Jump to content

Emmr75

Registered Users

Change your profile picture
  • Posts

    15
  • Joined

  • Last visited

Reputation

1 Neutral
  1. Hi, Just thought i'd give you an update as to where we are. After going over the things that were said to me both over the phone and from emails sent by the bank's solicitor I started to feel quite annoyed that the bank had basically tried to transfer all their mistakes onto me. I wrote to the bank to inform them that their behaviour had breached several principles that the bank are obligated to follow in the MCOB rules. Namely: Principle 6, Customers' interests: A firm must pay due regard to the interests of its customers and treat them fairly. Principle 7, Communications with clients: A firm must pay due regard to the information needs of its clients, and communicate information to them in a way which is clear, fair and not misleading. Principle 9, Customers relationships of trust: A firm must take reasonable care to ensure the suitability of its advice and discretionary decisions for any customer who is entitled to rely upon its judgment. The very next day we received a letter from the court with another eviction date on it. This time we had until the 30th May to find somewhere else to live. My heart sank as I thought that was it. There was nothing else I could do. Then I saw the date the application was made and I was horrified. The bank had not given us 14 days as promised, instead they had made the application the very next working day and it had gone through on April 24th. I was outraged at this because throughout this whole experience the bank have not given one thought to what this is doing to our son or to our family as a whole. I was in tears down the phone to the woman at Barclays before the first eviction was cancelled as she just couldn’t understand the effect their treatment was having on us. Having an autistic child can be trying at the best of times, but when we are having to deal with the stress that we may loose our home, it becomes even more difficult. I immediately wrote to the bank highlighting their complete inability to adhere to the laws that govern and offer protection to those effected by disability. I felt that their actions were a complete breach of the Equality Act 2010, therefore illegal. It is completely immoral for the bank to say they will give us 14 days and then make an application the next available day. The bank have completely failed to understand the difficulties our son has to cope with on a daily bases. With something as major as loosing our home and moving, It is an absolute must that we can trust and rely on the information that we are given so as to not cause undue stress or anxiety to our son. I received a call from the bank the next day, which was a Saturday, to say they have decided that my complaints should be treated as official complaints therefore all enforcement action has been cancelled until my complaint has been fully investigated? So, now we are stuck in limbo, after receiving two eviction dates and both being cancelled because the bank made mistakes. I actually hate being in this position as we have no control over our lives, the bank seem to behave as if they are above the law. It would seem that because we are unable to pay our mortgage, we are no longer entitled to fair treatment and all our rights have been stripped away.
  2. Hi, Just thought i'd give you an update as to where we are. After going over the things that were said to me both over the phone and from emails sent by the bank's solicitor I started to feel quite annoyed that the bank had basically tried to transfer all their mistakes onto me. I wrote to the bank to inform them that their behaviour had breached several principles that the bank are obligated to follow in the MCOB rules. Namely: Principle 6, Customers' interests: A firm must pay due regard to the interests of its customers and treat them fairly. Principle 7, Communications with clients: A firm must pay due regard to the information needs of its clients, and communicate information to them in a way which is clear, fair and not misleading. Principle 9, Customers relationships of trust: A firm must take reasonable care to ensure the suitability of its advice and discretionary decisions for any customer who is entitled to rely upon its judgment. The very next day we received a letter from the court with another eviction date on it. This time we had until the 30th May to find somewhere else to live. My heart sank as I thought that was it. There was nothing else I could do. Then I saw the date the application was made and I was horrified. The bank had not given us 14 days as promised, instead they had made the application the very next working day and it had gone through on April 24th. I was outraged at this because throughout this whole experience the bank have not given one thought to what this is doing to our son or to our family as a whole. I was in tears down the phone to the woman at Barclays before the first eviction was cancelled as she just couldn’t understand the effect their treatment was having on us. Having an autistic child can be trying at the best of times, but when we are having to deal with the stress that we may loose our home, it becomes even more difficult. I immediately wrote to the bank highlighting their complete inability to adhere to the laws that govern and offer protection to those effected by disability. I felt that their actions were a complete breach of the Equality Act 2010, therefore illegal. It is completely immoral for the bank to say they will give us 14 days and then make an application the next available day. The bank have completely failed to understand the difficulties our son has to cope with on a daily bases. With something as major as loosing our home and moving, It is an absolute must that we can trust and rely on the information that we are given so as to not cause undue stress or anxiety to our son. I received a call from the bank the next day, which was a Saturday, to say they have decided that my complaints should be treated as official complaints therefore all enforcement action has been cancelled until my complaint has been fully investigated? So, now we are stuck in limbo, after receiving two eviction dates and both being cancelled because the bank made mistakes. I actually hate being in this position as we have no control over our lives, the bank seem to behave as if they are above the law. It would seem that because we are unable to pay our mortgage, we are no longer entitled to fair treatment and all our rights have been stripped away.
