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Defence Form N11M is a key document you would use used in response to a residential mortgage repossession claim brought against you by your mortgage lender.
The form is relatively long, fairly intrusive, and quite complex. However, it does provide a formal backbone for you to create a response to such a repossession claim, offering you the opportunity to explain your situation to the court.
Filling in Form N11M is a vital step when facing a repossession action. Failure to respond is almost certain to result in a quick possession order in your lender’s favour and the rapid loss of your home.
This guide explains what Defence Form N11M requires of you and who can help you fill it in. Finally, it demonstrates how the courts make use of it to come to a decision on repossession claims.
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In this Guide
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01 | How can the Defence Form help you?
By filling in Defence Form N11M you can highlight your side of the story for the court.
You can explain the series of events that led to the repossession hearing, and depending on your circumstances, potentially even help stop your home from being repossessed.
In addition, if you believe your lender has acted inappropriately and has either set the mortgage terms unfairly or has incorrectly accounted for the amount you owe, this form allows you to ask the court to redress this. You should be very careful, and not make such accusations without seeking legal advice.
Note that it is very rare for mortgage lenders to make mistakes in these matters, and the courts are unlikely to look favourably upon any errors on your part.
02 | When and how do you need to submit Defence Form N11M?
You must submit the Defence Form within 14 days (including weekends) of receiving your summons to the repossession hearing. This will have been in the form of an N5 Claim Form and an N120 Particulars of Claim Form.
If you fail to submit the claim form within this time period, you can still mount a defence. However, late submission of Form N11M is likely to require an adjournment, which you will be liable to pay for. This can be very expensive, as you will find yourself not only paying the court costs but also the bank’s additional legal costs incurred by the delay.
You can submit Form N11M both on paper and in a digital format. It is available on the UK Government Website.
03 | Can you fill in Form N11M on your own?
Nothing is stopping you from filling in Form N11M on your own, but it is generally considered a bad idea to do so without having first received legal advice.
Seeking legal advice before filling in the form can help you understand how to best present the required information and stop you from making any costly mistakes.
Ideally, you should seek legal counsel from a solicitor who specialises in property repossessions as their specialist knowledge of the subject can help hugely.
If you are struggling financially, it can be a good idea to apply for Legal Aid. Legal Aid is a program designed to provide representation to those who cannot afford it and can cover home repossessions. You can check if you are eligible here.
If you are not eligible for Legal Aid, there are a number of other options available. These include the Money Advice Service, National Debtline, LawWorks, Advocate, and the Step Change Debt Charity. All of these bodies offer free or low-cost assistance and advice which can be invaluable when facing a repossession hearing.
04 | What are the contents of Defence Form N11M?
Form N11M is a substantial, comprehensive document, bearing the case details in the top right-hand corner.
It is made up of 27 questions together with a Statement of Truth and is spread across seven pages.
These questions are split into four sections: Personal details, disputing the claim, arrears, and about you.
Personal details
(The personal details section of Defence Form N11M, courtesy of the UK Government, reproduced under the Open Government Licence)
The initial section of Form N11M asks for your personal information.
This includes your title (Mr/Ms/Dr etc), first and last name, date of birth, and home address, helping to confirm your identity in relation to the case.
Disputing the claim
(The dispute section of Defence Form N11M, courtesy of the UK Government, reproduced under the Open Government Licence)
The second section of the form asks if you are disputing the claims made by your bank or lender about your arrears.
It asks if you agree with the details provided in the N120 Particulars of Claim Form concerning the property and the arrears owed. If there is any disagreement, the form provides space for you to state your reasons for disagreement and your beliefs surrounding the arrears owed to date.
Defence From N11M also invites you to highlight any other discrepancies in the Particulars of Claim Form and asks whether you wish the court to assess the fairness of your loan agreement or if you intend to request a time order to amend your mortgage terms. (Note that this is only applicable if your loan is a regulated consumer credit agreement. It is advisable to seek legal counsel before pursuing this route.)
Arrears
(The arrears section of Defence Form N11M, courtesy of the UK Government, reproduced under the Open Government Licence)
This segment delves into your mortgage arrears, inquiring about any payments made post-claim issuance, their amounts, and dates.
It also probes into any existing repayment agreements with the lender, and whether you desire a court-structured payment plan to address the arrears.
