Hi kaz320, I have just written out a long winded message detailing where I am upto, only to be told I don't have a high enough score to send it to you and then it was lost. Pretty infuriating but there you go. I have an interest-only mortgage with Spml/ascenden/capstone. it was sold to me by a broker in 2005 for 92k. it now stands at 98k. What can you tell me about mis-selling of mortgages of this type? Do you know of cases that have been successful? How do I go about it? I am going to be chasing them for charges also, but this is a seperate issue Any help greatly appreciated. Regards, D.J.F.

Hi, not been on here for while. Really worried that i am about to lose my home so hope someone can help me or steer me in the right direction. Short story...my hubby had a serious accident in December 2011 and subsequently ended up being off work for 4 months on sick pay. We kept Kensington appraised of our situation and that we couldnt afford to pay the mortgage during this time along with other major bills (i.e car loan etc, this has now been sorted). During this period i was on matnerity leave and have not gone back to work due to having 4 children and it doesnt pay me to lol (thats another story). In December this year my hubby had an operation on the knee injury he had in 2011 and was off until February again on sick pay and we couldnt afford the mortgage again....Arrears have built up and we have kept them appraised every step of the way. We are expecting a big payment for loss of earnings and the injury itself but this wont happen until end of this year. Basically Kensington have been bullying us every month to pay more than £100 off the arrears when we cant afford it, so i just end up cancelling the DD as we cant pay it. The upshot is we have a re-possession hearing on Friday 5th at 3pm. I just really dont know what to do or how to stop this. I have asked kensington if they can either add the arrrears (about £5k) to the end of mortgage, or extend the term etc but they just dont want to know. They never reply to any letters or info we send them. I have spoken to them today and they are willing to postpone the hearing if i pay £100 off each month but they want me to supply bank statements, sick notes etc, which i can and have done previously but the bank statements take 7-10 working days to come as i am interent banking. I have explained this to them but they dont seem to care. I just really dont want to lose my home. We have never had mortgage arrears until 2011 and have had a mortgage since 2000 but that doesnt account for anything does it!

Hi all. I joined this forum to see if I can get any advice on a fairly complex problem I have been left with as the result of a very messy divorce. So apologies in advance for such a tedious first post. I got divorced in 2007. Pre divorce the property was in my sole name as adding my wife to the mortgage application would have diminished what we could borrow as her income was very low compared to mine. The divorce was a prolonged one and some elements regarding child issues are still ongoing. I have lost count of the number of court hearings I have had but it would be between 15 and 20. My ex-wife has refused mediation throughout and so we have been repeatedly forced back into court. The financial settlement left my now ex-wife living in the house with 60% of the title. Unfortunately she refused to go on the mortgage. Despite many attempts to persuade her including legal efforts she refused and eventually I was forced to add her to the title but not the mortgage. My divorce had been an expensive one and I just couldn't afford the legal fees any more. I had been paying the mortgage and the terms of the divorce left me doing this. The repayments varied from around £1600 per month up to £2300 per month. Subsequent to all of this and largely as a result of the divorce and the costs of supporting 2 homes I went bankrupt. Post bankruptcy my ex-wife approached the official receiver and, without informing me, bought my beneficial interest in the property. She was able to do this as she was the one who was resident in the house and had arranged valuations. I didn't find out this had been done until several months later. All of this left me in the position of having sole liability for the mortgage but none of the title. Throughout all of this I kept the mortgage company informed as to what was happening and, when they refused to get involved or to take any steps to enforce their own mortgage terms, sent them a letter explaining that they were failing in their duty of care to me. Post bankruptcy my ex-wife back-tracked on her refusal to go on the mortgage and asked me to arrange to have her name added. Of course by this time our situation meant that the mortgage company would no longer agree to add her name. Shortly after my bankruptcy the mortgage payments were switched to interest only. This brought the payments down to a level that my ex-wife could afford. This was necessary as I was no longer in a position where I could afford the repayments. The mortgage is due to revert to a repayment basis in a 2 months and neither my ex-wife nor I will be able to afford the payments. I informed my ex-wife of this and her response was simply to say I needed to ask to have the interest only period extended. This I refused to do without both of us seeking advice first. My reasons for this were both pragmatic, I doubted that the mortgage company would extend the interest only period as neither my wife nor I (any longer) had incomes that would support the mortgage, and also personal as I didn't want this to hang over me indefinitely. At any rate the situation is a mess and my feeling is that we'd both be best served by getting sensible advice. My ex-wife has since refused to seek advice or to discuss anything other than extending the interest only period. She simply ignores any of my attempts to communicate. There is probably now some equity in the house if she sells but if the mortgage is allowed to go unpaid arrears and legal fees will erode this to nothing. The price realised by repossession is likely to make this even worse. I need advice on what I should do about this or suggestions as to where I can go to get help. I can no longer afford the legal fees needed to get a property lawyer involved and obvious routes like the Citizen's Advice Bureau, Shelter etc. have been tried and proved fruitless. The situation is simply too complex for them to know what can be done. I don't want to simply leave this to fall apart as can't see how anyone can benefit from having the house repossessed rather than sold. I've probably forgotten detail that is relevant so please feel free to ask for explanations or clarifications. Many thanks!