  3. Hi Gem, Thank for your reply. I haven't heard from Shelter yet, but I emailed the person who is dealing with our case and I'm just waiting to hear back from her. To be honest, I don't know what to do with the information and experience I've had from Barclays. The information that was in the email from their solicitor was quite precise in that it had the exact figure the DWP are paying Barclays, however, I can't get over the way I kept the women on the other end of the phone just kept saying "I don't understand why you would think the figure was £8000" like I was stupid or something! Their solicitor sent me the following email: The correct Early Redemption Charge is 16,775.70,. We apologise that you were given the incorrect figure in our e-mail dated 12 April 2012. However, we are instructed that the bank had advised you of the correct figure on at least three separate occasions. We are instructed that our client has agreed to cancel the eviction which is scheduled for 20th April 2012. However, we will be applying for a new date 14 days thereafter. This is to allow you time to seek independent financial advice, speak with Barclays Direct Mortgage, and to put further proposals to the Bank for consideration. We understand that our client has advised you that as a senior member of the Bank has already sanctioned enforcement action, any revised proposals will need to be reviewed by them. Now what am I meant to do with this information, do I take it as a correct? The worst thing is it was their solicitor who volunteered the information to me in the first place. I never asked them to find out how much it would be to come out of the fixed rate. I had originally been told it was £8000 back in August, then I got told it was £16,000 and then out of the blue their solicitor told me it was £8000? What was I meant to think? And, I really don't appreciate the way I am now being told a senior member of the bank has sanctioned enforcement action. What is that meant to mean? I got off the phone to Barclays just before 6 o'clock Tuesday evening and then by 9.30am Wednesday morning some senior member had looked into our account and decided to continue with the eviction. What makes it even more laughable is that one of the reasons none of my emails asking for confirmation about the £8000 had been answered was because of the bank's 5 day response policy, but it would seem in a few short hours a senior member of the bank, who holds a position of real power (their words not mine) has looked at our account and ordered the eviction to go ahead. I would really like advice as to how to move this forward, as I'm sure they've broken many conduct rules as well as showing just how incompetent they really are? Thanks, Emmr75
  4. Hi radmm0 As yet we are still in our home for now. The bank cancelled the eviction for 14 days, however they have promised that once the 14 days are up they will apply for another warrant for eviction, this has already been sanctioned by more senior members of the bank. It turns out the information that the bank's solicitor gave me was a load of rubbish and that the amount needed if we wanted to exit our fixed rate was £16,800 and not £8000 as quoted. In fact Barclay's just couldn't understand why I would think the information that their solicitor gave me would be correct? As well, the bank were somewhat confused as to why we would be so desperate to keep our home and pin all our hopes on information that was obviously incorrect when it doesn't change the fact that we can't pay our mortgage and we have to rely on others to pay it for us? It would seem that it doesn't matter if the bank doesn't reply to any emails, regardless if they are from me or Shelter, it doesn't matter if they don't offer us any options and follow protocol, and it doesn't matter if the information we are given is wrong, even 1 week before eviction, because at the end of the day we can't pay our mortgage without help from others, and i was very grateful that Barclay's kept reminding me of that fact!!. I told Barclay's that I was going to write to the FSA, my MP, and the national press and expose them for the incompetent fools that they are, and the next day I get told that there are now more senior members, more powerful people at the Bank who have sanctioned our eviction and any offer has to be agreed by them. Barclay's tried to brush over the FSA saying soothing stupid like they don't just govern them but the rules apply to all banks to make sure they all play fairly. Not sure why I was given that information but I think they were just spouting out crap to distract me from the point that they have made a huge balls up on many levels, and, I don't appreciate their use of intimidation. We are very lucky in that we have a very supportive family who are able to offer us help and support. We will not loose our home, thanks to family but I don't think the fight is over just yet!
