Originally Posted by Ed

I do quite a bit of county court litigation, including a few mortgage repo defences. I have yet to hear that argued before the District Judge - I don't think you have a hope of succeeding on that. Fact is you have promised to pay and the reasons for a breach of promise are irrelevant. You can always argue it but I don't think it would work, I think you'd have a repo order made But it might get further when you try to delay an eviction - showing you have reasonable grounds to believe that you can pay - judges are always sympathetic. The Court of Appeal is not though and there are a few unhelpful decisions which in my experience tend to be er glossed over, unless of course the lender is hell bent on getting you out and whoever is doing the advcacy reminds the judge that s/he is bound by them. I think I might try it next one I do

Edit - Something like 'Sir, Mr and Mrs X are adamant that they can afford to repay. They have produced a repayment schedule which I sent to the Court last week. If banks (including the Claimant in the present action) can be refinanced at huge expense because of the problems that they themselves created, and they can get time at taxpayer expense, then surely it's not asking too much for Mr and Mrs X to have the same indulgence. They just need a bit more time and a bit more understanding too.' I'm going to try it Thanks Rog!!