My dad has just phoned me to inform me that his girlfriend has gone aboard as it transpires that the house has been repossessed. He came home from work last week to find that the locks had been changed, she said it was because she had lost the keys & she changed them. He didnt think much of it until this week when she admitted that the mortgage has not been paid and has been taken to court with a possession notice granted. The mortgage was in my dads & his girlfriends name and the first he knew about it was this week. We are not sure how much she owes as she has left the country. How do I go about trying to help my dad and is there anything I can do to help him

Our house is due to be repossessed after we both lost our jobs. Whilst we are no overly concerned at having to move out as we have been struggling to pay for utilities etc. for the last 5 years and to be honest it will be a relief. We are currently not in debt to any of our utility companies. My concern is that as the house now has negative equity will the mortgage company be able to apply for an attachment of earnings against our pensions when the house is sold. My husband has a small private pension and we will both qualify for our state pension later this year other than that we have not other income or savings. As we will have to rent a house I am worried that we will not be able to afford to live if the mortgage company can take our pensions.

Hi Am hoping someone can help me. Ive just been served with an eviction notice for my home from First Plus. The took my to court last september for eviction but suspended it as we cam to an agreement. I broke the agreement with them as was not working and have since started work again and made a payment this month. But today I was handed an eviction notice for the 28/3/2013. I have been in contact with eversheds to explain and made them a new offer on what I can afford but still waiting to hear back from them. Should I fill in an N244 form or wait to hear from them.

This is my first post, so I apologise in advance if I have done anything incorrectly. My problem is that the mortgage on my house is due to be redeemed in September 2013 and my endowment policy has lapsed due to being unable to keep up the premiums. Both my wife and I lost our jobs 6 and 5 years ago respectively. My wife due to ill health and myself through redundancy. Due to this our income fell dramatically from over £55K a year to less than £12k. We now live on my wife's incapacity benefit and my small private pension. We have struggled to make our mortgage payments but are now 3 months in arrears and can see no way out apart from repossession. We are unable to maintain the house and are struggling with the running costs i.e. heating, community charge etc. We have been trying to sell the house on and off for two years without success and the property now has a negative equity. We are considering taking up a friends offer of renting their house in Spain as we will have difficulty raising the deposit or bond needed to rent from a private landlord. I have primarily two questions;- a) As the mortgage term ends in September will the mortgage company continue to charge interest after this period until the house is sold and b) would our taking up our friends offer make life more difficult for us. Oh, I forgot to add both of us will be in receipt of our state pension later this year.

