Help required!Halifax Bank of Scotland charges have almost cost me my home.

[jumoff]

As a result of applying continuous rollover charges to my account (to the tune of almost £4000.00 calculated so far!!)Halifax Bank of Scotland have alomost cost me my house!

Each mortgage payment lodged with them to cover my mortgage payment to GMAC-RFC(another shower of bloodsuckers) has been intercepted by HBOS and their charges deducted from it, thus rendering my mortgage direct debit as "an unpaid item" and having the bare-faced audacity to charge me another £39.00 for it, creating even more revenue for themselves and incurring another £50.00 late payment fee from GMAC-RFC,this has been going on for months and I`m demented !!

The situation has now become so serious that I had to go to court today, to stop GMAC-RFC from repossessing my home.(These are the next crew to be receiving a demand for repayment of fees!)The case has been continued until next month.What I need to know is, can I claim the legal expenses that are inevitably going to be imposed on me from GMAC-RFC,from the HBOS, in with my demand for repayment of fees? Any advice greatly appreciated

[purplefile]

I dont think you could claim the legal fees back unless you could prove beyond reasonable doubt that the mortgage arrears were solely caused by the charges and as you had to miss one payment to get the first charge I think its unlikely.
I think you may have more immediate problems as your possession order has only been suspended for one month.
Have you any thing lined up for the next court or do you think your only option is to raise the full amount owed of arrears before then?
Have GMAC been paid for the last three months?

[jumoff]

Minute for recall of decree - service copy
Sheriff Court: (place) Linlithgow
Court ref. no.: A734/06

GMAC-RFC (pursuer) against DEREK HARE (defender)
The defender moves the court to recall the decree pronounced on 27/09/06 in this case A734/06
Reason for failure to appear or be represented:
We received no communication from the pursuer, or the court,despite lodging motions to oppose, informing us that the Pursuers representatives had attended court on the 27th August 2006.

We had, in fact, been informed,directly by the pursuer(GMAC-RFC), in a telephone conversation on 16th August 2006,that they were withdrawing from court action and that no representation by ourselves would be required.The pursuer, is well aware, that because of lack of revenue, we are defending ourselves in this matter.
We had no knowledge that the case had been heard, which is contrary to what they told us and that it had been continued until todays date.We only became aware of this when a recorded delivery letter, from Messrs McLure & Naismith, was delivered to our home on Saturday 23rd September 2006.
On 26/09/06, after several conversations with the pursuer regarding this letter and payment of all mortgage arrears submitted to them in full(28/09/06), we were assured by the pursuer that the court action would be dropped and that we were not required to attend court.We were informed by the pursuer at 10.30am on the morning of the hearing that, whilst they had received payment in full,as agreed, by the time demanded by them, they could not contact their representative from Messrs McLure & Naismith, in order to insruct him to withdraw.We were at this point , left vulnerable and unable to get to the court in time to lodge defence.
Proposed defence:
It is our proposed defence that we have tried to work with GMAC-RFC and have in the past month at their unreasonable demand, financially overstretched ourselves to pay them £3145.00, clearing ,in full, outstanding mortgage arrears.Given that most mortgage lenders, will enter into rhetoric and reasonable repayment proposal, to try to absolve the situation, when arrears are apparent, GMAC-RFC refused.Despite, over the past 6 months, explanation of the cause of arrears, Bona Fide requests made to them for change of Bank Mandate orders, and what we believe to be reasonable repayment proposals,we have been met with, non-communication, other than those demanding huge amounts of money and a stonewall determination to take us to court, with the view to repossing our home
We have communicated regularly with them, regarding this situation and have in no way tried to avoid payment of said arrears.
We have explained to them that our bank(Bank Of Scotland plc) have been intercepting funds placed into the account by us, to meet our direct debit payments to GMAC-RFC, to fund their excessive charges system and thus rendering our payment to GMAC-RFC as an "unpaid item".Seperate action, against the Bank Of Scotland, regarding this behaviour is being taken by us.
We have repeatedly asked GMAC-RFC to send us out another mandate in order to allow us to make payment from a different bank account, we have had no response.
We had also asked GMAC-RFC to put in place a repayment schedule for the arrears,at a proposed rate of £1000.00 down payment and repayment, to arrears, at the rate of £100.00 per month, which is advised by F.S.A, beleiving ourselves to be acting responsibly. They refused.
It is our opinion that GMAC-RFC have not acted as responsible lenders and despite our best efforts to resolve this matter, they have repeatedly misled us, as to their intentions( Please see enclosed letter dated 26/09/06) and have been deliberately obstructive, in order to gain title of our home.We were told by them,during a telephone conversation,on 16th August 2006 that no further court action was being taken on the 27th August 2006, as a result of us paying £1945.00 towards the outstanding arrears,we requested this in writing and received nothing. This turned out to be an untruth and they went to court anyway, without informing us,despite us making a sizeable contribution towards clearing the arrears.

[clearmydebts]

Have you thought of opening another bank account and making your next payment through it?
let Halifax do their worst if they can not take any charges from you this month.just a thought, hope it helps

[jumoff]

Hiya,

These guys, GMAF-RFC , are ruthless in pursuit. Please see copy:-
We have repeatedly asked GMAC-RFC to send us out another mandate in order to allow us to make payment from a different bank account, we have had no response.
We had also asked GMAC-RFC to put in place a repayment schedule for the arrears,at a proposed rate of £1000.00 down payment and repayment, to arrears, at the rate of £100.00 per month, which is advised by F.S.A, believing ourselves to be acting responsibly. They refused.