Here, you can specify the amount you can afford for weekly/monthly payments alongside the current instalments. This section of Form N11M is important as this facilitates making a formal offer to pay.
About yourself
(The about you section of Defence Form N11M, courtesy of the UK Government, reproduced under the Open Government Licence)
The most extensive section, “about yourself” comprises 17 of the 27 questions on Form N11M.
It delves into your household expenses, financial status, and personal circumstances. The following are explored:
- State benefits/income support received or applied for.
- Dependent children and other financial dependents.
- Non-dependent cohabitants.
- Monthly income breakdown.
- Bank or building society account balances.
- Court orders, fines, loans, or credit cards and related details.
- Regular expenses, which are categorised into various totals, including council tax, utilities, credit repayments, food, clothing, other mortgages, and more.
- Priority debts and their details.
- Alternative housing options if a possession order is granted.
- Events or circumstances leading to mortgage arrears and any exceptional hardship that may arise from an immediate eviction.
The Statement of Truth
Concluding the form is a Statement of Truth, to be signed by the defendant or their legal representative, confirming the veracity of the information provided.
Signing this statement holds the signatory accountable for contempt of court if any information disclosed is proven false.
05 | How do you fill in form N11M?
While filling in Form N11M may seem like a challenge, it is achievable.
It is vital to be accurate and honest when providing information on Form N11M. Any discrepancies or false statements could negatively impact your case.
While getting legal advice is advisable, there are some situations where it is essential.
If you intend to dispute the claim, it is vital to get expert legal advice on how to articulate this on the form and what evidence might be needed to support this.
In addition, when attempting to formulate an offer to pay towards the arrears, you should consult with a legal adviser to formulate a realistic, sustainable, and reasonable offer.
06 | How does the court make use of Form N11M?
The court uses Form N11M to gain an understanding of your situation and inform its decision accordingly.
This provides the court with an understanding of your financial circumstances, any disagreements with the lender’s claim, and the events that led to your mortgage arrears. By reviewing the financial information provided in the form, the court assesses your ability to maintain the mortgage, rectify any arrears, and comply with a potential revised payment schedule. If there are special circumstances that led to your mortgage arrears, such as illness or redundancy, the court takes these into account to ensure a fair judgment.
The form also allows you to highlight any discrepancies or disputes with the lender’s claim. This includes any incorrect arrears amounts or unfair terms which the court can then consider when determining the outcome of the case. Note that it is extremely rare for lenders to make accounting mistakes, and legal advice should be sought before pursuing such a claim.
The court uses the information provided in the form, along with other evidence presented during the hearing, to form a judgment regarding whether to make an order, adjourn the case, or set a repayment schedule.
Normally, the courts will make either an outright possession order in favour of the lender, typically with a stated date for leaving the property, a suspended possession order, where the property may be kept as long as an agreed payment plan is kept to, or a time order, where the terms of the mortgage are altered to make repayment more manageable.
Any order a court makes is guided by precedent and the specifics of the situation in question.
- Possession Orders: If you have consistently failed to make mortgage payments, have accrued substantial arrears, and have no viable plan or means to remedy the situation, a court is likely to issue a possession order, allowing the lender to repossess the property.
Failure to engage with the court process or misbehaviour in court can also result in an outright possession order.
- Suspended possession orders: Alternatively, if you have had temporary financial difficulties but now have a stable income, the court may issue a suspended possession order. This order normally requires that you pay the current mortgage plus an additional amount towards the arrears each month, keeping the original terms of the mortgage intact.
- Time orders: Normally the best option for you as the borrower, time orders tend to be given when your financial situation has changed substantially making the original mortgage unaffordable. This can happen when your income is substantially reduced by circumstances outside of your control, such as the onset of a disability. Time orders are aimed at making mortgages sustainable in the long term, by adjusting them to your current financial situation.
If you disagree with a judge’s decision on your case, you can request an appeal.
The appeal, usually heard by a senior judge, could uphold, change, or dismiss the original decision, and also decide on the legal costs.
In summary
Defence Form N11M is a critical document in attempting to defend your home from repossession.
By using this form, you can set out your argument to the court. The form lets the court consider a number of factors, including your ability and willingness to pay back your arrears, your personal, financial, and familial situations and the events leading up to your mortgage arrears hearing.
Filling in Form N11M accurately and promptly is a vital step to ensuring the court makes a positive decision in your favour.
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