  5. Thanks for the reply. Barclays called me yesterday as a way of damage limitation for them to try once again convince me that it was somehow my fault for thinking that what I was being told by their solicitor was actually correct? Throughout the conversation all I kept hearing from Barclays was "I don't understand why you would think that the figure would be £8000 when we told you back in Sept that the penalty charge for early exit would be £16,000?" However, when I said that I had sent several emails asking for confirmation that £8000 was the correct figure, no one had got back to me. To which I was told the bank has a policy where they aim to reply to enquiries within 5 working days and I wasn't their only customer! As well, our advisor from Shelter had emailed them last Friday to also get confirmation as to the correct figure needed to allow us to exit our fixed rate but no one had replied to her email either. Barclays were more concerned in justifying why they had not been able to reply. Their excuse was that my husband's signature on the authorisation form did not match the one the solicitor had, but unfortunately that was a pretty lame excuse because we had already addressed that problem on Monday. My husband had called their solicitor and we resent another form with other identification to their office. It was a little bit after I told Barclays this that they then turned round and said because we had been given the wrong information the eviction would be cancelled for 14 days, however, more senior members of the bank had looked at our account and decided that the eviction should still go ahead on Friday, but the woman on the phone said she had stuck her neck on the line and would over ride that decision and cancel the eviction for 14 days to allow us to put a proposal together. We have received an email form them to say that eviction has been cancelled, however, they will be re applying for another eviction date in 14 days time, and that a senior member of the bank has already sanctioned enforcement action, any revised proposals will need to be reviewed by them. To me that sounds like a threat! Either play ball or else!! It's a shame that this senior member does not have the decency to contact me directly and tell me themselves. In a phone call on Tuesday I told the bank I would be contacting the FSA, my MP, and the national press and tell them what we have been through and how we have been lied to, how requests for information have been ignored and complaints have not been addressed. To me there seems to be a clear indication that both the bank and there legal advisors show sheer lack of competence, which is quite a scary thought seeing as they hold so much power over so many lives. When we received the eviction notice I called Shelter but unfortunately we had to wait a little bit for our advisor to contact us because she wasn't very well and then there was Easter. We had everything prepared last week, but then I got the email from the Bank's solicitor which got our hopes up last Thursday 12th April at 17.45. We hoped that if the information in the email was correct then the we had already arranged for a loan from my mum and we would have paid the exit fee and arranged the arrears payment and the bank would then stop the eviction. It was only because I made repeated phone calls on Tuesday that we found out that we had been given incorrect information. We are livid with the Bank and the way we have been treated. I would really love to know if there is any legal route I can go down to question their conduct as we have been through hell this week, one minute we were on top of the world thinking that we may have the ability to actually save our home and then any hopes were just ripped out from underneath us. Sorry for the garbled post, finding it very hard to keep my thoughts together. Emmr75
  6. Please could someone offer advice as we are on the brink of becoming homeless. We have an eviction date which is this Friday, 20th April. The courts gave an outright possession order in August last year and I have tried on many occasions to try and come to a solution to avoid our home being repossessed. Both Barclays and their solicitor have ignored many of my request for information and now to add insult to injury we have been given information which offered us a glimmer of hope but have been told that the information was in fact wrong and we should disregard it. Our main problem is we are stuck in a fixed rate mortgage of 5.24% and since August I have tried to find a solution which would allow us to exit the fixed rate as it doesn't come to an end until 2017. I was told in August the penalty to exit the fixed rate would be £8000, then I was told that the information I had been given was incorrect and in fact the penalty charge would be £16,000. I tried to negotiate ways in which we may be able to exit the fixed rate but all request fell on deaf ears and there seemed no way out. However, last Thursday at 5.45 I received an email from Barclays solicitor saying if we wished to exit our fixed rate mortgage the penalty for doing so would be around £8000. I immediately emailed their solicitor to ask them to confirm the exact figure needed but did not receive a reply. A family member came to our aid and offered to lend us the £8000 needed to exit the fixed rate as it would mean, or as I was lead to believe it would mean, that our mortgage payment per month would be reduced by nearly £1000. We would be in a far better position to address our arrears and we would not be living with the looming threat of being made homeless. Both myself and an agent from Shelter emailed Barclays solicitor to get confirmation for the amount needed to exit the fixed rate fee and to confirm what the new payment would be but did not receive a reply. Barclays wrote to me in September to say that when our fixed rate term comes to an end our mortgage interest rate would change to their standard variable rate which is 0.95% above base rate. I assumed that the rate I was given in Sept would be the rate that we would be placed on if we paid the penalty to exit the fixed rate term early. However, today after I had to chase the bank for an answer we were told by Barclays that the solicitor had given us the wrong information and the amount to exit our fixed rate term was £16,000 and that even if we did the new rate they would be looking to place us on is 4.99%. Our whole world has now come crashing down. I have spoken to three different Barclays employers today and I've been left feeling utterly devastated. This is our lives they are playing with and they don't seem to give a dam about their customers. The last conversation kept circling round why would I think that the penalty would be £8000 when I had already been informed it was £16,000. To which I replied that the information was given to me by their solicitor so therefore I would expect it to be correct and I had been asking for confirmation but as yet I had received none; and why would I think that the new rate of interest would be at their SVR. If I paid the penalty charge I would be forcing the end