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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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The new Homeowner Mortgage Support Scheme is now launched, great news for those with a temporary loss of income.


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Info:

 

Homeowners Mortgage Support (HMS) could help if your household has had a temporary, unexpected drop in income and it’s harder to meet your mortgage repayments. Find out about the help available - you could be eligible to delay some of your interest repayments for up to two years.

 

Homeowners Mortgage Support : Directgov - Home and community

 

The mortgage lenders listed below have agreed to offer help to their customers through HMS:

 

Bradford and Bingley

Cumberland Building Society

Lloyds Bank Group, including Halifax and Bank of Scotland

National Australia Bank Group, including Clydesdale Bank and Yorkshire Bank

Northern Rock

Royal Bank of Scotland, including NatWest and Ulster Bank

 

A number of other banks, building societies and specialist lenders will be offering HMS to their customers as soon as possible. These include:

 

Bank of Ireland, including Bristol and West

GE Money

GMAC

Kensington Mortgages

the Post Office

Standard Life Bank

 

Some lenders have stayed outside of the scheme, but have set up their own version of HMS. These lenders are: Barclays, (including FirstPlus) HSBC, Nationwide, Santander, (including Abbey and Alliance and Leicester).

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  • 2 months later...

Do you know if there are any letter templates that I can use for my initial application to my lender (Mortgage Express) or relevant threads that I can follow I may have missed.

 

I saw the advicer at the Citizens Advice Bureau, done the budget sheet but I now have to put a letter together asking my lender to put me onto this scheme as I tend to meet all their stated criteria.

 

Thanks

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i am currently gooing through the process with Capstone just went to the homeless housing aid at my local council who is taking me through the process but mine is that it will be sold to a housing association then i would become a tennant any pay rent as i can longer afford the mortgage, i will keep you updated

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Hi

 

Can this help with an eviction order already served (20th July) does anyone know please?

 

My lender is on the list - Mortgage Express owned by Bradford & Bingley.

 

Cheers

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

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OK just been on the website link in original post and came across this in their pdf q&a doc i quote:

 

"Is my lender taking part?

The first lenders will be offering Homeowners Mortgage Support or an equivalent from April 21st. Others will soon follow suit. Check Homeowners Mortgage Support : Directgov - Home and community, or call your lender to find out they are offering HMS or an equivalent."

 

Is this the actual live date for the scheme?

 

- if so why weren't our lenders making us aware of this life-line for ALL customers (& especially those of us with years of not missing a payment?)

 

it looks as though it's actually meant to be exactly what most of us need.....like those temporary spare wheel jobbies where u use it for a minimum time till you can do a proper repair!????

 

do any of you mortage gurus out there know please?

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

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I contacted Birmingham Midshires about going interest only, found them very unhelpful. This scheme wasn't even mentioned, all they said was contact the CCCS, which I have.

 

If I went interest only, I could release about £300 a month.

Archway

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Is this the actual live date for the scheme?

 

The scheme is live right now.

 

it looks as though it's actually meant to be exactly what most of us need.....like those temporary spare wheel jobbies where u use it for a minimum time till you can do a proper repair!????

 

do any of you mortage gurus out there know please?

 

exactly.

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sequenci

 

you mention that you know of a success story so a question please? (as u are the enlightened guru of the subject compared to me!)

 

do you know if they were already at evivtion stage?

 

ok i lied 2 q's...

 

do you know if the live date quoted of the 21st April on the gov website has any significance or is it just someone forgot to get their web-author to check dates etc??

 

why would this be useful?

 

cos there are several things my darling lovely wonderful mortgage company have done to contribute to my rather pants situation I'm going to at least make the FOS aware of and i'm wondering if this date their quoting is the the date the MC's were made aware of this scheme but not joe public?

 

if so I wonder what guidelines the MC's were given by the government??

 

Cheers DeH x

 

so if there are any of the bad peeps reading this who really work for companies that some CAG'rs seem to think are on the forum maybe they'd like to balance their karma & do something good & pm me a copy pretty please!?:lol:

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

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where d'you all get your pretty little pictures from? I want one!!!

 

 

i don't have flash moving 1 but i have other variations of ladies in hats if ya want 1?

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

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would really like to talk to other Mortgage Express customers i noticed there are 1 or 2 (i was beginning to think there was just me)

 

if i start a Mortgage Express thread to 'share' experiences is there anyone else out there up for this?

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

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  • 1 month later...

I have just called my mortgage lender (Birmingham Midshires) and discussed the HMS after being made aware of the scheme by Shelter. They are definitely one of the lenders who have agreed to offer help to their customers through HMS.

 

The criteria is quite tough and not many people seem to be accepted onto the scheme. The main hurdle seems to be that you have to have maintained the last 5 months of mortgage payments and the agreed amount.

 

This is a difficult hurdle for someone like me to be accepted onto the scheme... when they have obviously fallen into arrears with the mortgage lender after a drop in income.

