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gprit

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Everything posted by gprit

  1. Thanks...there is NO 'due-on-sale' clause in the mortgage. Anyone know the actual LEGAL position of this situation?
  2. It is an interest only mortgage, planned to be paid off from other sources in 2016.
  3. I am afraid I am unlikely to meet the criteria for obtaining a mortgage elsewhere...I am now retired and don't have a great credit profile. I cannot believe that a lender can evict me in such a situation in order to sell the house and repay the mortgage, whilst I can continue to pay it without any problem.
  4. My wife died just over a year ago. The house we live in was bought in her name only, and the mortgage is in her name only. I obtained Probate and I am the beneficiary of all assets and debts. Last week I phoned up the lender - assuming it would simply be a case of switching the deeds and mortgage to my name and continuing payments. I was concerned when the person said that in those situations they usually required the mortgage to be repaid - which i couldn't do without selling the house - and I would have no-where to live. Despite my late wife owning the house/mortgage, ALL monthly payments have been from MY account and have never been missed. Anyone have any advice on this? Thanks
  5. I appreciate the input but I am looking for specific defences as per reply 31 March. eg Is the fact they have not issued a a 15 day notice of proceedings grounds for dismissal? Can I claim they have not sought reasonable pre-action alternatives i.e. saying "pay us now" unrelentingly instead of looking at alternatives such as waiting for the property to be sold or using the whole of the remainder of mortage to make payment arrears as per Court of Appeal 1995 Cheltenham & Gloucester vs Norgan? Can I claim dismissal on the grounds that they have got the salient facts re arrears wrong in the Application (ie wrong dates/wrong amounts?) The fact that a complaint is still under under investigation within NWHL (ie they have not responded despite three letters saying it was ongoing). If this complaint is now with the FSA is that grounds for dismissal/postponement. ANy other case history in defence. thanks
  6. sorry about that - started the other thread as I cold not find this earlier one and the replies were very general. What I am looking for is a practical advice/defence/case histories as per original query here rfather than generalisations. thanks
  7. I have received a Court Order to re-possess out of the blue. To recap: The property is tenanted and I missed three payments in Oct/Nov/Dec 2010 (although they wrongly quote 2011 on the Court Order) when it was vacant. Since then I have made full payment of the mortgage, apart from £1000. The amount of the arrears is disputed - they claim it is approx £7,500 whilst I maintain it is approx £5,800./ The mortgage is £525,000 and repayment (interest only) is £1720pm. I contested the arrears amount (and other issues) with NWHL in March/April this year and sent them a full list of my payments showing the payments made. They said they would investigate - I have had a few letters since apologising for the delay - the last one being in June when they said they hoped to write within 30 days. I have heard nothing from NWHL since then. Their solicitors wrote in September that they were instigating proceedings. I responded stating the matter was under investigation by NWHL and that I awaited their reply. Now suddenly I have received a Court Repossession order, seemeingly instructed by NWHL. Before I contact both parties - any advice??? I also intended to take this to the Financial Ombudsman - is that also a reason for dismissing the Repossession Order?
  8. Thanks for the reply but No, I cannot pay of the arrears - I am now retired and have other debts, on which I am paying a nominal amount each month as advised by the CCCS. Same for NWHL arrears just a nominal sum each month (which I make although they have not accepted). I have been trying to sell the property for some time to repay the mortgage and arrears completely but despite it being accepted the price is reasonable it has not sold because of the economic situation. I have read that NWHL pledged NOT to seek repossession until SIX months arrears had accrued. They have not handled this well at all and I feel a complaint to the FOS is justified - which I would have thought is justifiable on it's own to delay the Repossession order. IF I could be assured that it would be sold at a realistic market price I would voluntarily hand it back to them but am not prepared for them to sell it at any price they can get for it and then leave a residual amount owing. They have now had one whole years full payment since the arrears arose ((via tenants rent) - I would have thought any fair minded person (ie a Judge) would take that into account.
  9. I have received the above from their solicitors. The property is tenanted and I missed three payments in Oct/Nov/Dec 2010 (although they wrongly quote 2011 on the Court Order) when it was vacant. Since then I have made full payment of the mortgage, apart from £500. The amount of the arrears is disputed - they claim it is approx £7,500 whilst I maintain it is approx £5,000./ The mortgage is £525,000 and repayment (interest only) is £1720pm. I contested the arrears amount with NWHL in March/April this year and sent them a full list of my payments showing the payments made. They said they would investigate - I have had a few letters since apologising for the delay - the last one being in June when they said they hoped to write within 30 days. I have heard nothing from NWHL since then. Their solicitors wrote in September that they were instigating proceedings. I responded stating the matter was under investigation by NWHL and that I awaited their reply. Now suddenly I have received a Court Repossession order, seemeingly instructed by NWHL. Before I contact both parties - any advice??? I also intended to take this to the Financial Ombudsman - is that also a reason for dismissing the Repossession Order?
  10. I am abroad at the moment - can give that a try when I return to the Uk....
  11. I have put it to them but email response is around 12 days apparently, so am exploring all options.
  12. I have now heard from Liverpoo Victoria and they say: "You ask the circumstances of when interest is added to a claim. This is when the delay in settlement is caused by us, for example we have requested medical evidence, Grant of Probate or a report from the Coroner, etc We don't pay when it is the claimant who delays in providing us with the requested documentation or do not give us an instruction of where to pay the funds." No such notice was ever given to me until last week and I feel it is unjustified. In both instances above they would have had use of those funds to generate interst or reduce overdraft for eleven months. Any thoughts on the best way to challenge this?