of the term and would have to get a new mortgage, which would be difficult because we are unable to pay the mortgage ourselves and we are relying on the DWP to pay the mortgage for us. As well I was told that they wouldn't except payment to exit the fixed rate instead I would have to use it to pay towards my arrears. I have a N244 form ready to take to the court tomorrow but I'm not confident with that working as I have no faith in the courts at all. I just can't believe that Barclays are aloud to treat us in this way. We are classed as a vulnerable family as my son is autistic and my daughter is registered as a young carer. We don't want to loose our home but the bank are unwilling to negotiate any way out of our problems but continue to feed us wrong information, even at this late stage giving us a false sense of hope only to dash it away ageing and question why we would think the information given to us was correct, like we're stupid or something. I'm starting to have panic attacks which are effecting me physically due to the stress the bank are putting us through. Please if there is any one out there that could offer us advice I would really appreciate it as time is something we don't have. Thanks in advance
  7. Hi, So this is the story so far. We have an eviction date which is this Friday, 20th April. However, after many sleepless nights despairing about what will happen I received an email from Barclay's solicitors which was full of a lot of nonsense and contradictions but there was a nugget of hope written with in the email. The email said the bank were able to change the mortgage to a full endowment mortgage, something that has never been requested or discussed before with the bank so was a bit confused, but it also said that if we wished to exit our fixed rate mortgage early there would be a fee of around £8000. Might heart nearly stopped when I read it! We were told back in August that the figure would be around £8000, and back then my mum said she would be able to lend me the money, but then Barclays told me the exit fee was £16,000 and not £8000, and my mum was not able to lend me that much so any chance of getting out of our high fixed rate mortgage was near impossible. There was an immediate rush of panic when I read the email and I called my mum who thankfully said she would lend me the £8000 if it meant we would not be made homeless. I honestly thought we had found a way out of our hole but now I'm starting to panic again because the eviction date is this Friday and I don't know where we stand with the bank. I received the email late on Thursday afternoon and I emailed them straight back to get them to confirm that the figure they wanted was £8000 but as yet I've heard nothing? We have someone from Shelter helping us and I emailed her today voicing my concerns and she wrote back to say that if nothing is heard back from them tomorrow then we could apply to the court to suspend the warrant. However, my concerns are that in her email she says the Judge may agree to delay eviction if we have no where to go or suspend the warrant if we are able to make the contractual payments plus something towards the arrears. I don't want to go to a Judge and commit to something that I'm not sure we can stick to especially when we have been told that we have an option to exit our fixed rate mortgage early. Our mortgage payments would drop by nearly £1000 each month if we exit our fixed rate and we would have no trouble in meeting the payments. I'm in absolute melt down as we seem to have finally been given an option that we are able to fulfil but the bank have not got back and time is running out. And, the only other way out, or so I've been told is to apply to the courts committing ourselves to something I'm not confident we can meet. Would it not be possible to apply to the courts saying the bank have given us an option which we are able to meet, i.e. we have secured the £8000 exit fee and it is ready to be paid and we are able to meet the mortgage payments plus something towards the arrears each month once the interest rate has been changed to the what it would be once the fixed term comes to an end. As yet, The bank have not been in touch and everything is being communicated through their solicitor. I'm not sure if this is why there is a delay but I need to do something quickly because we have very little time left in which to resolve this. Thank you in advance once again. Emma
  8. Hi there, A little update to our desperate situation. I tried to call Shelter but every time I tried there was an answer phone message which said all their operators were busy please call back later so I called the Community legal advice number. I was on the phone for over an hour and felt devastated when I got off the phone. What the advisor told me was basically we have no options. The judge decided back in August that we were unable to pay the mortgage therefore he handed possession of our home to the bank so they could recover their money. In fact, I was told that the bank had actually been generous as they have allowed us to stay in our home for so long. It doesn't matter that we have been paying £800 a month since August, which went up to nearly £1300 in Oct. The bank can, and probably will, argue that we declined their offer of help, even though by help they effectively doubled the length of our mortgage in return for a small reduction each month. The bank do not have to give us any options because the judge has already handed our home to them. I feel so stupid and helpless, and angry that this has happened. I asked whether we could apply for the possession order to be suspended, and I was told there's no point as we can't afford the whole mortgage and the Judge will make his decision based on that fact and would not allow a suspension. We can apply for a stay, and adjourn eviction for probably a month, but we have to ensure we will have the ability to pay the mortgage. To make matters worse the planning application for my husband's land had to be withdrawn. There were some objections put in about the application because one of the neighbours has been knocking on people's doors filling their heads with ideas that the if the change of use application is successful there will soon be a huge industrial size builders yard and the bottom of their garden. All of the objections seemed to accept that the land had been used as a business for many years, but who ever has been knocking on the neighbours doors has told them that the land area being used now is a lot smaller than the area shown on the plan, when in fact it's not. The application was withdrawn and will be resubmitted so as to give more clarification and evidence to show exactly what area is, and still will be, used for commercial purposes. I just don't get it? Our whole lives will be turned upside down soon and we are helpless to stop it. I was advised the only way we could avoid being evicted is to show the courts we are able to pay the full mortgage amount each month plus around £200 extra to cover the arrears. The phone call has left me so depressed I just can't think straight.
