On the 7 August, 2009, The Lord Chief Justice decided to commence operation of the proposed Pre-Action Protocol in Possession Proceedings in Northern Ireland. The Protocol will apply to all cases from the 5/10/2009 but the Courts continue to take the principles contained in the Protocol into account in domestic mortgage repossession cases coming before them.
The Protocol’s aim is to improve communication between lenders and borrowers and to encourage a solution with regards to arrears at an early stage and avoid, where possible, the need for repossession proceedings.
The Protocol sets out the steps which lenders and borrowers should take in order to ascertain whether repayment difficulties with domestic mortgages can be resolved before court proceedings are commenced. Many of these steps are already implemented as best practice by many lenders.
O'Reilly Stewart have over 30 years experience in handling possession cases for both lenders and borrowers.