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Intent To Repossess Letter for the United Kingdom

Intent To Repossess Letter Template for England and Wales

An Intent to Repossess Letter is a formal notification document used in England and Wales to inform a borrower that the lender intends to take possession of a property due to default on mortgage or loan payments. The document must comply with strict regulatory requirements under English law, including specific notice periods and content requirements as set out in the Consumer Credit Act 1974 and related legislation. It serves as a crucial step in the pre-action protocol for possession proceedings and must include detailed information about the default, options available to the borrower, and consequences of non-compliance.

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What is a Intent To Repossess Letter?

The Intent To Repossess Letter is a critical document in the property repossession process under English and Welsh law. It is used when a borrower has defaulted on their mortgage or loan payments, and the lender has decided to initiate repossession proceedings. The letter must be issued before any court action can begin, typically providing at least 14 days' notice. It must contain specific information required by the Consumer Credit Act 1974 and comply with FCA guidelines, including details of the default, amount owed, actions required to remedy the situation, and available options for the borrower. This document is part of the formal pre-action protocol and demonstrates compliance with regulatory requirements for fair treatment of customers in financial difficulty.

What sections should be included in a Intent To Repossess Letter?

1. Creditor Details: Full legal name and contact information of the creditor

2. Debtor Details: Full name and address of the debtor

3. Property Details: Full address and description of the property under possession

4. Default Information: Details of the default, including amounts owed and payment history

5. Notice Period: Specified time period before repossession action will commence

6. Legal Basis: Reference to relevant contract terms and legislation

7. Required Actions: Clear statement of what the debtor must do to prevent repossession

What sections are optional to include in a Intent To Repossess Letter?

1. Payment Plan Options: Alternative payment arrangements if the creditor is willing to consider them

2. Previous Communications: Reference to prior warnings or notices when there has been previous correspondence about the default

3. Support Services: Information about debt advice services when required by regulations or company policy

What schedules should be included in a Intent To Repossess Letter?

1. Statement of Account: Detailed breakdown of amounts owed and payment history

2. Information Sheet: Standard FCA information sheet about possession proceedings

3. Reply Form: Form for debtor to respond or propose alternative arrangements

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Document Type

Letter of Intent

Cost

Free to use
Relevant legal definitions

























Clauses




















Industries

Consumer Credit Act 1974: Key legislation governing default notices, including sections 87-89 which specify requirements for form and content of notices and minimum notice periods for repossession actions

Law of Property Act 1925: Contains sections 101-103 which outline mortgagee's power of sale and requirements for proper notice in property repossession cases

Financial Services and Markets Act 2000: Sets out regulatory requirements for financial institutions and FCA guidelines on treating customers fairly in repossession cases

Mortgage Conduct of Business Rules (MCOB): Part of the FCA Handbook detailing requirements for fair treatment of customers in arrears and protocol for possession proceedings

Pre-Action Protocol for Possession Claims: Outlines court requirements and necessary steps creditors must take before initiating possession proceedings

Administration of Justice Acts 1970 and 1973: Defines courts' powers regarding possession and borrower's rights to apply for time to pay

FCA Guidelines - CONC: Consumer Credit Sourcebook requirements and Treating Customers Fairly principles for handling repossession cases

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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