  9. Hi, Sorry for not replying earlier but I didn't realise anything else had been posted. All I can say is thank you so much to the both of you. You have know idea how much your comments have boosted me, its the first time anyone has shown any compassion toward our problem. But to clarify a few points, firstly I must apologise if I've waffled on a bit, I am dyslexic which hinders my ability to be concise and sometimes makes it extremely hard to construct a sentence together correctly, and when you add to that all the emotions i'm feeling right now, it becomes a complete disaster. Secondly, we have not been given a date for an eviction, however this is the letter we received on the 16th March, and it was dated 13th March: Dear Madam We have received our client's instructions to enforce the possession order dated 16 August 2011. Therefore we have today asked the Court to issue a warrant of possession. this means that the Court will now allocate a date on which the bailiff will attend at the property to evict you and any other persons in occupation. You will shortly receive direct from the Court details of the time and date of the eviction' However we will also let you have details of the time and date of the eviction in due course. Our client always sees repossession as a last resort. Therefore even at this late stage it is not too late and we encourage you to contact our client, or this office, to see what steps, if any, can be taken to avoid repossession. In addition we strongly suggest that you seek advice from your local citizens Advice Bureau or other free debt advisory service and approach your local housing authority for assistance with re-housing if you do not have altemative accommodation available or arranged. I immediately sent an email to Barclays solicitor saying that we still haven't received any letters from Barclays, as was promised the week before and that I was still waiting for a response to an email sent on Oct 31st 2011. I then received the letter that I discussed above. I'm still perplexed as to why they bother saying "we encourage you to contact our client, or this office, to see what steps, if any, can be taken to avoid repossession." What's the point, they can't make any recommendations or offer any options other than full payment. To add to my bitterness towards Barclays, in their letter dated 16th Nov 2011 they kindly encouraged us to seek independent advice. They also instructed an agent to visit us at our home who may be able to talk through further options. However, I have spoken to the agent who is not an employee of Barclays but acts as a "financial councillor" to ask him what, if any, options should have been made available to us and he was somewhat confused as he was under clear instructions not to discuss any options available but to just make an assessment of our finances. He did however, make a recommendation in his report to Barclays for our mortgage to be placed onto an interest only mortgage for a period as we would be able to cover these payments. I don't know the outcome of his recommendations as, like I've already said, we have not had any form of correspondence from Barclays since Nov, which I have made Barclays aware of but still nothing has been delivered through our letter box from them. I suspect the letter we finally got dated 16th Nov was sent out a different way on request from their solicitor? I thought stupidly that the agent Barclays sent round under the guise of a 'councillor/mediator' would be able help us, which he did try, but Barclays then refused to discuss anything with him because they no longer needed his services. Again, surely if Barclays sees repossession as a last resort, why won't they allow him to discuss the options that may be available to us. I know the law is the law, but I feel Barclays have snared us into a mortgage, that we can no longer afford. We are in this position because of Barclays. Our problems all started because we had a business, and Barclays brought in their "advisors" who were Vantis administrators to offer us some advice. Vantis, seeing that we had a good turn over but like most small business needed support and an increase in our business loan, saw it as a great opportunity to earn money and our company was forced into administration by Barclays as they were a floating charge holder. But that's a whole different story. However, we only agreed to see their advisors because our business relationship manager assured us that they were there to help us instead Barclays retracted on a verbal agreement within two hours of leaving our business and then they tore our lives apart. But my point is, Barclays are giving out misleading information, if they are not prepared to offer us any options and are determined to repossess our home why not just say that in the first place. Why do they keep lying saying that they want to avoid repossession and it is only done as a last resort. As well, we received a letter from income support on Friday 23rd March, dated 19th March, saying that they had under paid our mortgage interests support, and that they owe £1535.82, which will be paid straight to our lender. I did contact Citizens Advice who told me to contact Shelter, which I am doing first thing Monday morning. As well, I don't know how Barclays have come to the figure they want us to pay. Surely we should have a break down of how they have reached their figure? I was really starting to loose the will to carry on as every ounce of energy was being sucked away. But, thanks to the both of you, sometimes it's just knowing that their is someone out there, willing to take time out and offer support and advice, it really has given me a spark of energy to carry on fighting. This time though with a crash helmet on, so I don't hurt my head as much while I'm banging it at against the brick walls. Once again, sorry for the waffle, but thank you so much already. Emmr75
  10. Thank you so much for your advice, it really is a great help. I received a letter today that was supposedly sent in the 16th Nov but we have only just received it. The letter is in response to an email I sent their solicitor on 31st Oct. As already stated we are not receiving any correspondence at all from the bank, and the only reason I believe the letter has finally arrived is because I sent an email to their solicitor on the 16th March informing them that their client had still not responded to my concerns raised in the email dating back to Oct '11. However, what I find absolutely absurd is that both the bank and their solicitor have stated in all their letters that we should contact the bank as soon as possible to discuss the options available but in the letter I have just received in response to my concerns they say that "the staff within the litigation team are legally unable to give financial advice or make any recommendations"! There is only one phone number given for customers to call and every time I have called the number I have been passed to different departments, and during most of the numerous one of the hour long calls I have been bounced backwards and forwards between departments that I get completely confused and stressed and in the end I don't know who I'm talking to. My point though is how on earth am I meant to try and sort our mess out if the person that the bank pass me to is not able to give me any advice? Also, if the bank allowed us to move to interest only for a short period then the payments would be covered with about £70 per month left over to pay towards the arrears. Not a lot, I know but it's something. They are aware of this but as far as I know they are still applying for a warrant of execution for possession. I can't believe that they are allowed to get away with this!
