Hi, please could anybody experienced in conveyancing help me recognise a secondary charge on a Mortgage please ignore if I upload the document ? I’m unsure whether this is an admin charge or additional lending. Many Thanks in advance

Hi Everyone, Tricky situation, but I'm hoping for some guidance, found a few bits of info on here. Unfortunately my father passed away last summer. I am joint executor (with my sister who lives overseas). Here's the background but unfortunately I don't have much paperwork - He had a small bungalow worth £225k but also a £162,500 mortgage. This was sold by GE money to him, aged 70, for 14 years (In 2004) - interest only. He wasn't great with money(his whole life tbh) and soon fell into arrears. In 2006 it was sold on to Engage Credit. We are about to finally complete on the sale, and once all his other debts are cleared there's not going to be much left. We have managed to get Engage to refund £320 in fees. We're trying to establish when GE sold it on. Engage say most of the fees were GE money. There are £3554.30 in fees, plus £2703.72 in arrears. I do have comprehensive list of the fees/arrears dating back to 2006, but its hard to see who charged what, and when it was transferred. I'm so angry with companies like these who mis sell to elderly people who clearly can't afford the repayments, and my Dad was v clever hiding the full extent of the debt from us. My questions are: 1 - Can I do anything as an Executor as the whole thing is so unfair? 2 - Why the mortgage for such a large amount was sold to a 70Yr old - as the house can't have been worth anywhere near that in 2004 - I think it must have been mis sold (He only had a state pension) 3 - How can I trace who sold the mortgage? Can I report them to the FCA?[/left] 4 - Can I claim back fees retrospectively from GE Money (I've read the 2010 ruling on here) or doesn't it apply if the mortgage holder is no longer alive? With many thanks and best wishes, Caroline

Hi all I had a mortgage with Amber Homeloans for approx. 8 years until 2017 and due to my own poor financial mismanagement, I incurred many fees for arrears, etc. Whilst I accept fault, given the time that has passed, is it still viable to pursue Amber for any excessive fees charged which were greater than the administrative cost to them? I am about to request statements from them in order that I can collate a list of charges, but perhaps it's not worth my while? Thanks.

Predatory mortgage support boss disqualified by the courts READ MORE HERE: https://www.gov.uk/government/news/predatory-mortgage-support-boss-disqualified-by-the-courts

Hello everyone. I'm getting anxious about my currently deferred student loan and seeking some advice/guidance/reassurance, please. I have four mortgage style student loans from the early 90s and as I’ve beenbelow the threshold I have been deferring them; every year since I graduated. It’s all been pretty straight forward and deferment granted promptly. Last year’s deferment letter from Honours Student Loans(and maybe several before that) said, if memory serves, I was in breach of theloan T&Cs as I no longer have a direct debit in place. It must have ‘timedout’, as I’m sure there used to be one. As I’m now within a few years of my loan being written off I’m keen not to do anything that could be used against me by placing me in breach of the T&Cs and put me in arrears during my final few years. I’m winding myself up by reading the entire internet on whether the T&Cs actually state I must have an active direct debit inplace, even if I’m currently in deferment. So my questions is, when I receive my next deferment letter should I give them my bank account details, or even call them to provide them now, or shouldn’t I? On the subject of the deferment paperwork – have HSL changed it this year (2018)? Will my paperwork be different in 2019? If so, should I approach it differently? The next issue is difficult for me, as I think I may have been filling the deferment form out incorrectly. I haven’t been including Child Tax Credits as income as the advice I received at the time was that it didn’t count as taxable income and therefore didn’t need to be included on the form. But now I’m reading that I should have been declaring it? If so, then would your advice be to start putting it on the form from next year? The tax credits would place me close to, but I think still under, the threshold. As I haven’t been declaring child tax credits and probably should have been, would this be grounds for me to be regarded as in breach of the T&Cs and effect future deferment/write-off? If I should declare it, do I need to declare 100% or canI declare 50% as it’s in joint names with my wife and her income doesn’t count? Many thanks for your help.

Hello Needing some assistance re mortgage arrears and threat of repossession. The mortgage in question is with Halifax (interest only). I should mention that I am trying to help out my aunt who lives abroad. Having decided to move overseas, my aunt left her property under a letting agency. The bank were aware of the property being rented. Due to poor management of the letting agent, monies were not received in a timely manner and eventually mortgage arrears mounted. To cut a log story short, the property is now under a new estate agent and things are steadily getting better. The mortgage arrears are just over £500 and another payment due shortly. By the end of this month its likely the arrears will be close to £1000. I know this is not an overly large amount, but my aunt is not working and not in a position to find this money. Halifax have written and have indicated they will instruct solicitors to begin legal proceedings to repossess the property if any more payments are missed or if contact is not made. I am aware that Halifax have applied late fees etc and other charges but possibly not enough wipe out the current debt. My main concern is to stop the repossession and wanting to know what is the best course of action? I would be grateful for any suggestions. Many thanks MBK.