 

The scheme has been put in place to help those who need it... but those who need it aren't eligible!!! ??? !!!

 

So... my next step is to look into why they can not offer help using the scheme if you are already in arrears... and to see if there is a way around this.

 

Any suggestions/comments or advice on this is welcomed.

 

Many thanks

Maxine :-)

Moodle

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I have looked further into the above mentioned problem and have found that although it (to have paid last 5 months of mortgage payments) was one of the fundamental requirements... mortgage lenders DO have the power to accept people onto the HMS scheme regardless of this criteria being met.

 

As long as they can see you are actively doing things... like contacting shelter, obtaining advice from CAB... keeping them informed about your circumstances they should retrospectively allow you to be accepted onto the scheme where you would be required to pay a minimum of 30% of the interest per month. The other 70% gets deferred and added to you total outstanding mortgage... to be repaid later.

 

Hope this is useful for some of you.

 

maxine :-)

 

Shelter England - Homeowner helpline

Moodle

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hiya all thought i'd give u all a quick update, anyway i had my house valued by three independant estate agents all gave me the same so im in negative equity i owe the same on the mortgage as the house is worth:( the application form has gone to the housing assocaition but they are waiting to find out if i will be accepted as i bought the property under the right to buy scheme and i have to wait to see if they will waive the rest of the discount that i will owe them for my application to go through when i brought the property it was 5years until u can sell without the discount having to be paid back it will be 3 years in November.

 

At the moment i'm petrified cause i dont know if im coming or going as im still paying the mortgage company even though i cant afford it the dwp pays some and i pay the rest at the momment im not paying the full amount but the housing aid worker got them to agree to freeze any action while this is being sorted out (i went to the council homeless section hope this can help anybody) I just wonder that if its not accepted the application that is where do i go from there cause ive been paying the mortgage when i could have saved up to to pay a deposit for a private rented place for me and my kids is anyone following this ??? sorry rambling i know i would love to know if there is anyone who has been successful? I had an eviction date set by the way so i know there is a GOD:)

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Hi All,

I'm looking for some advise and I am sorry if I have posted in the wrong area of the site.

I am having a real hard time with my Mortgage provider Bank of Scotland.

The story is back in 2004 I was forced to give up work to care for my Wife, I was getting my mortgage intrest payed by the D.S.S. but I had a shortfall between the D.S.S. payments and the amount of my mortgage so I agreed to pay £100 per month which I found a real struggle anyway my wife died in May 2009 and as I was on my own the D.S.S. payments have changed so I got a fresh letter from Bank of Scotland saying I had a shortfall of £20 per month.

I phoned the bank to query this amount as up to this point I was paying £100, the bank said in May there was no need to set up a standing order for £20 per month as the would take the £20 of the £2734.87 I had accumilated to my account as a result of my £100 per month payments.

I asked why they had let me run this amount up when I was struggling to pay the £100 per month and they should have informed me that £100 per month was to much, I got the usual waffle, I then asked for the overpayment to be returned and they said no as the D.S.S. could ask for their money back at any time, I stressed that the £100 per month was my personal money and not D.S.S. money but they wouldn't move their position.

I contacted the D.S.S. who said that even if major fraud was proven against me the D.S.S. would reclaim the mortgage intrest payments from me and not the bank.(they also said the banks statement was rubbish)

I wrote a letter to the bank back in May asking for them to reconsider their position and told them of my finding with the D.S.S., I also asked them if they are going to continue to hold my overpayment as a sort of deposit/retainer does this mean that everyone who is having their mortgage intrest payed by the D.S.S. must lodge the same deposit/retainer?

I to date have been given a real runaround from not receiving the original letter even though I have the proof of delivery, I phoned in June for a update as I had heard nothing and was told no letter had been received I was given a number to fax a copy to, I left it a week and phone and was again told the fax wasn't received and no record of my last call was logged on my account, I was again asked to fax my original letter to a secure collections number which I did.

At the beginning of August I received a letter saying they have appointed a senior member of their team to look into the issues I have raised and would be back in contact no later than 4 weeks.

On 8th Sept I received another letter from the bank saying they need another 4 weeks.

Where do I go from here?

Am I right or wrong to demand the overpayment back?

Why are they dragging their heels?

Any thoughts would be appreciated.

 

Whistleblower.

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just another udate folks, had a call today from the housing officer who's helping me; he had a meeting with nthe right to buy dept this week and is just waiting to find out if they are willing to waive the discount still owing in order for the process to go ahead, plus they want me to bring details of my son's disability and proof of his benefits so who knows??? He said that it all should be ok so keep me in your thoughts guys :)

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  • 1 month later...

Hi all recieved a letter on Friday from the housing association saying i am eligable and that my application is in process and that someone will be in touch to come out and value the property and give me some more info about being a tenant. tThe letter then goes on to say thatonce an offer is made you get @8 days to decide whether or not to accept, can't wait to be a tenant mad isnt it but it will be more suitable for me and my kids. Keep me in your prayers!

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