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When the mortgage company state mortgage arrears amounts in their letters the amount stated should be the original mortgage arrears themselves LESS the amount you have been paying back per month towards the arrears to give a current arrears figure.
Just checking they are not allowed to add extra charges into this amount and then say that this new amount (outstanding mortgage arrears plus copious charges) constitutes as the mortgage arrears figure?
Also is there anything written by the FSA, fos or CML or courts or anyone that can use as reference to back this up?
The reason I am asking this question is becasue I am paying off the arrears at a set amount a month but all the letters etc from the mortgage company show the same initial figure again and again with none of the arrears payements paid to them having been taken off to give a net current arrears amount.
This enquiry is actually quite urgent with very nasty and imminent consequences so all help appreciated
Affixed is an N1244 form which you need to get to the court in order to have a hearing.
Instructions for completing:
1. Your name
2. Tick Defendant
3. Suspension of eviction
4. No
5. Tick at a hearing
6. 15 minutes
Agreed by all parties: No
7. Write - Not applicable
8. District
9. Both Parties
10. Tick box for attached witness statement
Cross out all options except I Believe
Sign and cross out all options except Applicant
11. Sign and cross out all options except Applicant. Enter your address and contact details.
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Hi there, affixed is the statement for Q.10. Enter the information where I have put XXX's - the info for the top bit will be on the eviction order (remove the XXX's). When you print it out make sure your printer is set to A4 paper (not letter size) so it all stays on one page.
You need to take copies of the following:
Your fax asking for clarification of the arrears (Appendix 1)
Letters showing the arrears figure has not changes (Appendix 2)
Proof of payments since Jun/Jul 2008 (bank statements?) (Appendix 3)
On each of the appendices write the claim number on the top left hand corner and the Appendix number on the top right hand corner.
Assemble the pack:
Signed Statement
Appendix 1,2 & 3.
You will then need to photocopy another set for yourself to refer to in court.
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Please consider making a donation, however small, if you have benefited from advice on the forums
This site is run solely on donations
My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.
I hope they do the case in that court as I do not drive, the local court is an hours walk as it is, I am completely on my own and no money until midnight on Tuesday because I paid it all to them!
What about asking for the court legal help people?
I don't need any further info thanks. Hopefully you will get a hearing tomorrow in which case you will be able to ask any legal reps while you are there waiting (don't ask the court staff about them as it's obvious they aren't helpful!). The reps may make themselves known to you - sometimes they have a desk in the waiting room. If you have to have the hearing on Tuesday morning before the scheduled eviction, get to the court early and talk to the reps then.
You should get to the court tomorrow morning in time for it opening.
If by any chance it doesn't go your way (unlikely), ask the judge for leave to appeal.
Fingers crossed for you - don't forget to tell us what happens tomorrow
Ellx
Help us to keep on helping
Please consider making a donation, however small, if you have benefited from advice on the forums
This site is run solely on donations
My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.
Cutting a very long day and story short the notice had been cancelled and no one had told me at all whatsoever and therefore a complete waste of my time, court’s time, judge’s time and everyone else’s time who had helped me.
Once again it goes to show that the apparent “help” supposedly by provided by the Govt and other organisations to help people is rubbish to non-existant and if it had not been solely down to Ell-enn and CAG there would have could been a very very nasty ending.
Actual Mortgage Arrears Clarification
company state mortgage
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