usher tells you which room your hearing is in and where to wait.
Tell the usher you want to see the duty adviser if you do not have legal help.
Bring 3 copies of all the evidence you have
Do not worry if you cannot get everything in the list below. You can still have your hearing.
Evidence is:
your defence form
proof of income, such as payslips or details of benefits
evidence if you’re selling your home, for example letters about a sale
proof if your situation will change very soon, such as a new job offer
any letters you have from your lender
Recent mortgage payments might not show up yet on your lender's records. Bring evidence like a bank statement.
Your adviser uses your evidence to make your case. They show your documents to the judge.
Notes about what you want to say
If you can, make notes before the hearing about what you want to say.
If you’re a joint owner of the property, share your notes with the other joint owners before the hearing. Agree what to say.
You can ask your duty adviser to look at your notes so you feel more confident.
Wait for the judge to look at your case
The lender’s representative might ask to talk to you while you wait for your hearing.
They might ask you to agree to a repayment proposal.
Do not feel under pressure to talk to them at this stage.
You can ask your adviser to talk to them for you.
Last updated: 3 September 2025
