Check If You Qualify

I’m facing house repossession – what can I do?

Sharon McDougall - Updated - 2nd May 2024 - 3 minutes to read

If you are threatened with house repossession, you need to act quickly. You may be able to negotiate more time to pay – it is often the case that repossession can be stopped or temporarily halted, also offering you time to obtain professional advice.

You must do all you can to make alternative payment arrangements so that if the case goes to court, the Sheriff will see that you have made every effort to resolve the situation.

The actions available to you depend on how far the court process has gone. Let us look at each stage leading up to repossession, and the possible actions you can take.

What happens if I receive a Notice of Default?

You will have received a Notice of Default if you have missed one or more payments. You have a month in which to do one of the following:

Scotland Debt Calculator

Get a rough indication of what your repayments might be under each of our different debt solutions.

Your Total Debt

£0 - £5,000

£5,000 - £10,000

£10,000 - £20,000

£20,000+

Your Employment Status

I am employed

I am self-employed

I am unemployed

I am a student

I am retired

Your Total Monthly Income

£0 - £1,000

£1,000 - £2,000

£2,000 - £3,000

£3,000+

What can you pay monthly towards your debt?

£0 - £100

£100 - £200

£200 - £300

£300+

What is the Home Owners’ Support Fund?

The Home Owners’ Support Fund is a government-run scheme available to residents in Scotland. There are two options that may help you avoid repossession:

  • Mortgage to Rent: this means that your local authority or a housing association will purchase your home and rent it back to you.
  • Mortgage to Shared Equity: you must have at least 25% equity in your property to be eligible for this, and have a minimum of three months’ arrears on your mortgage.In this scheme, up to 30% of equity may be purchased by the Scottish Government, with the mortgage repayments being reduced according to the level of equity sold.

If you have been unable to repay your mortgage arrears or negotiate more time to pay, you may receive a ‘Calling Up Notice’ from the lender.

What happens after I've received a Calling Up Notice?

A Calling Up Notice effectively marks the end of your original loan. They should send the notice by recorded delivery, and are also obliged to inform your local council of your situation.

The council may get in touch to offer support and advice – some local councils even offer to intervene depending on the circumstances of the individual.

So what can you do on receipt of a Calling Up Notice?

If court action proceeds, your creditor will have applied to the court for a Section 24 Notice and an Initial Writ.

Can I apply the Section 24 Notice and Initial Writ?

On receipt of these court documents you can defend the action if you reply to the court within 21 days. Disputing the existence or amount of arrears will result in postponement of the repossession so that the lender can provide more evidence.

You could also gain more time if you feel that you can repay the debt in full, but just need a little more time. This is termed ‘asking for the case to be continued.’ The Sheriff may allow this, but if you fail to repay during this extended time period the repossession will go ahead.

You should seek the advice of a professional Insolvency Practitioner at the earliest stage of difficulty. Do not leave it too long, as once you get into mortgage arrears your lender may act quickly to begin repossession.

Scotland Debt Solutions can offer guidance and support. With offices located around Scotland, we provide free personal insolvency advice to Scottish residents in financial difficulties.

facebook colour icon linkedin colour icon messenger colour icon whatsapp colour icon email colour icon
Sharon McDougall Square

Sharon McDougall

Manager

Other Articles

What to do if you are in debt to Clearpay Stressed woman looking at debt bill

What to do if you are in debt to Clearpay

Clearpay lets you spread the cost of your purchase through 4 instalments, due every 2 weeks. The payment option is available online, through the Clearpay app, and you can also use a digital payment ca...

What to do if you are in debt to PayPal Man holding a credit card

What to do if you are in debt to PayPal

Buy now, pay later (BNPL) services are gaining popularity due to their easy access and flexible repayment options. BNPL is highly appealing as it lets you spread the cost of a purchase, rather than ma...

9 practical tips for cutting your household expenses Household Expenses

9 practical tips for cutting your household expenses

We all want to save on our household bills and have more money in our pocket for the fun things in life. While bills are an unavoidable fact of life, here are some ways you can help to reduce them:

About

Why Choose Us

Usp Discussion

Speak Direct With

A Qualified Adviser

Headset

We Don't Operate

Call Centres

Usp Location

5 Offices in Scotland

National Coverage

Usp House

Ask us About

Home Visits

Usp Award

Fully Regulated Advisors

From a Reputable Firm

Usp Hand Heart

Helping Scots Get

Out of Debt Since 1989

We'll give you a call

Our Scottish based team can help advise you on your debt problems.

Here at Scotland Debt Solutions we take your privacy seriously and will only use your personal information to contact you with regards to your enquiry. We will not use your information for marketing purposes. See our Privacy Policy.

Tools

Useful Tools

Personalised Debt Report
Usp Planner

Personalised Debt Report

Our personalised debt report will help you better understand your financial position and see where your money is going.

Debt Report
Instant Scheduled Call & WhatsApp
Headset

Instant Scheduled Call & WhatsApp

Arrange a call with an expert advisor at a time to suit you or contact our team via WhatsApp for immediate help and advice.

Arrange Callback
Find a Local Office
Usp Signpost

Find a Local Office

We have five offices located across Scotland. Find your nearest one here.

Find an Office

OUR SERVICES

We can help you with...

Sequestration

Sequestration

Sequestration is the Scottish version of bankruptcy and may be suitable for you if you do not have the money to pay back your debts

Find out More
Trust Deeds in Scotland

Trust Deeds in Scotland

A Trust Deed involves making a monthly contribution to your debts for up to four years. After this time any remaining debt included in the Trust Deed will not need to be paid.

Find out More
Debt Arrangement Scheme (DAS)

Debt Arrangement Scheme (DAS)

A Debt Arrangement Scheme (DAS) lets you pay off your debt through a series of manageable instalments over a reasonable length of time.

Find out More
Business Debts
Icon Briefcase

Business Debts

Whether you are a sole trader or a limited company director, we can help you work through your current financial problems including money owed to HMRC

Business Debts

Our Insolvency Practitioners are regulated by ICAS or the IPA and our firm is authorised and regulated by the Financial Conduct Authority

Fees and Information: There are fees associated with our services. These will be fully explained before entering into any of the personal debt solutions referred to on this website. Full details of our fees and how these are charged are fully explained to you prior to you committing to any particular service.

ICAS Insolvency Practitioners