Hi I'm after a bit of advice. I am currently interest only on my mortgage and owe approx 63000. This ends in 7 years. I am in no position to remortgage. Because of my poor credit rating and type of house I'm in. As I know this 63000 needs to be paid. What is the best way. Do I up my monthly payment to my mortgage company or save up over the 7 years. (I actually thought I had longer) Thank you

Good Morning Caggers I have been contacted by Mortgage.Claims for them to review my mortgage and see if I have any claims on my mortgage. They have contacted the lender and it appears they have no history of my mortgage. I am simply paying them but they have no history of my mortgage or anything. 2 things; is there anything I need to be aware of with the above company? Do I need to be aware against claiming against a bank that has no history of my mortgage? Many thanks as always

My mum has had a mortgage for 45 years. It represents 17% of it's value. They don't want to continue it, once it reached the end of it's term, even after agreeing to continue it in May of this year. We only get to know a repossession court date is due on 30th of this month, 10 days ago. Barclays know she was staying with me over summer and it was only a neighbour checking post, that alerted us. (Barclays has made it very difficult for me to assist my mum on the issue) They wanted a message from the doctor, which they got, now they changed their mind and want a more formal letter via the post. Before 'possibly' reconsidering. Her rate was/is a minimum of 5% and went higher when rates increased recently. So they are earning well from her. Plus she paid off two loans they sold her, to pay off overdrafts, they kept letting her fill up! Until we asked them to stop. Both stink of miss selling. The impact of this will worry her, cause her to fear leaving her home and disrupt her recuperation with us. An effort that took her from being skin and bones, close to death (even with carers/social workers visiting), to eating and being more healthy.

Hi, I've tried to have a good look through the website, which has always been a great help over the years (thank you so much!!) but I just need to clarify a few things before I end up doing something stupid. I had the old mortgage style student loans with the Student Loans Company back in 1993 and 1994, and deferred them over the years due to low income and poor mental health. I don't know if I'm remembering right but I think the last time I acknowledged the debt and tried to defer again was 2012 or 2013 (not a good year personally, don't remember much). Fast forward a few years, find out the account was sold to Erudio - never acknowledged any debt, but now in the past week, I've received a Letter Of Claim from DrydensFairfax to my current address which starts with the following: "This is a Letter of Claim sent to you in accordance with the Pre-Action Protocol for Debt Claims...". They are trying to claim both 1993 and 1994 loans together under one account number and the account summary only states balance on 11th September 2018 (debits/credits/interest), along with adjustments for menial amounts between 6/9/2018 and 11/9/2018. So, how much of this is hot air or are they trying to get a backdoor CCJ? Should I send a CCA request to them (is it s.77 or s.78, sure its s.77 but better to be sure)? Do I send the new GDPR SAR request and if so, who do I send it to - SLC, Erudio or Drydens? Do I bother to fill in the Income and Expenditure form, repayment offer, or reply form they've sent? Apologies for the questions, need to make sure I don't screw it up. ta

Hello, I am hoping to find some direction or legal advice. I split with my ex-husband 7 years ago and divorced 3 years ago on the grounds of his adultery. I moved out of the marital home so that he had somewhere for our young daughter to stay when he had her at weekends. I went and got myself a rental home. The agreement was that he paid my half of the mortgage and I in return didn't ask for any maintenance. I was somewhat shocked this week when the mortgage company wrote to me this week at my new address which they didn't have the details to get in touch with them. I asked my ex if he knew what it was about. As always he said not to bother speaking to them as everything was ok. Curiosity got the better and I called them, I was horrified to learn that the property is in severe arrears and legal action has started to get the property back! when I spoke with my ex he tried to claim that everything was ok and he will pay all the money back. I know that this will not happen as the arrears are far too high and if one payment is missed then the court will enforce the order. I have asked my ex to sell the property but he is dragging his heels and lying to me when he says he's got someone coming out to value the house. What legal route can I go down to force the sale of the house. The property needs to be sold as I know it will be repossessed if not as the payment schedule is huge to clear the arrears. I am a bit lost as to who to speak with, would it be a family solicitor or a property solicitor? Any advice is appreciated.