  11. Hi thanks for the reply. To answer your questions How many years/months (exactly) are left on the term of the loan? 15 years left with 5 being at fixed rate However, having just looked at the paper work the letter informing us that our mortgage has been reverted back and our mortgage will mature 16th April 1927? How much was the mortgage for/how much is left outstanding? The original mortgage was £279000. I'm not sure how much we now owe as we haven't received any info at all from Barclays, but our last mortgage statement says £278592, and this was back in Oct, not sure what the figure is now with added interest and fees? Is your current payment interest only or repayment? The mortgage is part repayment part interest only. £160000 was interest only and £119000 was repayment. How much is the property worth? £400000 How much are the arrears? The arrears were around £15000 in August but in the letter from Barclays solicitor dated 29th Feb they say the arrears are £18058. How much is the current instalment (CMI)? The current monthly instalment is £1503 How much of the CMI can you currently afford? At the moment we can't afford anything, we are living close to the breadline but my mum has offered to help with a payment of £800 per month, which she is paying directly to Barclays. Exactly how long do you think it will be before you can afford the full CMI? If all goes well with the planning decision we should be back in a position to pay as early as April. The above questions require only very short answers. When the original possession order was granted, how much were the arrears at that time? Just over £15000 Did you receive any contact from the local authority with regards to the Mortgage Rescue Scheme? Our local authority did contact us and I was told that we were not entitled to any help as we had too much equity. Thanks once again, Emma
  12. Hi, I’m desperately in need of any advice as I can’t find any help at all. Barclays bank have executed a warrant for possession due to a possession order granted on August 16th 2011 which was dated for 31st Oct 2011. I made every effort to negotiate with Barclays prior to 31st Oct to try and come to some agreement but all offers were rejected. In fact, during one telephone call the person I was speaking to was so condescending and patronising I felt completely humiliated. Our problem is that we are stuck in a fixed rate mortgage until 2017 at an interest rate of 5.24%. The bank took it upon themselves to change our mortgage terms and increase the length of the mortgage and add another 13 years which reduced our payments by less than £200 but almost doubled the length of our mortgage. After many request the bank finally changed the terms back to the original agreed terms, but to date that is the only option that the bank have offered us in terms of finding a solution. In one conversation I asked whether it would be possible to take a break form the fixed rate period for a year and add a year to the term but I was told, quite harshly, that we had signed a contract and that we can’t just chop and change when we felt like it! To rub salt into our wounds when the bank wrote to us advising us that the terms had been changed and that our mortgage had been extended for another 13 year they informed us that “after 30/04/2017 a variable rate, which is 0.95% above base rate (currently 0.50%) to give a current rate of 1.45% will apply to this loan and assuming rates do not change (our) new payment would be £674.42”, our current mortgage payment is £1503.89 a month. I asked the bank if there was any chance that we could take a break from our fixed rate mortgage for a year but they said NO and to date they have not offered any solution to try and help us other than we need to pay the full amount each month plus a bit towards the arrears, which we can not do. We are currently receiving income support and I am in receipt of carers allowance as I am the main carer for my 18 year old step-son who has a rare chromosome disorder, is autistic, and has severe learning difficulties. My 13 year old daughter is also registered as a young carer with Surrey young carers, therefore we are in an extremely vulnerable position. I wrote to Barclays solicitor on 31st Oct as I was extremely concerned that eviction from our home was imminent. I expressed my concern for my family and once again asked if it was possible for a break from our fixed interest for a year. I also told them of my disgust at the way I was treated by one of their employers but to date we have received a reply or even an acknowledgement back from the bank. I did receive a short email from their solicitor’s saying that the file was now closed and my email had been forwarded on to Barclay’s, but that is all. Since August my mum has been kindly paying £800 straight into our Barclays mortgage account and since Jan 24th we have been in receipt of mortgage interest support which pays £496 directly to Barclays. My mum however, has missed two payments as we suffered the devastating news my nan had taken a turn and she would not recover. My mum was understandably distracted for a little while. Unfortunately my nan passed away at the beginning of Feb, and I explained this to the bank on the 9th March but they seemed uninterested, as well informing them they would receive payment within 3 days for £1100. They received payment of £1100 on Monday 12th March. Since December we have not received any correspondence from Barclays bank, not one letter, in fact I only realised last week that we haven’t received any bank statements either since November. When I told Barclays that we hadn’t received any letters from them since late November I was told that letters were sent out and that there must be a problem with royal mail. When I asked if someone could check to see if the letters had definitely been sent, the woman I was talking to replied “I can assure you they were sent” to which my reply was “I can assure you we have not received anything. I was told that the letters would be resent but we still haven’t received anything and that was two weeks ago. We had no idea that the bank were starting action again and we we have no way of knowing how the bank have calculated our arrears. What I find hard to understand is that although we are unable to meet our mortgage repayments at the moment we don’t expect to be in this position for long. My husband has a plot of land that is in the process of getting a change of use certificate, and the decision date for the application is the 26th March. If a certificate of lawful use is awarded then my husband has a contract in place with an asset management company who will attempt to get planning permission to develop the land and sell it to a developer, but whilst planning permission is being sort the asset management company will pay my husband money per month which will mean we will have enough to pay our mortgage The bank are fully aware of the situation with the land but are still going ahead with the warrant for possession. The effect this is having on us on a personal level is becoming extremely hard to cope with. Our family life is extremely difficult on the best of days as my step-son has quite complex behavioural problems that dominate our every waking moment. Having to deal and face the reality that we may be loosing our home is so stressful that it is effecting how we are able to cope with my step-son’s need causing everyone’s stress levels to be raised. The worry is becoming a strain on everyone’s wellbeing that I can’t seem to be able to focus on there being any sort of positive outcome. The thought of loosing our home is unbearable. My step-son will soon be leaving the safe environment of his school and this is a dramatic change for him. He is very anxious about his future and if we were forced to move his anxiety level would become extremely high which is not good for him or us. In order for him to have any chance of adapting and having a successful transition to adult life he needs stability in his home life. Any disruption to his life now could have a detrimental effect on his ability to deal and cope with the already anxious time he is going through. I’m so sorry for such a long winded letter but I thought it best to try and give you as much information as possible and to see if there is any advice you can give me. Thank you in advance,
