That's great news! hope everything goes well for you now

thank you:)

Hiya guys

Well the surveyor and the valuer have been round so im just waiting for the offer to come through watch this space:) has anyone is or going through the process?

hi guys im getting all jump because since everyone has been round i havent a thing i have called the housing assocaition to ask whats happening do you think it too soon? I mean its been over a month so the lady i need to speak to is not in and will call me back later, what if they dont give me a offer? the repairs they said need doing are rather minor im not getting a new bathroom and kitchen just the fence needs replacing and the guttering. is there no-one out there going throughthis? Maybe it wont be completed now until after christmas now how long does it take to complete normally anyone?

Can anyone help me? I'm new to this site and don't know if I'm doing this correctly. Forgive me if I'm not.

We took out a mortgage with Capston Mortgage Services (SPML) and although their interest rates were punitive we didn't have a problem with repayments initially. However, my husband had a couple of heart attack back in 2004 and we fell into arrears which, with all the costs incurred, amounted to £7000. We were taken to court and given a suspended repossession order an started to pay off the arears at £150 per month. This continued until 3 months ago when we found ourselves once more unable to make the payments (mortgage and arears). My husband is self employed and his main client went into liquidation earlier this year. We had managed to continue paying from savings until recently and we informed our MP that we were really struggling. We had earlier asked to be put on an interest only mortgage but were told that it wasn't possible. When I spoke to them I told them that my husband was about to re-start work for his client but we were waiting for them to sort out terms first. We are still waiting. The person I spoke to there appeared very understanding and said he would request that our account and situation be looked at by another department who might be able to help us. 3 weeks passed and we heard nothing so I rang them. The lady I spoke to said that there was nothing they could do to help. When I asked why, she didn't respond but suggested we take out a loan or got a family member to pay the shortfall on our account which was approximately £4,000, otherwise we would lose our home. My husband has secured some work, which will cover our mortgage and our agreed payment towards arrears at the end of this month, and he has applied for several lectureships and other less well-paid jobs too. I spoke to someone at the MP again today and I was told to see someone at the CAB as soon as possible and to also apply for any benefits we might be entitled to. He also suggested asking someone in the family to help. I am a full-time foster carer and earn about £160 per week and when I rang the benefits agency I was told I earned too much to entitle us to any benefits. I have now been told by a friend who works for the DWP that that is incorrect. This will also be looked into when we are at the CAB on Friday. Now to my question...

I have been told that because we have a suspended possession order the MP can simply apply for a warrant and the case would not go back to court. Is this true? I have to ring the MP back on Friday afternoon and would really like to know where we stand on this.

Can anyone help me? I'm new to this site and don't know if I'm doing this correctly. Forgive me if I'm not.

We took out a mortgage with Capston Mortgage Services (SPML) and although their interest rates were punitive we didn't have a problem with repayments initially. However, my husband had a couple of heart attack back in 2004 and we fell into arrears which, with all the costs incurred, amounted to £7000. We were taken to court and given a suspended repossession order an started to pay off the arears at £150 per month. This continued until 3 months ago when we found ourselves once more unable to make the payments (mortgage and arears). My husband is self employed and his main client went into liquidation earlier this year. We had managed to continue paying from savings until recently and we informed our MP that we were really struggling. We had earlier asked to be put on an interest only mortgage but were told that it wasn't possible. When I spoke to them I told them that my husband was about to re-start work for his client but we were waiting for them to sort out terms first. We are still waiting. The person I spoke to there appeared very understanding and said he would request that our account and situation be looked at by another department who might be able to help us. 3 weeks passed and we heard nothing so I rang them. The lady I spoke to said that there was nothing they could do to help. When I asked why, she didn't respond but suggested we take out a loan or got a family member to pay the shortfall on our account which was approximately £4,000, otherwise we would lose our home. My husband has secured some work, which will cover our mortgage and our agreed payment towards arrears at the end of this month, and he has applied for several lectureships and other less well-paid jobs too. I spoke to someone at the MP again today and I was told to see someone at the CAB as soon as possible and to also apply for any benefits we might be entitled to. He also suggested asking someone in the family to help. I am a full-time foster carer and earn about £160 per week and when I rang the benefits agency I was told I earned too much to entitle us to any benefits. I have now been told by a friend who works for the DWP that that is incorrect. This will also be looked into when we are at the CAB on Friday. Now to my question...

