Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



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.

£19.99 + £1.50 (P&P)


Results 1 to 16 of 16
  1. #1

    Default MX arrears and they are about to take action - help and advice please!

    Hi there,

    Is there anyone out there who can help me?
    We have a former GMAC mortgageicon that went over to mortgageicon Express.
    We were keeping up with the mortgage until I finally succumbed to my illness and disability.

    We are currently five months in arrears which works out to be £4250.
    I was working part time and my wife was working full time and up to earlier in the year keeping up with our mortgage.
    We thought we had sorted ourselves out with my working part time and my wife getting a full time job a while ago.

    I had an operation several years ago, that resulted in damage to my spine, this means I take 35 tablets a day, and have fentanyl (type of morphine) patches, oramorph (another type of morphine). I am stuck in a wheelchair now, I am typing from a special bed installed in our bedroom that is like a hospital bed.

    All this means I cannot really work a lot now. I am waiting for the first of five operations at the start of August so will be out of any sort of working fulltime loop for a few years.
    I will be able to work part time and an employer is willing to let me do this fitting around all my issues.
    My wife works fulltime, but had to take a few months off without pay due my being in and out of hospital.
    overall a loss of income.

    We have managed to stabilise our position, but need to sort out the mortgage arrears.
    We were in arrears a few years ago with MX and it was hell.
    Four of five phone callsicon a day, refusal to accept a deal, threats of a home visit etc.
    we changed our phone number, managed to pay off the debt and were debt free for three years.
    How can I write a letter offering an extra £150.00 a month, which we can pay and try to forestall any action?

    We had a knock at the door which was out of the blue.
    It was an advisor and valuer from them.
    We told him to go away, we were only going to deal with Mortgage Express in writing as our last experience told us they bullied on the phone, never agreed a deal, and kept on phoning us.

    Despite our telling him to go away,
    he came back four times,
    each time was when our neighbours were coming home from work.
    He would stand outside the house and with a raised voice tell us he was there to deal with our mortgage arrears.
    our neighbours know our business.

    Can someone point me towards a letter template our help me out with one to send them as soon as possible?
    I just want to stop and action which the valuer told us they would do, that being taking us to court for repossession.
    I know the court might end up giving possession and then stay it, but it is a worry I could do without.

    I get full DLA, I am as previously stated in a wheelchair.
    I have four outpatient’s appointments a week, which I know is not MX’s fault, but being thrown out of the house will result in my ending up in hospital.

    Please help.

    Follows
    0
    Following
    0

  2. #2

    Default Re: Mortgage Express Arrears Help. Urgent to prevent going to court.

    First of all, do not be scared of Court. I promise you that a judge is a much easier person to deal with than the sort of low life individuals that mortgageicon companies employ.

    Can you explain what stage you are up to with the company? Have they told you formally that they are going to apply for a possession order? Believe me you are a long way from losing your house, and there are many protocols the company should be adhering to. The Council Of mortgageicon Lenders ask that their members not even begin repossession proceedings until you are 6 months in arrears, and then only if the borrower is refusing to communicate.

    Keep calm and lots of people on here will help you. £150 may be too much to offer per month, a judge can spread the arrears over the whole of the rest of the loan.

    How long have you got to go on the loan and what is the sum outstanding?

    ...........we will come back to the people visiting you and shouting your business in the street since that is a contravention of the Data Protection Act and needs to be dealt with separately.


  3. #3

    Default Re: Mortgage Express Arrears Help. Urgent to prevent going to court.

    We have today received a lettericon saying that they will send it to their solicitors if we do not give them a firm proposal to clear the arrears within 6 months. We are five months in arrears as it works out.

    To be honest, I would prefer they agree to an amount that I can afford until it is clear. They have said it will be sent to their solicitor for possession if we do not give them a firm proposal within 14 days, of which I have 13 left.

    We owe 249K, originally a 95% mortgageicon. The house is valued at 220K so lots of negative equity there.

    I would prefer to not going to court as one mistake and your out.


  4. #4

    Default Re: Mortgage Express Arrears Help. Urgent to prevent going to court.

    You might want to contact the local authority (housing department) and ask to speak to someone who deals with the mortgageicon protection fund. In most areas this is woefully under-used. It is a pot of public funds used to assist people who are in difficulties with their mortgages. Depending on your exact circumstances the local authority can pay the arrears off for you as a one off payment, no repayment required from you, or loan you the money at a relatively low interest rate in order that you can repay the arrears. They will only do this if there is a good prospect of you not falling into arrears again.