Hi, just wondering if any one can help me. NRAM are trying to evict me from my house. I went to court for not paying my mortgage this july and got a second suspended eviction order. I have now broken this order again by missing 2 payments this was silly of me but my car broke down and needed to by another car for work as no car no work. I have phoned NRAM and told them this but they are proceeding with the eviction. I did another income & expenditure form over the phone with them and sent in everything they wanted ie Bank statements & Pay slips and even made them an offer but after waiting to hear from them they have said they want full arrears of £4500. I have not been given my eviction date yet so should I proceed and go to court as I do not want to lose my home.

This is my first post. Unfortunately due to financial difficulties about two years ago because I did not have a job, I fell behind with my mortgage payments. The arrears were over £6000 and Chelsea obtained a possession order, suspended on payment of £100 per month in addition to current rent. I found a job and maintained payments as ordered. Unfortunately, I was unable to make the December 2012 payment because I had some financial problems which needed sorting out. Late last month Chelsea's solicitors wrote to me stating that they have applied to court for eviction date. I then paid the December payment and confirmed I can make the January payment by end of this week but they are insisting on payment of at least £2500 (half the current arrears) before they would suspend the eviction. I have phoned both Chelsea and their solicitors several times pleading with them to agree to cancel the eviction on payment of the January instalment (I even sent them last week a full statement of my income/expenditure showing I cannot afford to pay the amount they are demanding) but they have refused. Now I have received an eviction date for 19 February and I have been advised by CAB to apply to have the warrant suspended, but I have no idea how to do this or any confidence that it would be successful. They cannot help me because I'm working. I am very worried sick about losing my home. I know my financial problems are now behind me and I can maintain the normal monthly payments as I work full time, but I cannot afford to pay the amount Chelsea are seeking from me at this time. Can you good people please give me some advice?

Hello Can anyone tell me please...My son stupidly took out a logbook loan which was secured obviously against his vehicle, but this vehicle is a breakdown truck which is the vehicle he uses for his work. Without this truck he cannot work. He has now fallen behind with one payment and a second payment is due shortly. He has been sent a text by the company saying that his vehicle will be clamped and removed by bailiffs if the two payments are not made. My question is can they take a vehicle that is used soley for his work. Thank you for any advice you can give me.

I am hoping to have my house sold to a housing association under the mortgage rescue scheme there will be a shortfall of some 75,000 which would take me 127 years to pay off, I am 59 The building society want me to sign a shortfall deed to allow them to put a charge on any property I may buy, not very likely at my age, There are other debts up to 20,000 and while I am fighting off the ones I query I f I fail I think I would have to go bankrupt to end a rest of life debt pressure. I get different advice re shortfall any one know if it could be included in a bankruptcy? Its driving me and kids round the bend.

i am being tould i have to wait for a date to vacate my home by my mortgage people , two men came to the door to day to ask our ages how many childern our names and was the dog safe . can we still save our home this all started on tuseday by a letter we have been to the martagae people and been phoning them all thay are saying is to wait for the later with a date to vacate them phone them back ! what can we do if anything .

Hi, its come to the point were I realise that can no longer keep up mortgage repayment and service charges on my flat. I no longer have any desire to hang onto the property as its feels like a millstone around my neck. I'm considering all my options, but as the market is depressed and i'm in negative equity (unless I hang on for 5-10 years) its seems to come down to one-of-two choices. Sell my property via Auction. Hand the keys back to the lender (even though everything I read says not to do this) as I see very little point dragging out the repossession process if I can't sell or keep up payments. Either way there's likely to be a short-fall to repay. If i choose the Auction will I need the lenders consent? If they don't agree, can I force the sale through below the mortgage value? Any comments or advice most welcome. Thanks.

Hi my mortgage was with gmac from 2001 to 2009 hit with dd charges and late paments 50 pounds a month these were added to mortgage arrears i calculated at least £3500 in charges what can i claim back plus interest

I have read of many individuals considering attempting to recover mortgage arrears charges and I have read the FSA's statements on the subject but I have never read of anyone successfully recovering a meaningful amount of mortgage arrears charges back. Have you?