I have been told that because we have a suspended possession order the MP can simply apply for a warrant and the case would not go back to court. Is this true? I have to ring the MP back on Friday afternoon and would really like to know where we stand on this.

Hi Peeps

Your mortgage provider can apply straight to the county court for an eviction order. They will then serve Notice of Eviction form on you. Once you get this, don't waste any time, get a solicitor or (I hate to say this again) an independent claims and debt management co in your area [not touting]). Either of these companies will talk to your mortgage provider and immediately get a hearing at the county court to stop the eviction (by using a solicitor or barrister attached to them). The district judge can order that the arrears payments continue. In fact, the judge can make any number of orders, far more reasonable than turning you out of your home. In this respect, it's actually a good thing that hubby's had a couple of heart attacks, because the judge will be sympathetic and unwilling to evict a sick man who if stressed may have another heart attack, and so is therefore classified as "vulnerable" from his home. If minors are in the home, this is also considered. You must be able to show reasonable income and they will want to see an income & expenditure form from you. They (probably the mortgage provider but the court also) will provide it. Ideally you need to know what you're doing when completing this form. What I mean by that is, there are set, agreed trigger figures (maximum amounts) for the amounts you are allowed to use from your income for your expenditure, (which are quite generous) and a solicitor or decent claims company will know these.

An eviction can be stopped with less than 24 hours' notice, as the county court hears such applications on an emergency basis, so don't go worrying, and tell hubby not to worry. This situation is not as black as it appears.

What is evident is that if your interest rate was punitive, whether you signed the mortgage deal or not, you may have a case for an unfair contract. Were you given a cooling-off period? Did you have independent legal advice? Did the mortgage provider tell you to get independent legal advice? What was the role of the mortgage broker? You might like to seek advice on that.

Regards

Liz Southern

Thanks for your words of wisdom! We were not given a cooling off period nor any independent legal advice and the MP did not encourage us to speak to one. When we last went to court, following my husband's heart attacks, the judge actually commented on the fact that the interest rates were extremely punitive. I have read other postings regarding the MP (SPML) and the shabby way they have dealt with others in this sort of situation and understand that they (SPML) are trading while insolvent. Do you know anything about this? Also, although our mortgage was taken over by another cvompany, we were never asked to sign a contract with them and we were never notified officially of the change, simply told during a telephone call. Earlier this year at the end of April, we noticed that SPML had been charging us for household insurance since 2006 even though we had our home insured with Churchill. I immediately contacted them and was told to get Churchill to post proof of insurance to them. Churchill did this by e-mail, fax (3 times) and by post and each time we were told they had not been received. In the end, Churchill sent the statements to us and we posted them to SPML by recorded delivery. I have asked on several occasions if our morgage account has been credited and most recently (a month ago) was told that they would write to inform me once it had been checked. We are still waiting!

Also check the site for posts involving Capstone, SMPL and securitized mortgages. They may not be acting lawfully in that they are not entitled to bring any kind of legal action against the borrower

Thanks for your words of wisdom! We were not given a cooling off period nor any independent legal advice and the MP did not encourage us to speak to one. When we last went to court, following my husband's heart attacks, the judge actually commented on the fact that the interest rates were extremely punitive. I have read other postings regarding the MP (SPML) and the shabby way they have dealt with others in this sort of situation and understand that they (SPML) are trading while insolvent. Do you know anything about this? Also, although our mortgage was taken over by another cvompany, we were never asked to sign a contract with them and we were never notified officially of the change, simply told during a telephone call. Earlier this year at the end of April, we noticed that SPML had been charging us for household insurance since 2006 even though we had our home insured with Churchill. I immediately contacted them and was told to get Churchill to post proof of insurance to them. Churchill did this by e-mail, fax (3 times) and by post and each time we were told they had not been received. In the end, Churchill sent the statements to us and we posted them to SPML by recorded delivery. I have asked on several occasions if our morgage account has been credited and most recently (a month ago) was told that they would write to inform me once it had been checked. We are still waiting!

Hi Peeps,

If by SPML you mean Southern Pactific Mortgage Ltd, they are owned by Lehman Brothers (American company - in trouble). It sounds as though your mortgage was mis-sold to you. You NEED a solicitor or Claims expert who knows what he/she is doing, to enter a defence or indeed, a counter-claim, against SPML. What a mortgage company will tell you is that they don't have to tell you that they have sold your mortgage on to another company. However, you can enter a Defence to any repossession proceedings by SPML that they don't have the right to repossess you, on the basis that once the mortgage is securitised (sold on) they are "dispossessing" you not "repossessing" you. They cannot repossess something they have no right to. A current Land Registry entry is not proof that the mortgage has not been securitised.

