What to do if your mortgage lender starts court action
Deal with court forms
Keep letters and forms that you get from the court and the lender together in a file.
The claim form
The claim form N5 has the date, time and place of the hearing.
Your hearing will usually be 1 to 2 months after you get the claim form.
The particulars of claim
Read form N120 carefully.
It has details about your mortgage and the missed payments.
Make a note if you disagree with anything.
The defence form
Use the defence form N11M to tell the court:
how you can repay the arrears
if you disagree with anything the lender has said
your income, benefits, regular spending and priority debts
Use box 27 on the form to tell the court about any events that have led to your mortgage arrears. For example: divorce, separation, redundancy, bereavement, illness or bankruptcy.
A legal adviser or solicitor can help you with the defence form. They can tell you if:
your lender has not followed the steps that lenders should take
you could ask the judge to change the terms of your mortgage with a 'time order'
Return the defence form to the court within 2 weeks if you can.
Always attend the hearing even if you have not sent in a defence form or sent it back late.
Last updated: 6 March 2023
