Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Im just about to start a claim against SPML for late payments, arrears mangement charges etc. on a secured loan. Already got a list of charges and had a bit of back & forth with them over penalties being unlawful etc. Didn't really want to push it too far until new mortgage sorted out. Same old story - wanted to change DD day due to job circumstances which they refused. Only comes to about £500 of which £100 is for a visit from a debt councellor. This visit never actually took place as I spoke to the gentleman and told him that I was disputing the arrears and not to bother turning up. Seeing as this visit never took place can I claim this back as well? New mortgage completes on Friday so I have no fear of reprisals. The cheeky b*****s even threatened a repossesion at the £300 arrears stage (£300 is 0.2% of the property value of which we have equity of about £60,000). The new mortgage is clearing the balance including the arrears. One thing I never thought of is that in adding these arrears to the new mortgage and repaying it over 20 years they will end up costing us a fair old chunk of change. I had the funds to repay the arrears but refused out of principle and it's too late to do this now as all the redemption statements etc. are now with the new lender and I don't want to go through the whole rigmarole of obtaining these again. What I'm thinking of doing is working out how much the £500 extra I'm having to borrow is going to cost in interest over the new mortgage term and sending them a claim for the £500 plus this amount. Any thoughts on this? Would this be likely to cause a judge to immediately throw the case out?
Personally, I think if you were to list the circumstances to the judge and these seemed to be fair and reasonable in the way you have conducted yourself, there's no reason why it should be chucked out. The penalties are penalties, end of story, so if SPML are telling you to sod off, keep to your timetable and see them in Court!
What a busy time it is for them...LMAO!
-------------------------------------------------------------- HSBC
Settled in FULL on 8/8/06 - £3619.53 CAPITAL ONE
Settled in Full on 6/9/06 - £84.76 ABBEY NATIONAL (Old N&P Mortgage) Settled In Full on 2/3/07 - £307.13 SPML *Court Case Withdrawn - family illness* MORTGAGES PLC *Court Case Withdrawn - family illness*
The ERC is only £118 so I'm not really bothered about that. Just want to p*** them off as much as possible. Was only a few weeks ago I had a tearful pregnant wife calling me at work telling me they were going to reposess our house - all for £300 at the time.
SMPL - do unto them as they have done to you!
sorted out. Same old story - wanted to change DD day due to job circumstances which they refused. Only comes to about £500 of which £100 is for a visit from a debt councellor. This visit never actually took place as I spoke to the gentleman and told him that I was disputing the arrears and not to bother turning up. Seeing as this visit never took place can I claim this back as well? New mortgage
Reply With Quote
