Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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BAILIFFS - The Law and Your Rights

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.

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  1. #1
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    Default Unfair treatment for mortgage payments by Halifax - help?

    Unfair treatment for mortgageicon payments by Halifaxicon - help?
    I have recently become a full time carer and now existing on benefits having given up full-time employment. I get a proportion of my mortgageicon costs paid via income support, and have to make up the shortfall myself. I accept this, but I don't accept the way Halifax have calculated my payments to them.
    I pay my mortgage calendar monthly, but my housing cost benefit is paid directly to Halifax 4 weekly. When I calculated my shortfall payment I multiplied the weekly state benefit by 52 & then divided by 12 to get the amount equivalent to a calendar monthly payment. I subtracted this amount from the monthly payment which left me with the amount I have to pay. However, Halifax have said I have to pay over £30 a month more than I calulated, due to benefits being paid to them 4 weekly. They freely admit that end of year one, I will have paid more than I should, and then they will refund me the overpayments. At this stage, I feel supremely confident that I need that £30 per month far more than Halifax does, but they will not budge. So I am going to be paying nearly £400p.a. more than I need to, and then when they get round to it - they will give it back to me. Hope this makes some kind of sense, it's quite complicated to explain! Anyone else in this situation? Any ideas? Any help appreciated!!!!!

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  2. #2
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    Default PLeeeeeASE - why hasn't anyone spoken to me???

    Hi, I'm a a bit of a newbie here. I posted a few days ago about the way the Halifaxicon has calulated the amount I pay on the shortfall on my monthly mortgage payments- I have recently become a full-time Carer for my elderly Father as my Mum recently passed away so a proportionof my mortgageicon costs are covered by benefits, and I have to make up the shortfall. Halifax have used a very unfair way of calculating the amount I pay each month, which will in fact mean that at the end of every 12 months I will have overpaidicon by nearly £400and then they will refund me!!
    I know it's a bit complicated- I posted it on the Mortgage Companies forum and have not had one response - when I look around ths site, that seems to be quite rare! Have I done something wrong in my posting, does no one like me maybe?? There seems to be so m uch amazing support and great advice here, but not for me.
    Would somone just even say hi to me....please....?


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    Default Re: PLeeeeeASE - why hasn't anyone spoken to me???

    I'll say Hi, but I would imagine that if you haven't had any answer, it's because no-one has an answer...

    I certainly do not know what to advise here, I'm sorry.

    In the meantime, I am going to merge your threads, as even if you get no answer, starting new threads only makes things more confused.

    In the future, if your query goes unanswered for a day or so, just write a new post on your existing thread, saying "bump", or "anyone?" or anything really, it will then bring your thread back to the top of the "new posts", ok?

    Apologies to people who I was in the process of helping, I may be gone some time.

  4. #4
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    Default Re: PLeeeeeASE - why hasn't anyone spoken to me???

    Hi ladybird.

    I dont have a morgage so im afraid i cant help you, but im sure on this site someone can.

    If not then you might have to contact a mod.
    But its nice to see you..!

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    Default Re: Unfair treatment for mortgage payments by Halifax - help?

    Thanks Bookworm for your advice about posts - still trying to get my head round the site. And thank you sea-side lady for saying hello. I was beginning to feel like old Billy no friends!


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    Default Re: Unfair treatment for mortgage payments by Halifax - help?

    Hi, Not sure if my maths are right here, but see what figure you get from the following:

    12 x monthly payments = A
    13 x benefit payments = B

    A - B = C

    C divided by 12 should give you your monthly payment
    See how that works


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    Default Re: Unfair treatment for mortgage payments by Halifax - help?

    Hey someone spoke to me! Thanks, in effect that's what I did to calculate my shortfall - but my explanation was not as succinct as yours! What Halifaxicon are saying is that because benefits are paid on a weekly basis every four weeks, this is slightly less than a calendar monthly payment, so Month 1 would see me a bit in arrears, Month 2 a bit more in arrears, and so on until hey presto, benefits make their final payment in the 12 month period(their 13th) which wipes out the whole of the years' accrued arrears, which means the extra I've paid will be an overpaymenticon & I'll get it refunded. I have always had an excellent credit record and now I'm existing on state benefits, I am even keener for it to stay that way - once financial institutions get wind of a claimant they make life as difficult as possible for you when you least need it. So I don't want my mortgageicon account to show any arrears. Think I may be in a Catch 22 here!


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    Default Re: Unfair treatment for mortgage payments by Halifax - help?

    Are you in a postion where you could get your benefit amended so that they make a hardship payment of 4 weeks to put you ahead of the game, so that Halifaxicon have the shortfall at the start?


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    Default Re: Unfair treatment for mortgage payments by Halifax - help?

    Well, PKea, I don't know - didn't think of that, thanks! Having gone through all this, I've just found out that my shortfall has now increased of course, with the 2 interesticon rate increases. And benefits, it seems, only re-calculate your entitlement once a year to take into account interest hikes. As it was, they took 6 months to process my original claim during which time my meagre savings were obliterated -I cannot comprehend that we have "work-shy" people in our country who choose to live on benefits - they must be bonkers, the whole benefits system is a nightmare and even when they sort your claim, you're still left wondering whether you should splash out & eat the ENTIRE tin of baked beans in one go, or save the rest for another day!


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    Default Re: Unfair treatment for mortgage payments by Halifax - help?

    Hi Ladybird,
    Sorry you've been ignored, well, until today. This forum is actually very friendly and posts are usually answered quickly. I'd say its gone a little quiet recently because everyone's gutted about what happened to Jamorgan (see the 'harsh letter' thread). I fully understand your problem but I can't see a way around it. What about a friendly letter to the Halifaxicon outlining your situation? You've probably done this already but it might be worth another go. You could point out that they are a large financial company and you are of very limited means so it would make sense that the £30 a month is better off in your hands than theirs, especially as it represents an overpaymenticon! I'd be tempted to phone them as well and appeal to their better nature (if, indeed, they have one). Or you could try to arrange a meeting with a local manager. You might get lucky and get someone friendly who will be pleased to help. I do hope you get this resolved.
    All the best,
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    Default Re: Unfair treatment for mortgage payments by Halifax - help?

    Thanks Paul for your reply. I have also been keeping tracks of the Kensington mortgageicon fiasco since I joined here, and I felt for them so badly when I read their news. There comes a time when you just can't get up another time after you've been kicked & kicked, and I really hope that the support from the really great people on this site will encourage them to appeal. I probably will have another shot with Halifaxicon, but not convinced any of these places have a "better nature" !


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    Default Re: Unfair treatment for mortgage payments by Halifax - help?

    Would a payment holidayicon for a month or two help - benefits would continue to pay and you would be in advance by a bit.


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    Default Re: Unfair treatment for mortgage payments by Halifax - help?

    If you are on benefits, Halifaxicon will refuse you a payment holidayicon even if you are entitled to one.



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