    Another scheme to consider is the mortgageicon rescue scheme - whereby the local authority or a housing association buy your property, or a share thereof, discharge the mortgages against it, and then you become a tenant.

    Those are things to explore.

    In the interim, you should write to the mortgagee and explain your position, inform them that you can pay the CMI plus X towards the arrears and that you will begin payment of this on <insert the date of next payment>, and that under the pre-action protocols they have ten days in which to accept or decline your offer and provide reasons if they decline.

    I would suggest you include an income and expenditure form with your offer letter so that they can see that you are paying as much as you can afford. You will find a guide about possession proceedings and an income and expenditure form at the following link: http://www.consumeractiongroup.co.uk...r-repossession


  5. #5

    Default Re: Mortgage Express Arrears Help. Urgent to prevent going to court.

    Your negative equity is a problem. How many years/months exactly do you have left to run on the mortgageicon?


  6. #6

    Default Re: Mortgage Express Arrears Help. Urgent to prevent going to court.

    Lea is absolutely right that you should talk to your local authority. Your's are 'special' circumstances and you may well qualify for some help.

    Non mainstream lenders such as these seem very keen to get rid of their mortgagesicon and your negative equity will be making them very twitchy. That said they cannot simply ignore the rules and if you can't agree a reasonable monthly sum then you would be better going to Court and getting a suspended possession order.

    There have been many people on this forum who have ended up paying much less than the lender was pushing for, since the Judge will look for a reasonable solution, rather than whatever suits the lender best. However, the lender will also add pretty much any legal fees they like, so it is worth trying to avoid Court from that perspective.


  7. #7

    Default Re: Mortgage Express Arrears Help. Urgent to prevent going to court.

    We have 19 years left on the mortgageicon. I always thought the higher value houses never got help?


  8. #8

    Default Re: Mortgage Express Arrears Help. Urgent to prevent going to court.

    Your local authority should give you assistance regardless of the value of your house.

    Halifax Bank
    20/01/07 N1 served
    15/02/07 Judgement by default
    Numerous phone calls to Halifax
    21/02/07 Warrant of Execution requested
    02/03/07 Notice of hearing of Application
    Co-op Bank
    17/02/07 S.A.R - (Subject Access Request) Request
    19/02/07 SAR Acknowledged
    HSBC
    20/02/07 SAR
    Please click my scales if this has been helpful
    Follows
    0
    Following
    0

  9. #9

    Default Re: Mortgage Express Arrears Help. Urgent to prevent going to court.

    Quote Originally Posted by Upsetandfrustrated View Post
    We have 19 years left on the mortgageicon. I always thought the higher value houses never got help?
    You don't have a higher value home, it's only £220k and it's in negative equity.

    If you are offering £150 per month towards the arrears that will clear the arrears well within the remaining term of the mortgageicon, which is what the case law, Norgan allows.

    You should still contact the local authority to see if there is any assistance they can offer you.


  10. #10

    Default Re: Mortgage Express Arrears Help. Urgent to prevent going to court.

    Hi Op,

    Lea_HTH said "In the interim, you should write to the mortgagee and explain your position, inform them that you can pay the CMI plus X towards the arrears and that you will begin payment of this on <insert the date of next payment>, and that under the pre-action protocols they have ten days in which to accept or decline your offer and provide reasons if they decline.

    I would suggest you include an income and expenditure form with your offer letter so that they can see that you are paying as much as you can afford. You will find a guide about possession proceedings and an income and expenditure form at the following link: http://www.consumeractiongroup.c o.uk...r-repossession"

    I think that is good advice and if you need help with the letter then someone on here maybe able to offer you some assistance.

    Your local council can help you, without the need of paying for a solicitor's letter.

    Hope this helps.

    Halifax Bank
    20/01/07 N1 served
    15/02/07 Judgement by default
    Numerous phone calls to Halifax
    21/02/07 Warrant of Execution requested
    02/03/07 Notice of hearing of Application
    Co-op Bank
    17/02/07 S.A.R - (Subject Access Request) Request
    19/02/07 SAR Acknowledged
    HSBC
    20/02/07 SAR
    Please click my scales if this has been helpful
    Follows
    0
    Following
    0

  11. #11

    Default

    I all,

    Is it possible someone could help me with a draft letter?
    We have written a letter to them, sent them a cheque for the month plus £150 which is just about what we can afford according to the spreadsheet on the link.

