Would anyone be kind enough to give me some advice.

My husband had recently been seriously ill.

I tried to keep up with the mortgage payments but found it very difficult.

My husband is a very proud man and would not let me ask for any help from the government.

When he was recovered he accepted a very good job abroad and I was left to sort out the arrears with the bank.

They insisted on taking us to court.

The Judge said pay the usual amount and £200 a month extra.

I paid £712 on the date that was arranged and again the second month.

A week into the second month I received a letter saying they were going to repossess.

But I paid it I have the receipts.

I studied the paperwork and realised that the amount of the loan in March 13 had been £92,000

then another paper said the amount of the loan in March 13 had been £106,000

I could not believe it the bank had capitalised the arrears the month before the court hearing

and told the judge that the £106,000 + the arrears was the amount owed.

Really it was £92,000 + arrears.

Correct me if I have got it wrong but once the arrears had been capitalised and the mortgage payment had been raised then at that point there were no arrears??

I asked the bank of scotlands solicitors “Shoosmiths” and they said oh yes we've had that complaint before you are paying twice.

You will have to ask the bank about that.

The Bank of Scotland Capitalised the arrears in March without telling me.

My husband started his job in June 13 so payments started in June so does that mean the arrears were actually for April/May

£1024 I could pay that off in a few months.

What right do they have to repossess even though I paid what the court said and what right do they have to lie to the court.

The banks are disgusting and the courts are allowing them to get away with it.

I have to try and stop this repossession but the bank would not even speak to me they referred me to Shoosmiths.

Would anyone be kind enough to point me in the right direction because I am doing everything by the book and the big bullies are winning.

Kind Regards

Guilain

First see what info you can gain here and also go to the Shelter website It has a very good formula for repossessions

The banks are disgusting and the courts are allowing them to get away with it.

Yes they are, what hold do they have over the government and judicial system.

You will need to deal with Shoosmiths as they are now involved. I have asked someone to look in on you.

You should write to the bank (copy Shoosmiths) by special delivery detailing exactly what you have said above and telling them you will vigorously defend any court action for possession.

Hi thank you so much for replying.

I will write to the Bank and copy to Shoosmiths. I will let you know what they say.

Guilain

I have no idea why the Banks have such power. Why are they bailed out even with such obvious and deliberate disregard for the rules? Why do the Courts back them up no matter what and then use the same rules to ruin hard working law abiding people. It is wrong and so frustrating.

As a simple person I honestly believed that if you told a court the truth and gave evidence to prove the truth then justice would prevail. How wrong am I. From my recent experience with courts, the Judge has barely (if at all) read through the evidence and has made up his mind before you open your mouth.

Do the Banks dictate the law? Are British Judges there for justice or just for show?. If a Judge is presented with evidence and he chooses to ignore it then he should be prosecuted for perverting the course of justice.

Too many people in positions of power are getting away with making the wrong Judgements. A Judge is not challenged, a politician can always say sorry and pay money back because they did not realise their genuine mistake.

They get away with treating us like idiots because we allow them to. I for one am sick of seeing such injustice. I would be more than willing to change things (big Job) any ideas ??

CitizenB

Thank you for your reply,

Guilain

I have had dealings with this shower and their solicitors Shoesmiths/Cobbetts and Irwin Mitchell et al. In our case they said we had gone to the bank to sign an agreement when we were away from home at the time.

They produced a document in support that was for the wrong amount. CCA agreement £25k max ! they where claiming at different amounts depending on which day of the week £61k £40 k £31.

The judge at my application hearing didn't even censure them but let them go away to try again. Luckily for us they got cold feet and discontinued .Perverting the course of justice is still a crime even for them I hope I may have been able to shaft the b888888tds

but by that time I had enough of the stress/ heart problems so agreed to discontinue. My advice is don't trust any of them! just because they have a LLB does not make them honest and that includes the ***********.

The good news is we did get a refund on charges to pay off our overdraft before this fiasco. I still have most of the bumf and my pleadings which I can post if somebody tells me how to do it. Details blanked out of course. I would be more than pleased to stand as a witness against them. Best of luck with your case, I know how stressful it is dealing with these legalised th***********.

Regards Pavi