  13. Sorry or the long winded question, though i shoild include as much detail as possible and all advice is very welcome. My husband started a nightclub business in 2004. In august 2005 He got a loan off a brewery for £30,000. £15,000 was a gift and £15,000 was a loan to be paid off, £500 per month over 5 years. Unfortunately, he signed a personal guarantee. The business was forced into administration and the company went into administration on 30th April 2008. Fast forward to Jan 2010 and my husband received a debt collection letter from one of the creditors, a brewery, asking for £22,772.69 as he had signed a personal guarantee and if they didn’t receive the said amount within 7 days they would start legal proceedings. Within 5 days we received another letter, this time it was a CCJ form. We were also concerned as there was a discrepancy on the claim form and the amount the brewery was asking for was a lot higher than the original claim made to the administrator by them in June 2008. The amount they originally asked for in June 08 was £15,864, also when we looked through the CCJ claim forms we saw that it said “The claimant expects to receive more than £5,000 but less than £15,000”. My husband called the brewery’s solicitor to find out what was going on and they informed him that they had been told by the administrator that they were not going to receive anything out of the administration. I contacted Vantis, the administrator, who told me that they had not paid any of the creditors but were expecting to do so by March 2010. Knowing that the creditors were still going to receive money from Vantis my husband called the brewery’s solicitor and put an offer to them. The offer was refused so my husband put in a higher offer which again was refused. My Husband’s final offer was £7000, but the brewery’s solicitor refused it again. We then received notice that the CCJ was awarded to the Claimant on 26th Feb for the sum of £23,253.98. We immediately sort advice and on 12th March we went to the court asking for the judgement to be set aside on the grounds that the amount was an incorrect figure, we also had evidence that the claimant was still to receive payment shortly from the administrator, and that in the original documents filled to the court the claimant had stated they didn’t expect to receive over £15,000. We waited to hear from the court but then we received an interim charging order application filed by the brewery on 15th April as my husband had not responded to the claim or made any payment, and a court date for the hearing. I called the court to find out why there was no mention of the hearing for the Judgment to be set aside and they told me it would probably be heard at the same time as the interim order. We went to the hearing on June 7th and to our dismay the court had not set a time for the hearing for the Judgment to be set aside even though the paperwork had been processed. The Judge felt we did have a good cause to have a hearing for the Judgment to be set aside and that we did in fact respond to the CCJ before the brewery applied for the interim order. The hearing was adjourned till August 11th. We received a witness statement from the claimant’s solicitor dealing with the CCJ which says it is responding to the application for the judgment to be set aside which they say they received on July 12th and that they are opposing it. However the witness statement was full of lies. We got conformation that the administrator had in fact paid creditors 15p in the £1 and that the dividends were paid on June 2nd. The brewery were paid £3005.45 out of the £3487.95 that was due to them and it was sent to the brewery’s solicitor and made out to the solicitor dealing with the CCJ and interim order, which the solicitor failed to mention. Also, whilst I was searching through some stuff I came across and invoice dated 30/06/08 and it relates to outstanding invoices dating 07/05/08 and 28/05/08 and the amount totals £4255.25, the same amount that the Brewery are asking for as outstanding trade debt. In the witness statement there is a proof of debt form that was sent to the administrators which states that the outstanding amount is for ‘a loan agreement entered on the 4th August 2005 and wet goods ordered and delivered on or before 3rd May 2008, which we have proof that they were not. My husband had argued with the solicitor that any orders placed after the company was put into liquidation were the responsibility of the administrators and not him, but they disagreed. We went to the hearing on August 11th thinking that we had grounds for the judgment to be set aside, the judge said that we were in fact right in that the claimant can not ask for money that was due to orders placed after the company went into administration. We also produced evidence that the administrator had paid out the dividends to creditors in June, however the person attending the court was just an agency solicitor and after speaking to the main person dealing with the case on the phone she said that as far as the solicitor was aware payment had not been received? The judge ordered that the charging order was to be made final but modified it to exclude the amount owing from the trade debt. We received the final charging order which states the amount owing is now £1803.11 (I think this is a clerical error as the amount should be £18300.11) and to include any cost and interest. We then received a letter from the claimants solicitor dated 25th August 2010 but not posted until 27th August saying that if they don’t receive full payment within 7 of this letter then their client would have no alternative but to proceed with an application for an order for sale, and they will be seeking a subsequent hearing seeking full cost including the amount owing from the outstanding trade debt if we do not put a proposal together to pay. Please could someone advice as to what to do next and if an order for sale can be granted. Our home is in joint names, although it is only my husband’s debt and it’s our family home. We live with our daughter who is 11, and my husband’s children also live with us. His son is 16 but is on the disabled children’s register as he was born with a rare chromosome disorder, he is also autistic and has severe learning difficulties, for which he attends a special needs school. My husband’s eldest child also lives with us, she is 18 but attends full time college.