However, some judges don't like "technical" defences, so, let's keep things simple. Your mortgage was mis-sold. You had no cooling off period, no independent legal advice, the interest rate is punitive and an unfair business relationship. Your husband is vulnerable. Is the mortgage in joint names? If it is, were you both present when signing? Were both of you individually advised to get individual, independent legal advice? Did your husband bring the forms home for you to sign? This would give you a different and very strong defence to the mis-selling of the mortgage. (You would need different solicitors and different barristers in that case, because of the conflict of interest.)

You have a separate legitimate claim for the insurance payments. However, is there a clause in your mortgage document stating that you must accept an insurer of SPML's choice? In some mortgages or leases it is possible to write to the mortgage provider stating that you refuse their insurer and you will take out your own insurance. Take care, there is usually a deadline for fighting this if you are seeking a refund of past years' money. Best to take out an N1 claim in the County Court.

Was your mortgage self-cert? And was it for a full 25 years?

Firstly, on the insurance, write a complaint to SPML. Don't forewarn them as to any legal action you may be taking. Keep emotive language out of your letters, as you will be disclosing your letters to the court. If you don't want to disclose your letter to the court, put "Without Prejudice" at the top, after "Dear Sirs".

Do you know the name of this other mortgage provider?

Regards

Liz

Hi, thanks for your comments. We do not have to take out insurance with one of their approved insurers. They reimbursed us for a couple of monthly payments around August time but not for the whole amount which goes back to 2006 and totals almost £700 - their calculation. I have been told repeatedly that this amount is going to be deducted from our arrears. We didn't sign our mortgage agreement in front of anyone - it was sent in the post, we signed it and returned it immediately to them. I will explain tomorrow what happened when we went to the CAB today. I didn't sleep last night and can't stay awake any longer...

sub

Hiya Happy New Year everyone just a quick update again well i still havent completed yet turns out the lady looking after my case has been poorly so my case has been passed tosomeone else. Well after speaking to him just before Christmas turns out that the offer is ready to be sent out to me the rent has been set but there is a short fall of about £5000 which my housing man from the council is trying to get spml to write off so to speak if not i have to see if i can get a loan from the repossession prevention fund so im once again still stuck in limbo any thoughts guys?

had a call today from the mortgage company they have agreed to turn the shortfall after the sale of my house which is @£5000 into a loan which i am to pay back at @£100per month they have contacted the council and the housing association to hopefully we should complete in the next 4weeks or so. It will take me around 3 years to pay off the shortfall but at least the pressure will be lifted as my current mortgage is @ £535 per month plus they will sort out the repairs need to my house which i cannot afford to do myself so keep me in your thoughts guys i will let you know how i get on Michx

Great news. Fingers crossed it all goes smoothly for you and you can relax in your home

Your persistence has paid off, well done.

thanks Ellen x

hiya me again i have finally recieved the offer letter and i have had to get a solicitor off the list provided she said she can hopefully get it done and dusted in @3-4weeks .... i will let you know how i get on its being a long road but hopefully im near the end

Hi everyone I bring you good news; finally after months of fretting and uncertainty we have finally completed; HOORAY!!!!!! I am no longer a home owner but now a tenant of a housing association in my area it has taken a while but today I'm smiling and extremely relieved that it is finally over and that I don't have to keep fretting and trying to make deals with the mortgage company and my kids haven't been disrupted and we can stay here i feel so blessed that I've being given a fresh start and chance well I've got to start a claim for housing benefit now but can anyone tell me what to do about the DWP payments? I need to call them to end the payments I know but I hope they wont stop my income support thinking i have money now as i didn't get a bean any advice would be good thank you,

Well i for one am very happy for the mortgage rescue scheme and it does work but it does take time

Hi, soo glad to hear it all worked out for you. Well done for sticking with it - it's been a long road, but you won in the end. Congratulations

Re the DWP payments, I assume you just tell them you're now renting ? Tell them your home was bought by the housing association under the government mortgage rescue scheme.

thanks Ellen I'm feeling so relieved i'm off to get some sleep:) alot of stress left me today

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.

I also contacted BM about the scheme as I recently lost my job and found them to be very unhelpful.

https://www.gov.uk/mortgage-rescue-scheme

It would appear this is no longer available.

However, other advice in this thread is relevant.