Thread: Mortgagesplc harassing me & want to repossess my house

I received a letter yesterday from HL interactive solicitors saying

"We act on behalf of Mortgages 1 Limited who have instructed us regarding your mortgage arrears on the above account which presently amount to the sun of £4,033,99. Regretfully, unless we receive positive proposals in writing to clear your arrears within the course of the next 7 days, we have been instructed by our clients to institute proceedings in the county court for possession of your property"

I have a buy to let mortgage with Mortgagesplc - don't know who mortgages 1 LTD is or maybe they are the same company.

I have been paying Mortgagesplc an extra £100 per month for the last yr with out fail, yet Mortgagesplc have continued to ring and write almost every month threatening to go to court and have been charging me an extra £56 admin fee per month for over a year, saying in essence, that's for them to service my arrears.

Mortgagesplc sent a counsellor to my house charged 55 for the privilege. The counsellor went to the wrong house & told Mortgagesplc that he was told that the house was empty for a while & that builders were no longer at the property.

I haven’t had any builders at my property for ages & the property has been tenanted for over a yr.

Can anyone please assist as I feel particularly in this recession period,that Mortgagesplc are harassing me, when I am paying an extra £100 per month, the arrears appear to be accelerating instead of decreasing because Mortgagesplc keep adding unfair charges.

I spoke to a Mortgagesplc rep on the phone just two wks ago & during the discussion they actually told me that I should be ringing every week to update them as to my circumstances.

Plus, can they just run to the courts, when I am paying them extra money each month & repossess the property?

Thanks

Are you aware of the spanking the OFT gave Gmac re arrears charges?

GMAC-RFC Limited fined £2.8million for unfair treatment of customers in arrears and repossessions and will pay up to £7.7m customer redress


All arrears charges are subject to challenge according to the OFT.

No i'm not i'll read that insert in your post. Thanks Homer.

How do i begin the process of confronting mortgage plc's lawyers without mortgage plc trying everything to terminate my mortgage with them. I can't refinance as my credit is a disaster.

I just want Mortgage plc & their lawyers off my back & to stop harrassing me.

Bump.

I've received a duplicated letter of the one i mentioned in my 1st post but dated 5 March 2010 giving me 7 days to respond before they commence repossession proceedings.

I'd be really grateful for any further assistance as to what i should do. Thanks

PLEASE, PLEASE, could someone give me some advice as to what i write to Mortgages plc's solicitors, or do i go straight to the OFT. Thanks

Homer do u know whether i should write directly to the OFT, the solicitor or mortgage plc themselves & what i should be saying, or do u know who else can assist, just that i feel that time is running out for me to reply? Thanks

Think you need Ell-en

Originally Posted by jetli

Think you need Ell-en

Can somebody give her a friendly nudge to this thread :grin:

Thank you Homer i really appreciate your candid comment. It has at the very least, calmed my nerves a little. It's not about being clever, it's about being helpful & you have been helpful in just replying to my post

I have written a quick draft; the property is in both my mother & my name, hence the use of 'we'.

"Dear Sirs,

We wish to dispute the arrears which we are alleged to owe to Mortgages plc.

There are numerous excessive charges at £56 each and charges for the attendance of a counsellor to my home, when they have not even attended the correct property.

I therefore hereby request that Mortgages plc kindly provide me with a statement of my mortgage account covering the last two years, detailing all charges made and for precisely what purpose the charges were made.

We have been and will continue to pay an extra £100 towards our mortgage payments.

Please note that if Mortgages plc insist on proceeding to court to pursue repossession proceedings, we will be placing before the court the fact that we have disputed the arrears and that Mortgages plc has not addressed our concerns."


Hopefully Ell-en and or anyone else, may be able to assist but for now, I think i'm going to follow your advice Homer & send a holding letter, disputing the arrears.


Does my draft sound like it's on the correct track? Thanks again Homer

Looks ok to me, but I'm not the person to be asking.

I would head the letter in bold typeface "official placing of account in dispute" or similar. I would also send a Data Protection Act Subject access request, asking for all information they hold on your account with the statutory £10 fee, paid by cheque or postal order.

Example letters are here....

DATA PROTECTION ACT 1998
Subject access request

Date: xxxxxx

Dear Sir/Madam
Name xxxxxxxxxxxx
Account No’sXXXXXXXXXXXXXXXXXX


I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts and credit cards accounts

I would be grateful if you would provide the following for ALL accounts or associated accounts I hold or have held with your organisation:

1. Full copies of all contracts which you believe exist or have existed between myself and your organisation, including true copies of any documents you hold in support of the same.
2. A complete list of all transactions or statements relating to ALL of my Loan Accounts with your organisation.
3. Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.
4. Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.
5. Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
6. Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.
7. Underwriting sheet or other such document recording any commission (or other) payment made to an intermediary or packager, and/or payment/commission from the insurer in relation to my account.

