Repossession involves a number of stages, which can take a few weeks or months. Firstly, your lender, your freeholder or their solicitor, should write to you warning you that they are going to start court action.

The court will expect you and your lender to follow the steps outlined in the Pre-action protocol before beginning a court action.

When your lender, freeholder or their solicitor, applies to the court for a possession order, the lender's solicitor will serve you with papers informing you when a hearing is to take place. This is called a summons. In the summons, your lender is called the plaintiff and you are the defendant.

You will also get a Notice of Hearing which tells you the date of the hearing in the Chancery Division of the High Court. Your case is usually heard by the Master in his private chambers.

You should have at least 21 days' notice of the hearing date. You will also receive a form that explains why the lender wants to evict you. This is known as an affidavit.

You should also receive Form 10a. This explains, in plain English what is happening and how to seek assistance. Contact an advice agency as soon as you get a letter from the court.

Your lender must give specific information to the court about the case using the affidavit form. The form should include the following information about each loan:
•    who lives in the property;
•    whether any loan secured by the mortgage is regulated by the Consumer Credit Act and if so the date of the default notice;
•    details of the arrears which caused the lender to start the repossession;
•    details of any payments required to be made as a term of the mortgage;
•    redemption charges if you paid off the loan no more than 14 days after the commencement of the proceedings;
•    the total amount outstanding if the loan is regulated by the Consumer Credit Act;
•    the rate of interest when the mortgage started, when arrears first started and when proceedings began;
•    any steps taken by the lender to recover the mortgage loan;
•    any known information about the borrower's circumstances including entitlement to benefits;
•    if there is anyone with a registered interest in the property who should be given notice of the proceedings i.e. spouse with matrimonial home rights or anyone in the property aged over 18;
•    action the court is being asked to do. For example, give possession or pay total amount owed under the mortgage.

If your lender doesn't provide this information, the court will usually adjourn the case.

You will also get a Form of Reply, also known as a Memorandum of Appearance with your summons. This allows you to reply to the lender's claim, but it is usually your solicitor who fills this in for you.

Even if you do not complete this form, attend your court hearing – you may still be able to stop the repossession.

First section

This section includes a space to dispute the mortgage arrears figure. It asks for details of any arrangements you have made with your lenders to clear arrears. The form also asks you to outline what you can now offer as part of a settlement. The form also asks if you want the court to consider whether the terms of your agreement are extortionate.

Second section

This section asks for your personal and financial information. You must tell the court about:
•    your income;
•    your spending;
•    any other debts;
•    if you receive income support and mortgage interest is paid directly to the lender.

Third section

This section allows you to explain:
•    why the arrears have built up;
•    whether you have found alternative accommodation if your lender gets possession.

You have the opportunity to tell the court of the difficulties you would experience if you lost your home in a short time limit.

Keep a copy of your Form of Reply / Memorandum of Appearance. An adviser can help you to fill the form in. The Master will look at both the affidavit and the form of reply before the hearing. Even if you do not return the form of reply, it is important that you attend the hearing.

Before the hearing you need to:
•    get advice or see a solicitor;
•    complete the Form of Reply you received from the court;
•    negotiate with your lender or freeholder;
•    try to pay as much as you can off the arrears;
•    collect together any relevant documents that you think the Master might want to see (for example, pay slips, bank statements or evidence of any lump sum payments due);
•    prepare a detailed breakdown of your household income and expenditure;
•    continue to make regular payments to reduce your arrears;
•    find out where the court hearing is taking place;
•    prepare notes of what you want to say at the hearing;
•    arrange for a friend, adviser or solicitor to come to the hearing to help you.

Remember that you are unlikely to get legal aid to pay for your solicitor.

If you think you need more time to prepare for the hearing, you must still attend the hearing, but can ask the court to put back the date of the hearing. This is called an adjournment.

The court will need a good reason to agree an adjournment. You might be able to adjourn the hearing if you:
•    have been ill and unable to prepare for court;
•    were on holiday when the summons arrived and you have only had a few days notice of the hearing;
•    need more time to get advice;
•    had a change of circumstances which will improve, or even resolve, the situation (for example, you're about to start a new job).

At the court hearing, you should try to agree a repayment arrangement with your lender, If this isn’t possible, you should explain your circumstances to the Master who can make an Order for repayment arrangement after hearing from both sides.