    They have cashed the cheque, but still sent another letter informing us that they will refer it to their solicitors if we do not give them an acceptable proposal within 14 days.
    I don't think my letter covered all the legal angles that to be honest I think their in house legal dept would look at and decide to accept as the court no doubt would either enforce or give a lower figure.

    For me, and please do not think this is a sad story call, I cannot handle as I was diagnosed with cancer on Friday and have an operation next week.

    Any help in the form of a letter that I can just add my details and account number would be ideal and really help me.
    My head is spinning as I type this now.

    Is there anyone who can help with pointing me towards a draft letter to the mortgageicon Express reminding them of the procedures?
    I have contacted the council as suggested and they have definitely said they cannot help.

    If someone can please point me to a letter template that just puts the rules they must follow as they just ignore everything.
    I am totally lost with what to do.

    Thank you if anyone can help.

    Follows
    0
    Following
    0

  12. #12

    Default Mortgage Express Repossession Hearing - Query on legality?

    Sadly, I have a mortgageicon with mortgageicon Express. I never wanted one with them, never knew they were a sub-Prime lender. I believed they were a regular mortgage lender when we first signed for it as their rates were roughly those I had on the High Street.

    In October I missed a payment, due to illness. I phoned and told them I was ill and would make a payment as soon as I could. They asked to be kept informed.

    In November, I managed to do some work, and made a payment that was equal to 2/3 the regular sum. However, twenty days later on the 30th of November I received a lettericon from Hamblins Solicitors telling me that I needed to bring my payments up to date and on the same letter told me they were “attaching Statement of my account”. I had two pages of my statement of my account, payments, interest, payments, interest, missed payment etc.

    I continued to receieve anything between four four and six phone callsicon from Mortgage Express, which I answered for the first week, but got fed up of explaining and confirming that I had reached agreement to pay the arrears when I was fit and had returned to work and stopped answering the phone calls. At this point Mortgage Express started to text me too. I cannot change my number as I have had the same phone number since 1988 and have customers call me out of the blue who last used me in 1990.

    On the 25th January, I received a “Statement of Account” letter informing me that I would have a county courticon date in March for repossession. This letter made me very ill, I was put on strong medication and taken into hospital.

    I was deemed to be better last week and told I could go home, but to be careful to my movements as the several operations would take a while to recover from. Only today have I felt strong enough to go through letters and correspondence.

    That meant speaking to Mortgage Express, I had a long conversation with one of the service team and queried why they were taking me to court for repossession of my home. I told them I was still bed-bound and that it’s a life changing event I would have to deal with, but once better I would be able to return to work and pay off the arrears. I was told by them that the matter is now in the hands of the court and I could ask for an extension in not being repossessed.

    My questions are :

    1. Are they in their rights just to send me a statement in the same November from their Soliciitors despite the fact I had made a payment and was now 2.1 months in arrears?
    2.Is it right the first I know of any Court action is at the end of November with a Court date?
    3. They appear to be saying we are going to court to have it rubber stamped?
    4. What can I do? There was no notice of going to court either from Mortgage Express or Hamblins until they had done the deed.

    Thank you you for your time.


  13. #13

    Default Re: Mortgage Express Repossession Hearing - Query on legality?

    Have you actually received anything from Court with regards to this application ?


    Andy

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0

  14. #14

    Default Re: Mortgage Express Repossession Hearing - Query on legality?

    I've merged an old thread with a bit more history and tidied things up for you

    dx

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
    it makes a thread twice as long to scroll through..save data download times and costs
    If you want advice please PM me a link to your thread. PM advice is not allowed!!
    DX
    RIP Martin3030

    Follows
    1
    Following
    0

  15. #15

    Default Re: Mortgage Express Repossession Hearing - Query on legality?

    Quote Originally Posted by Andyorch View Post
    Have you actually received anything from Court with regards to this application ?


    Andy
    Andy, I received a lettericon this morning with a date next month. They have never sent so much as a default notice, they commenced action 20 days after having our last payment.

    The Crisis Team who are treating me have written to them, however, they have said they will only discuss any repossession delay once they have had Judgement. I am helpless as being bed-bound, the next visit from the Council is next week, I am worried sick that there’s no options left.


  16. #16

    Default Re: Mortgage Express Repossession Hearing - Query on legality?

    Take a read of the following sticky prepared by Site Team expert Ell-enn then you can prepare for the hearing.

    https://www.consumeractiongroup.co.u...r-repossession

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0


Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE
We use cookies to personalise content and ads and to provide social media features. We also share information about your use of our site with our advertising and analytics partners. See details