  14. Hi, Thanks for the reply. We do have issues with the bank and we did try to get legal advice but were told there was nothing we could do. I was really after advice about what to do about the CCJ and the conflicting information put on the original claim form together with the courts blunder and why a hearing to have the CCJ set aside wasn't processed correctly. My concern also is who should bare the cost for such a blunder and do we have an argument that it is not down to us as we had done everything with in the time frame given? Thanks once again.
  15. Hi there, I was wondering if anyone could give some advice on the following matter? I’m new to the forum and apologise I it is a little long winded, but here it goes. My husband had a bar/nightclub that was forced into administration by Barclay’s Bank in 2008. The bank’s advisors were Vantis and even though the business was a viable business Vantis could see there was an opportunity for them to earn a guaranteed income from it. The debt wasn’t a huge amount and Vantis eventually sold the business for an undervalued amount in Dec 08, although we thought it was enough that the creditors would get a healthy return in the pound. Fast forward to Jan 2010 and my husband received a debt collection letter from one of the creditors, a brewery, asking for £22,772.69 as he had signed a personal guarantee and if they didn’t receive the said amount within 7 days they would start legal proceedings. Within 5 days we received another letter, this time it was a CCJ form. We were completely dumbfounded as we had thought the creditors had all been paid as the administrators had been in receipt of the money they received from the sale of the business for over a year? We were also concerned as there was a discrepancy on the claim form and the amount the brewery was asking for was a lot higher than the original claim made to the administrator by them in June 2008. The amount they originally asked for in June 08 was £15,864. When we looked through the CCJ claim forms we saw that it said “The claimant expects to receive more than £5,000 but less than £15,000”. My husband called the brewery’s solicitor to find out what was going on and they informed him that they had been told by Vantis they were not going to receive anything out of the administration. I contacted Vantis who told me that they had not paid any of the creditors but were expecting to do so by March 2010. Knowing that the creditors were still going to receive money from Vantis my husband called the brewery’s solicitor and put an offer to them. The offer was refused so my husband put in a higher offer which again was refused. My Husband’s final offer was £7000, but the brewery’s solicitor refused it again. We then received notice that the CCJ was awarded to the Claimant on 25th Feb for the sum of £23,253.98. We immediately sort advice and on 12th March we went to the court asking for the judgement to be set aside on the grounds that the amount was an incorrect figure, we also had evidence that the claimant was still to receive payment shortly from the administrator, and that in the original documents filled to the court the claimant had stated they didn’t expect to receive over £15,000. We waited to hear from the court but then we received an interim charging order application filed by the brewery on 15th April as my husband had not responded to the claim or made any payment, and a court date for the hearing. I called the court to find out why there was no mention of the hearing for the Judgment to be set aside and they told me it would probably be heard at the same time as the interim order. We went to the hearing on June 7th and to our dismay the court had not set a time for the hearing for the Judgment to be set aside even though the paperwork had been processed. Our concern is that we didn’t have any legal representation with us but there was a solicitor at the hearing for the claimant and they requested that the cost should be applied to us. The Judge felt we did have a good cause to have a hearing for the Judgment to be set aside and that we did in fact respond to the CCJ before the brewery applied for the interim order. I would like to ask who should be responsible for the court costs and if there is any advice anyone can give me with regards to the validity of the CCJ. We have now been informed that the creditors will receive 15p in the £1 from the administrators, which is a lot less than my husband and I dreamed they would receive (but such is the lucrative world of administration) and means the brewery will receive £3,487.95. Sorry for such a long winded post. Thanks in advance or any help
×
×
  • Create New...