Abbey National Mortgages plc v Bernard
Language: English Series: Property and Compensation Reports ; [1996] 71 P&CR 257-263(4)Publication details: 1996Subject(s): Summary: CA 4 July 1995. In 1991 a possession order upon the defendant`s (B) property was suspended on condition that B paid an immediate lump sum, a smaller lump sum the following month then an agreed amount each month. A suspended possession order was made, but no mention was made of the lump sums, only the monthly figure. In 1992 the plaintiff sought to have the terms changed on the grounds that the repayments did not cover the interest accruing, the application was rejected. By 1994 the arrears owing had increased from £36,000 in 1992 to £65,000. The plaintiff again applied to vary the possession order, seeking an increase in the monthly payment. Appeal allowed. Held, that payments could not remain at their present level when there was no hope of repaying the full amount owing, plaintiff had leave to enforce the order for possession.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS54987 (Browse shelf(Opens below)) | 1 | Available | 13494-1001 |
CA 4 July 1995. In 1991 a possession order upon the defendant`s (B) property was suspended on condition that B paid an immediate lump sum, a smaller lump sum the following month then an agreed amount each month. A suspended possession order was made, but no mention was made of the lump sums, only the monthly figure. In 1992 the plaintiff sought to have the terms changed on the grounds that the repayments did not cover the interest accruing, the application was rejected. By 1994 the arrears owing had increased from £36,000 in 1992 to £65,000. The plaintiff again applied to vary the possession order, seeking an increase in the monthly payment. Appeal allowed. Held, that payments could not remain at their present level when there was no hope of repaying the full amount owing, plaintiff had leave to enforce the order for possession.