Urgent Help needed, re CCJ & Mortgage

[bracknellboy]

Help please,

I have a friend who was recently taken to court for an outstanding repossession of a house in 1994, with the last agreed payment being made in 1997. The Mortgage company (halifax) pursued this case which eventually went to court, and my friend lost the case, despite the council of mortgage lenders ruling, etc. she was landed with over 65,000.00 worth of debt in that case, despite the Halifax claiming 23,000.00 on a MIG.

The Halifax have now placed a charge against her property, are requesting monthly payments, which unfortunately, she is unable to make due to severe financial difficulties, and they have now threatened to sell her house, even though when the charge was made they were told that they could not do this by the judge.

The halifax are still charging 8% statutory interest so the debt is increasing on a daily basis.

Questions;

1) would it be wise to report the Halifax to the council of mrtgage lenders regarding the breach of guidlines,
2) how can statutory interest be stopped?
3)Is there a cheap way in which to challenge the judgement?
4) how do we go about settling this case.

If anyone has any ideas or suggestions for wordings of letters to solicitors we would be most grateful.


Thanks

[bracknellboy]

Hi again,

Sory to be a pain, but is anyone able to help with this quiry?, the other alternative I suppose is to go bankrupt. Any info or wording to solicitors would be gratefully received.

[gemspan]

Hi there

I am sorry to hear about this. If the judge said that the bank were not allowed to do this then you must get back in touch with the court and advise them of the behaviour of Halifax. Send a letter to the court and copy it to the solicitors involved. This will give you some time to see what the judge says.

A charging order is there to be paid when the house is sold - that is what I understand! So they shouldnt be harrassing this person at the moment.

If your friend goes bankrupt then she will lose her house at the mo as well. It might be worthwhile getting in touch with relevant authorities too and also write to the Chief Executive of Halifax and your MP advising him/her of the situation.

Hope this helps
Gemspan

[bracknellboy]

Thanks for your reply,

I think what the judge said was that they would again have to apply to the court for the disposal of the property, but even so the threat is intimidating to say the least.

[bracknellboy]

Hi again,

Sorry to be a pain, but any help in wording a letter to a solicitor would be helpful, something along the line of monthly installment or lump sum in full and final settlement.

Anyones help would be appreciated, but there is a deadline of tomorrow.

Thanks again.

[vandermerwe]

Which court?

In view of time available my advice would be to phone the court manager and ask for advice concerning procedure. She (it's usually a she) will not give you any legal advice but should be helpful concerning timing and requirements.

Not much to give you, I know, but maybe better than nothing.

Good luck!

Vandermerwe

[sequenci]

Originally Posted by bracknellboy

1) would it be wise to report the Halifax to the council of mrtgage lenders regarding the breach of guidlines,

when was your friend first contacted about the house sale?

2) how can statutory interest be stopped?

i don't think that is possible

3)Is there a cheap way in which to challenge the judgement?

a set aside is £65 if you have grounds.

4) how do we go about settling this case.

on the n244 application notice form, we can help with this providing you have a decent ground.

The CML rules are voluntary, however I think it is rather naughty of Halifax. Did they sting them for interest? any interest over 6 years old would have been statute barred so the claim should reflect that.

If anyone has any ideas or suggestions for wordings of letters to solicitors we would be most grateful.


Thanks

[bracknellboy]

There solicitors contacted them about two weeks ago, despite when the charging order was granted the judge did warn them about pushing my m8 into a position where she would have to go bankrupt. I will look at all her paperwork particularly interest and wee what we can do.

Thanks