  13. Thanks - the reason I am asking the question is that they say they are NOT paying any interest - so I wondered what the legal position is.
  14. My wife died in January this year and there was a £50k Life insurance policy. There is no dispute about the claim. However, for personal reasons I have not been in a position to actually take the due payment until now. What I would like to know is should they pay interest on this amount that they have held for the past 10 months?
  15. Many thanks for that information.
  16. I had a final Charging order against me in July. As the debts are in my name and property joint it was in fact a RESTRICTION requiring them to be advised upon sale (quite meaningless really). At the original Interim hearing the court granted the application against £1 nominal monthly payments until financial situation improved (it has not). These payments have been maintained. I have now however received another letter from solicitors asking my proposals to repay the amount in question - with the obvious inference that they will attempt to get the property sold. I don't think they really appreciate they only have a Restriction. Do I need to tell them about the property/price/agents etc - they even asked for permission to contact the agents. Do I have any cause for concern about this? thanks
  17. Thank you for that pointer....I suppose I have to accept it then, still seems wrong to me though...
  18. I have been getting Guaranteed Pension Credit since September 2007. I moved from my (then) property in January 2009. It was only during recent conversations with The Pension Service (following advising them of my wife's death) that they advised me that I should have been claiming Council Tax Benefit. However upon phoning the local authority I was told they could only backdate for 3 or 6 months from the application date. I cannot see anywhere where this time limit is defined and neither can they. After struggling to pay the Council tax, if I didn't know I could claim this benefit it why should I be disqualified from reclaiming it now? Any help appreciated.
  19. A question of my own: Property in Joint names - debt in sole name (mine). Had a Final Charging Order against me late July, although in effect it is only a 'Restriction' and of no practical use to the Claimant. However, I have now received a letter from Claimants (NatWest) Solicitors asking for my proposals to repay the amount owing. My suspicion is that they may seek to enforce the 'Charging Order' and sell the property to meet their debt. They do not seem to realise that it is NOT a charging Notice but a RESTRICTION. My concern is that neither did the Judge at the hearing. If they apply for repossession on the grounds I cannot pay the debt, how do I convince a court that the they do not in fact have a charging order?
  20. Not sure if this helps but I came across this relating to death - so I would think that yes - if you are tenants in common you would have to pay debt off out of proceeds. Having said that it is unusual for this to be the case. Tenants in Common In this case, if there are debts, then the deceased person's share of the house would be used to pay off the debts. After the debts are paid, the person's share of the house goes to whoever they left it to in a will. If there is no will, then there are set rules for who will be treated as next of kin and inherit the estate. How to checkTo find out whether you are Joint Tenants or Tenants in Common, you would need to contact the Land Registry to see if any restrictions on inheritance or "succession" were registered. You can also check with your original conveyancing solicitor to find out. The joint owner of the property could come to an arrangement to pay off the deceased's debts to stop the house being sold. They may have to take over the mortgage, or take out a new mortgage to keep the house. This would be particularly important if they are living in the house, or are going to inherit the person's share of the house.
  21. I have a property with no equity in it after repaying mortage and other loans. I have been trying to sell this for some time and in order to pay the mortgage to avoid repossession I rented it out until it sold, , although the rental does not actually cover the mortgage payment - so there is no real income from rental. I have no other income/savings and have been staying in another property owned by my late wife (again no equity in it). As I AM trying to sell my property and get no disposable income from it, does this affect my entitlement to Guaranteed Pension Credit?
  22. Thanks Simon - I am well clued up on this now....there is equity...but not enough to pay all creditors...only about 60%. Just anbnoyed that natwest seem to want preferential treatment. But as the loans are in single name (mine) and property is joint it is only a (meaningless) restrictions anyway.
  23. With regards to: Section 1(5) of The Charging Orders Act 1979 which reads... in deciding whether to make a charging order the court shall consider all the circumstances of the case and, in particular, any evidence before it as to- (b) whether any other creditor of the debtor would be likely to be undult prejudiced by the making of the order A Charging Order has just been made final against me and I was told at Court that there is NO requirement to contact or take other UNSECURED Creditors into consideration - only secured creditotrs. Is this right - can I appeal?
  24. My question seems to have got lost with all the advice here...anyone with any thoughts? Borrowing sole name..property Joint names. The Interim Charging Order has resulted in a simple RESTRICTION being placed by the Land Registry, which research says is basically meaningless . I was going to contest the Final Charging Order with among other things, the fact that Natwest had not listed, let alone contacted other creditors as required under The Charging Orders Act, but I am just wondering if I do this am I opening a can of worms? Should I just enter a basic mitigation and let the Charging Order become final, leaving just the one meaningless RESTRICTION? thanks
  25. Borrowing sole name..property Joint names. The Interim Charging Order has resulted in a simple RESTRICTION being placed by the Land Registry, which research says is basically meaningless . I was going to contest the Final Charging Order with among other things, the fact that NatWest had not listed, let alone contacted other creditors as required under The Charging Orders Act, but I am just wondering if I do this am I opening a can of worms? Should I just enter a basic mitigation and let the Charging Order become final, leaving just the one meaningless RESTRICTION?
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