Many of the several thousand Scottish homeowners taken to court for mortgage repossession over the last few years, have had their cases dismissed and then re-raised for technical reasons. Govan Law Centre believes they may have been unfairly charged twice for their lender's legal expenses along with additional administrative charges. GLC's Principal Solicitor, Mike Dailly said: "Where a lender has raised incompetent proceedings, or deserts those proceedings to re-raise again, how can they reasonably expect their customers to pay for being taken to court twice? We think passing on these repeat or double charges to Scottish consumers is clearly unfair in relation to the Financial Services Authority's (FSA) Principles of Business. The extra costs involved here add up to many millions of pounds which Scottish homeowners should not have to bear". The reclaim mini-site is available online here. Who pays for repossession actions dismissed and then re-raised? If you've been taken to court in Scotland for mortgage repossession, and your case was dismissed and then re-raised for technical reasons, you may have been charged twice for your lender's legal expenses, along with additional administrative charges. Lenders generally add their legal and enforcement costs onto a customer's mortgage. This free site explains how you can complain and try and get the costs - which can be several thousands pounds - refunded or deducted from your mortgage account and balance. In Scotland, several thousand cases have been affected by, or dismissed in light of, the UK Supreme Court decision in RBS v. Wilson [2010] UK SC 50, and GLC's case of NRAM v. Millar 2012 SLT (Sh Ct) 58. Sometimes lenders have chosen to dismiss proceedings to avoid any potential competency challenges, and then re-raised them in court. However, all of this work has to paid for by someone, and we don't think it's fair you are charged twice!

Govan Law Centre have found that some people have been charged legal fees more than once, and offer advice on how to claim them back. http://expensesback.weebly.com/index.html

after our house was repossessed some time ago, we decided to apply for our SAR to view costs etc. To our amazement, we found costs attributed to the co-ordination of the reposeession, from the lock change,house sitting, clearance and estate agent costs etc. This company was sub contracted via the lender. After the house was sold an invoice for 6k+ was paid to the contractor, and ultimately we paid this via our equity. I have now gained the breakdown of this invoice, annoyed to find that they have charged us 4k for commission!!!!, probably 2% from the sale value. Considering they had already charged a management fee, we feel this amount of commision is totally immoral and not necessary, in terms of work done to co-ordinate this process. I am about to compile a letter of reclaim for the full amount plus interest for the period of charge to the date of the SAR issue. appreciate any ideas or direction , thanks

Hi, I have a secured loan with paragon and a mortgage with Nram totalling £161K. I owe Northern Rock £118K and I owe paragon £43K. I am struggling to pay them both every month. I am basically paying two mortgages and I can't cope anymore. I have already paid Paragon £38K over the last 7 years and still have a balance of £43K so £35K of that is interest alone. Our monthly income has dropped and we have accumulated arrears in gas, Electric, Council tax and water as well as other debts. We can't keep up repayments for much longer so I have had the house valued in the hope I could sell up, pay off Nram and Paragon and then rent somewhere to make life a little easier for us to cope financially but my house was only valued at £145K maximum. Has it ever been known for Paragon to accept a settlement? If I sold and paid back mortgage there would be about £20K left for paragon. I have already paid £38k so they would have more than recovered what we borrowed (£46K 7 years ago) I really need to find a way out before things get worse and if we get repossessed they could end up with less. Our unsecured debts total £39K so it's likely we will be made bankrupt which we want to avoid. I don't see any way out. I am at my wits end. My wife is frightenely depressesd with the strain of so much debt and I think she is close to a breakdown (seriously). can anyone offer any advice please. Thank you.

hi CAG team, My home was recently repossessed. The entry on my credit file shows the mortgage account as settled. What will happen in case of mortgage shortfall, will there be a new entry made on my credit file or will they enter the information on the mortgage account. regards

