Hello Please advise, I have just found out my husband has not been paying our mortgage, and we are having our house taken on the 20th of this month. I have contacted the lenders and they have just said tough luck, I have not spoken to them before, we can pay the money off at 600 a month but they do not want to know, I will signed a statment to prove all this. we do not have any other debts(ive checked). I have offerred to pay £3000 off but they have just said pay it if you want but it wont make any difference to us. Please please help I have tow small girls.

Hello Please advise, I have just found out my husband has not been paying our mortgage, and we are having our house taken on the 20th of this month. I have contacted the lenders and they have just said tough luck, I have not spoken to them before, we can pay the money off at 600 a month but they do not want to know, I will signed a statment to prove all this. we do not have any other debts(ive checked). I have offerred to pay £3000 off but they have just said pay it if you want but it wont make any difference to us. Please please help I have tow small girls.

Hi - URGENT! I wonder if anyone can help please? In March 201 (ie 20 months ago) I had arrears of about £50,000 on my 530,000 mortgage. Derbyshire Home Loans took me to court and got a possession order which I was able to suspend subject to paying an extra £800 a month on top of the contracted monthly amount of £2300. I am self employed and have had a very difficult summer with clients deferring business until November/December/January. This has meant that I am 3 months behind with my new payments (although and including one payment I made last month (September)). I heard nothing from them but on returning from a week away this evening find a 7 day notice to pay the arrears off (issued 7 days ago in my absence) followed by a court date for enforcement on 3rd November (ie this Thursday!), which I will not be able to attend as I am exhibiting at the most important show of my business year and am a keynote speaker. I expect to pay off the three outstanding payments by no later than December when a large contract will be paid and am prepared to sell car, engagement ring etc before this if need be. There should not be a problem going forward. Due to other lenders having charges on the property (business loans following a company failure three years ago) my wife and I would almost certainly go bankrupt if the house were to go. We are not concerned about negative equity, but with 4 children this is a loving family home and we would never be able to buy another, nor possibly even rent with our current credit rating so low. So my question is - is a judge likely to be very unsympathetic in granting a second suspension, and what do I have to do to avoid this (apart from begging Derbyshire when they open tomorrow morning)? We really must not lose this house! Thank you

Hi I have a 300k self cert mortgage at 7.99% which started in Nov 2008 (height of the credit crunch) I was in the middle of buying my ex out of the house and as i am self employed was left with no options as I was self employed. My income has been variable but bank of Ireland were a nightmare from day one, not setting up DD's taking it without warning or not completing the mandate so I ended up with arrears from almost day 1. They also failed to allocate payments to my account. I have repeated complained about the way my account was handled and got the usual fob offs. Anyway in 2009 I lost 5 big customers leaving me £80K out of pocket, then in 2010 another customer defaulted for £120K, the first 5 all went bust because banks called in their OD's and the latter is just a dirty bstard trying to dodge payment. How my business survived is a miracle however what it has done has meant I have taken my eye off my personal ball. I know you will find this incredible but I didn't notice for nearly 6 months that BOI were again not taking my DD various wrangling later in November 2010 we agreed I would pay £2k per month (£1750 + 250) by DD. They this time didn't set up the DD and then didn't collect any payments first I realised was in Jan I got a notice of hearing for suspended possession order, this was had in Feb. and suspended. Prior to the hearing I paid 8K (4x 2K) in separate payments, the judge made this part of the order and ordered I pay the 2K per month amount. This I have done however 2 payments were a few days late because my bank didn't send them in time. I have letter of apology on both from my bank and sent them to BOI. BOI are now claiming they haven't had all the payments and have applied for a warrant to evict me on the 25th May. They are claiming the arrears have gone up. This is a like a terrible joke and is killing my relationship not least my GF is threatening to take my daughter away. Any help you can suggest to resolve all of this would be appreciated.