My partners ex husband took out a mortgage with abbey national 24 years ago , my partner moved in and her ex was working away , they split a year later and he emigrated, my partner carried on paying the mortgage from her bank not knowing it was an interest only mortgage, the lump sum is now due and we haven’t got it , we’ve phoned Santander and because of data protection they won’t discuss it with her , she has lost touch with her ex and all we know is he is in the USA somewhere, what can we do ? They won’t tell us if they are going to repossess the house or not

Can anybody advise regarding Paratus paying redress to customers who fell in arrears with their mortgage. I understand many mortgage providers were guilty of 'automatic capitalisation' and customers past and present were entitled to compensation. We had arrears with Paratus (mortgage finished last year) but I have not had any contact from them regarding this issue. Any info would be great.

Good Morning, I'm seeking some advice/direction from you for my mother following my fathers death in 2014. Her mortgage started in 2002 and was called a Natwest Foundations Mortgage, it was effectively an arranged credit line that allowed you to borrow up to the value of the property and pay off extra amounts when suited. Natwest withdrew this product and started locking peoples money in, there was widespread complaint online about this. At this time from research, many customers moved to other products offered by the bank however my father insisted he was staying on the product. Still to this day that mortgage is in place, it reached the 14 year term in 2015 and has rolled on a SVR extension for 3.5 years... I have drafted for my mother with her consent, the issues that she has with her mortgage. Some advice and direction would be greatly appreciated. Issue 1 - Natwest Payment Protector sold as Life Insurance with Mortgage Foundations Mortgage Account taken in 2002 – This was done 100% at home by an Natwest advisor called XXXXXX XXXXX. We have hand written letters that were included in the SAR that show this. Natwest say that they have no records to indicate he ever worked within the company. I feel this is crucial to my complaint as XXXXX XXXXX completed the mortgage with myself and husband at home and advised us on everything. We were advised we had to take a life insurance product called ‘Natwest Payment Protector’ in order for the mortgage to go ahead. From the beginning of the mortgage up until my husband’s death in July 2014, we were led to believe that the Natwest Payment Protector was Life Insurance on the house. It is proven that this is what we believed as when my husband had his first heart attack in May 2008, he contacted Natwest to try and freeze the account. At no point did he use the Natwest Payment Protector whilst sick, which is apparently what it was for! We both were led to believe this was Life Insurance. At this point, I am upset that Natwest did not inform us what this product actually did - If they had, it would have covered the payments whilst he was sick and also would have made us aware of the product they had mis-sold at a time when we could have done something about it. This has had a huge financial effect on myself. Natwest have produced after many letters to the bank, a document with my husbands signature agreeing to the costs and benefit of the NatWest Payment Protector… This was not signed by myself nor do I believe my husband signed this understanding what it was he was signing – I stress, the Natwest advisor forcibly made us take this product as part of the ‘deal’ and this product was ‘Life Insurance.’ Issue 2 - Failing to supply information under SAR My initial SAR request was handled carelessly and was to say the least, incomplete. It was missing huge amounts of information and the majority of what was sent was not legible. I complained about this and specifically requested it to be resent as well as information pertinent to the mortgage to be sent. Following this second request – there is still clearly information missing. Issue 3 - The original mortgage agreement/contract and terms and conditions Despite two subject access requests being submitted a Natwest complaints handler has informed me that – quote ‘A further search has been completed by the Mortgage Operations Centre and they have been unable to locate a copy of your original mortgage offer’. I find this un-acceptable and ask on what grounds this mortgage is enforceable under the CCA between 2006 and 2016? Further to this, despite two subject access requests and specifically asking via letter to the Chief Exec’s office on more than one occasion Natwest have failed to supply the original ‘Terms & Conditions’ of the mortgage. Nor have I been supplied a reason as to why these are not available. In fact, since asking for this information shortly after my husband passed away in July 2014 I have not seen any paperwork produced by Natwest that form an ‘agreed mortgage contract’ nor an ‘agreed credit arrangement’. Issue 4 - Status of mortgage agreement during the years 2002 to 2018 leading to issues surrounding compliance of the CCA in 2006 and FCA Regulations at the ‘supposed’ end of term. My understanding from recent research is that this mortgage is a pre-2004 First Charge Mortgage that was unregulated when put in to place in 2002. 2002 – 2006 Between these years the mortgage should have complied with the CCA, however from research it seems like the £25,000 barrier stops this from being required… In the Natwest supplied SAR upon opening the loan, I find it very convenient that there is a column entitled CCA (Consumer Credit Act) – marked with ‘NO’. I would like this explained to me as the bank deemed this important information to record however I was never informed of a regulatory body nor law that would be/become important… Is this a fair relationship? 2006-2016 Between these years the CCA was amended significantly and as this loan is a pre-2004 first charge mortgage, from my understanding it was subject to compliance with the CCA between 30th March 2006 and 21st March 2016 when the mortgage becomes regulated by the FCA – see PS17/6. During this period, several compliance failings occurred however two of which I feel are significantly important: Failure to send NOSIA – At no point was a specified notice of sums in arrears sent, by trawling through statements I can see that this should have happened several times. The first of which took within the 2006 onwards period is May 2008. Failure to do this would make the agreement 'unenforceable' until notice is given. Failure to send Annual Statements – None sent. Failure to do this would make the agreement 'unenforceable' until notice is given. During this period of time, my husband had passed away and I was completely unaware that the bank had these obligations to me. Further to this, I made several complaints via telephone and in branch as I didn’t even have access to my mortgage account online. Furthermore – I still don’t have access to this online now! (August 2018) Issue 5 - Product Extension Concerns June 2015 – August 2018 (Taking into account FCA Regulations enforced on 21st March 2016) It is my understanding that the verbally agreed extensions following the ‘supposed’ end of term mortgage are subject to the rules and regulations of the FCA now. This loan extension and all monies paid on this ‘extension’ should have been a ‘Regulated Mortgage Contract’ and there should be certain paperwork in place, such as a Loan Contract, Terms & Conditions, Key Facts, Annual Statements etc. There have been serious failings by the bank to comply with FCA regulations during this period. ----------------------------------- Thank you for any advice and direction in advance.