Where you have used abbreviations and/or codes, I would request that an accompanying sheet be provided so as to translate these abbreviations and/or codes and their meanings, I also request an accompanying appendices of the documents included and reference to the purpose or meaning to those documents.

I request that you provide all the information requested above, even though you may consider that it falls outside Data Protection.

I reserve the right to refer to the contents of this letter if an application for pre-action discovery is necessary relating to any of the documents requested herein.

I enclose a cheque in the sum of £10 to cover your fee.

IF YOU ARE UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIALTELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROTECTION.

I look forward to hearing from you in the first instance of receipt.

Your Faithfully.

......................... ......................... ......................... ......................... .......................
Details of:
SAR (SUBJECT ACCESS REQUEST)




For anyone requesting a Subject Access Request (SAR), they have 40 days to comply and send you all the information they have on you on your accounts.

£10 cheque payment or postal order is required.

Always post by recorded delivery.

When you receive the SAR, you should receive all that is requested within the template, if in doubt just post up here where someone will be able to confirm what is what.

You will or should receive all information going back as far as 6 years, you may be lucky to receive information going back even further, every company varies from one to the other.

Write again to the company if you believe they have not given everything requested, they should write back within a short time and confirm if that is everything they do have on you and your account(s) with them.

You do not always receive recorded discs, however phone calls made Jan 2005 after may have been recorded, where they may then supply the recordings, but otherwise you should receive transcripts of dates, times etc of when calls were made and the reasons for the phone calls.

If there were a joint loan taken out, and you both require details, most companies will want 2 payments of £10 x 2 = £20 cheque or postal order and require 2 signatures, check this with the company concerned to save on time and any come backs.

Again if you feel let down you can always contact the Information commissioners Office, known as the ICO who will be able to direct you here, here is the ICO website for your interest, check this out, as more information will be within their website.
Public information - Privacy rights, Freedom of Information Act - ICO

Thanks Homer. You & Jetli are the only people who have replied to my thread.

Am i doing or saying something wrong, that i've had no other replies? Is my thread in the wrong forum?

Thank you Ell-enn

I've faxed & sent the letter u so kindly drafted Ell-enn with some of Homer's suggestions.

I'll keep you all posted as to what happens next.

Thanks again

Hello,

i'm in a complete state of shock having today received a letter from both the court & Mortgages plc's soolictors indicating that there is to be a repossession hearing on 20 April 2010 this despite my paying the minimum amount due monthly + £100 extra to reduce the arrears & having sent the letter recommended by Ell-enn.

PLEASE PLEASE PLEASE what do i do now?

How can they do this!

Thanks Ell-een for your speedy reply to my desparation.

I've drafted the below letter for mortgage plc's solicitors

"
Dear Sirs,


We are in receipt of your most recent correspondence and are extremely surprised that, Mortgagesplc has elected to commence repossession proceedings, despite the fact that we have been continually making the minimum monthly payment plus £100 for at least one year. Mortgageplc’s action is also in total ignorance of our letter faxed to both mortgage plc & HLt on 12/3/ 2010 and in complete defiance of the Civil Justice Council Morgage Arrears protocols.

Your initial letter dated 4 March 2010and received on Saturday 7 March 2010, gave us seven days to respond with proposals to clear the alleged arrears, Your second letter dated 15 March 2010 a mere 11 days after the first letter states that Mortgageplc has initialed repossession proceedings.

We dispute the alleged arrears and confirm that we will be defending the matter.

Please confirm if the Mortgage plc is Mortgage 1 LTD."

Does this sound OK. I'm so upset about this i'm sure that my anger has spilt over onto the draft.

Yes I did get the N11M form

No i don't have an up to date statement but did request for one in the letter sent last week. Should i send a SAR letter to Mortgagesplc?

I have a fax confirmation sheet for proof of having faxed the letter to both Mortgagesplc & their solicitor.

Ell-enn do u think Mortgageplc have some underlying motive for rushing to court despite receiving payments. we have reduced the arrears by at least £2,000 in the last year yet mortgage plc keep ringing writng almost every two weeks and now are going to court to take what my mother and i worked hard to buy and continue to work hard to keep.

Can i get the solicitors charges removed by the court and the excessive monthly £56 that mortgagesplc have been charging as admin every montha

Thanks Ell-enn

Any suggestions please re my draft in the above post? Thanks

Could someone please tell me how i scan a letter into a post as i want to place a letter i just received from mortgagesplc into a post here.

Thanks