My husband and I currently have an interest-only mortgage with Future Mortgages which ends in September 2013. Both of us had good jobs but 2007 I had a bad fall at work and eventually lost my job as I was unable to sit at a computer all day. I am still on Incapacity Benefit and Industrial Accident benefit. In 2008 my husband was made redundant as was told by the Jobcentre that he was wasting his time looking for employment. As my husband had a small private pension he took this early to try to continue paying our bills. As a result of this we were told we did not qualify for any benefits as we had £10 a month too much coming in. Our endowment insurance turned out not to be worth the paper it was written on and due to our lack of finances we were unable to pay it. Our mortgage is now due to be settled with an outstanding amount of £250,000. We believed that we would be able to sell the house and repay the debt with no problem as it was valued at £300,000 two years ago. It is now worth less than the mortgage. We have considered handing the keys back to the mortgage company but do not know what the consequences would be, We could try to sell the house at below its value and still owe the outstanding balance. As we will both be on state pension next year I don't know how we will ever be able to repay this. Any advice would be most welcome.

My house was recently repossessed as i was unable to pay the mortgage. I have longstanding depression and initially i was able to maintain a well paid job with medication. But then due to certain stresses i became too sick and was unable to work. This led to breakdown of marriage and i separated from somebody i deeply cared about. These stresses have left me a mere invalid. I feel so insecure that sometimes i leave the lights on at night when i sleep. I never pickup the phone if i don't recognise the number. I also have significant credit card debt. I live in terrible fear of the DCA's. I just can't see the light at the end of the tunnel. Is there somebody else like me out there?

Good morning people, You have probably heard all this before but I am looking for some help, I took out a logbook loan with easylogbookloans.tv not too long ago to pay some rent arrears (I had been out of work for a couple of months and I needed some quick cash and had just been offered a new job) so thought a log book loan would be the easiest option and then pay it back ASAP. Unfortunately I got the loan but after 8 weeks in the new job I was laid off due to the work drying up and as the saying goes last in first out. I have recently fallen into arrears with my logbook loan and they have sent bailiffs out for the car, the problem is a couple of weeks ago the car had an engine blow out and was going to cost me more than the car was worth to get repaired so I have scrapped it, easylogbook loans are saying if they don't get the car they will report it stolen and file for my bankruptcy and will not accept any form of payment plan I have tried to arrange with them. Can they report the car stolen as I am still the registered keeper and that this is a civil matter not a criminal matter and also can they file for bankruptcy on my behalf? Also if I make an offer of paying back say £10 and stick to it now that technically the debt is unsecured can they do anything as long as I stick to it? Just been looking and when I originally took out the loan I only had an agent sign my bill of sale with me and it was only me and him that were there I have just been told that if there was no one else there to witness this and sign the bill of sale it is void and the loan is unenforceable and they can only chase me for the money and not take the car, is this true? Thanks for any help in advance

Hi, I last made a payment on my property in june 2005, it was subsequently repossessed and sold, I have since found out I have outstanding debt with the mortgage company (ie repossesssion did not cover all of the unsecured portion of debt). I am in scotland and the limitations is 5 years, does this begin from the property being sold or from the date of last payment, also does the sale of the property (repossession sale) restart the limitations clock. Any help appreciated Lliam

Hi All Please help! We have a car with FGA Finance and have a third of car payment made. We missed repayments in July and August with arrears of £600 29Aug We paid £300 off arrears and offered to pay outstanding ammount of £300 on 25 Sept. FGA suggested we borrow money from friends 30Aug Started getting calls from CodeRed Collections who said it was too late to do anything and we owed £8800 31Aug Received letter from FGA looking for full ammount of £8800 - they advised that debt would pass to external collections agency - although we had already been receiving calls 10Sept Phoned FGA and tried to negotiate - advised that contract had been terminated and car would be repossessed in 30days Please help would be grateful for any advice