[/b]Does anyone know if any case of mis-selling has been brought against any sub-prime lenders ? Can anyone help me urgently draft my appeal against latest judgement & eviction date ? I lack legal knowledge & do not have the time in just two days to find out enough about how to formulate the appeal and what to claim. I need really urgent help because I only have two days left to appeal correctly enough to be allowed to appeal at all and get an eviction set aside for March 22. I also need help because I get the impression that the courts and legal industry is devoted to not taking on mis-selling claims in the sub-prime lending arena and think I need help to avoid being flummoxed by rubbish from the courts. I need to file appeal and get further stay of eviction to give me the time needed to properly formulate appeal and fight mis-selling case. For instance, surely I must be able to set aside the repossession judgement so as to allow my claim for mis-selling. On what grounds can the repossession judgements be set aside ? Help anyone ? Also I need to show I did have ‘clean hands’ How can I do that. On what grounds can my action of incorrectly filling our mortgage application be exonerated to then give me ‘clean hands’ ? I do need a bit of urgent help. I was repossessed and then waited a year going through the mortgage rescue process. I was accepted, ticked all the boxes etc, then it was handed over to the housing association. They sent a surveyor around to see what repairs etc might need doing to bring house up to minimum letting standard. There is a budget of £20 000 for any repairs. The housing association surveyor produced a completely fictional list of items with equally fictional cost estimates to bring the total up to £27 000. It was wickedly dishonest. This was then used by the housing association to refuse mortgage rescue at the last minute, leaving me being evicted soon, March 22nd. The real costs of repair works by the way was about £7000 maximum, and is very easily proved. But the housing association are adamant and have even refused my offer to find the excess cost. I was advised by the government quango that oversees mortgage rescue that this inflated repairs estimate was simply being used as device to allow the housing association to refuse to buy my house because it had run out of funding. So, I managed to stop the last eviction date by making an application to the court asking the court to consider ‘proportionality’ of eviction under Human Rights Act in view of recent Pinnock judgement and also asking the court for leave to file a counterclaim for miss-selling. The judge said I couldn’t make a claim for miss-selling as too much time had elapsed ( the mortgage is only about three years old) and I had also ‘affirmed’ the mortgage by making payments (which apparently also barred me from making and miss-selling claim). Also, a third reason I could not claim miss-selling and equitable relief (compensation in plain English) was that I had ‘unclean hands’ as I had mis-stated income etc on mortgage application and was partly to blame and the law says anyone seeking equitable relief must have ‘clean hands’. The judge did accept his court had a liability to consider proportionality and he did consider whether it was proportionate that I was evicted etc for long winded reasons given in judgement. So I have presumably pushed the legal boundaries of the Pinnock judgement further by establishing that the Pinnock judgement on ‘proportionality’ (human rights act) does in fact apply to private householders as well as local authority tenants. this had not been made clear by Pinnock. I have arranged a transcription of this judgement & will post it here when I get it in a day or two. The judgement will provide a platform stating points on which to fight the case. But, I was mis-sold and thoroughly misled. I told the judge I would appeal ( he had refused leave to appeal, but I can appeal against that & ask for leave to appeal from a higher court.) I have just two days left to lodge that appeal before I am out of time. Some of the reasons for my mis-selling claim are : The mortgage was misrepresented I was taken unfair advantage of by the broker The broker applied duress There was a conflict of interest between broker & lender. Below is a list of mis-selling tests taken from Aventra & other sites. I think just about all of them apply to me. “How can I tell if I have a mis-sold mortgage? Can you answer YES to any of the questions below:” • Were you encouraged to self-certify or falsify your income to get a mortgage? • Did the lender regularly remortgage you to keep on a low rate? • Did the broker charge you a large finders fee? • Is the mortgage on an interest-only basis with no repayment vehicle? • Did the mortgage go past your normal retirement age? • Your mortgage was an interest only mortgage? • Your mortgage runs past your retirement age? • You acquired your mortgage through a sub prime mortgage lender? • You made a Self certification mortgage application? • You had adverse credit when you acquired your mortgage? • You re-mortgage for Debt consolidation purposes? • Your affordability was not considered when you made your application? • You are now in negative equity? • You were advised to switch to another lender? • You have had your property repossessed? Other points of law I have looked up indicate I have other ‘points of law’ grounds for mis-selling, Viz: - Coercion - Misrepresentation - Duress (Economic duress A contract is voidable if the innocent party can prove that it had no other practical choice (as opposed to legal choice but to agree to the contract. The elements of economic duress 1. Wrongful or improper threat: No precise definition of what is wrongful or improper. Examples include: morally wrong, criminal, or tortuous conduct; one that is a threat to breach a contract "in bad faith" or threaten to withhold an admitted debt "in bad faith". 2. Lack of reasonable alternative (but to accept the other party's terms). If there is an available legal remedy, an available market substitute (in the form of funds, goods, or services), or any other sources of funds this element is not met. 3. The threat actually induces the making of the contract. This is a subjective standard, and takes into account the victim's age, their background (especially their education), relationship of the parties, and the ability to receive advice. 4. The other party caused the financial distress. The majority opinion is that the other party must have caused the distress, while the minority opinion allows them to merely take advantage of the distress. - Unjust enrichment - Lack of fiduciary duty by broker to me I think there are more points of law that SPML & the broker (owned by US bank Capital one) drove their evil bulldozer of fraud right through, but I haven’t the time to list them; but you get the point. Many of the people who were sold mortgages by spml & others will all have some or even all of these points of law to claim against Ascenden & Co. I think virtually all of this list applies to me. There couldn’t be a more clearer case of mis-selling than in my case as I also informed the broker I was a single parent with sole, unsupported care of a child & I was surviving on State benefits. I also explained the purpose of the mortgage was to repay previous lender who had completed repossession and listed eviction date. Can we ALL get together & use my case to forge a precedent of common law that all the other sub-prime victims cans use too ? Possibly organise it into a class action. I feel the point about my claim ( & I haven’t had the time to tell the whole story here & there is lots more & it is a corker) is that I am such an obvious victim and repeat victim and have so MANY grounds of mis-selling that surely it must succeed and then others can follow ? Has ANYONE yet brought a claim for mis-selling ? Anyone out there ?