Hi, I've gone through [removed] as they've said I can claim money back from Santander for their performance during a mortgage. They've advised me I CAN claim and to complete their paperwork. Can I ask, is this to do with capitalisation and adding arrears to the principle payments? They're very vague and mysterious as to why and how..... for obvious reasons can I do this myself? Also, can I still claim back excessive charges on my mortgage account? Any help appreciated

Could someone please offer me advice for the following situation: Had initial mortgage through broker with GMAC House repossessed following divorce £1000’s added in fees: missed DD; late payments etc Spent six years with ccj but now with A++ credit Paratas now coming after me for £5000+ repossession shortfall after selling the house In fact I have to appear in court in the next week or so to face a money order claim for the shortfall. My question is this: is there anyway that I can make a counter claim in 2018? I understand that several years ago people where making claims against GMAC but is this still possible today? Another question relates to mortgage arrears capitalisation. What is it and is it likely to affect my counter claim? I’m feeling rather desperate at the moment with the thought of finding £5000 to payout in the next few weeks. Thank you in advance...

Hi I am hoping someone can help. I currently have a mortgage with Santander. I lost my job at the ed of March and have been taking money out of my mortgage to keep making the payments in the belief that i would have a job by now. I have also been diagnosed with depression. I should be able to make this months payment (after withdrawing money from the account again) and I have only just started claiming Universal credit. Can I ring the back and ask them if they would consider taking a small amount every month for around 6 months until I can get better and back on my feet. Thank you for reading and also any replies

Hi all. I am completely new here and just looking for some advice please. I bought a house in 2015 with no issues all went through with no problems. I went to view a new house on Sunday and approached a mortgage advisor who was going to go through our finances etc and see affordability for the new place, financially i knew it wouldnt be an issue. The advisor contacted me today to advise that I have an active CCJ on my account from 2014. And that due to this he couldn’t get us the mortgage that we needed. I download my credit report and there is a CCJ which I have never seen. My credit score is in the excellent category so I never had any idea that anything was wrong, I’ve never been refused credit in the time since it has been issued. I contacted the court who issued it today and they advised the company who lodged the case, I called them as I was already in a payment plan with them months before the date of the CCJ being filed. They have advised that I can settle the balance and the CCJ will show as satisfied which is better than active. Does anyone know if It’s too late to dispute the CCJ after 4 years of it being on file as I was making regular monthly payments to the student loan company before it was actually issued I did receive papers asking if I agreed to the amount owed and I stated that I did and was already in agreement to pay it back, i then received a letter advising to continue with the arrangement - no mention of a CCJ being issued. If I pay the CCJ and it shows as satisfied does this make my chances any better of securing a better mortgage or is it a lost cause now. Thanks for taking the time to read. Ps sorry if I’ve done this wrong or it’s posted in the wrong section . Nelly

My home was repossessed following a relationship breakdown in 2008 by Birmingham Midshires. I was contacted in 2009, 2010, 2012 and 2013 by BM debt collectors chasing the shortfall and each time I did not acknowledge the debt but i did request clarification on how the shortfall came about in a letter from a solicitor I received in 2010. In all my correspondence I highlighted I was not acknowledging the debt to BM or to their representatives. Two weeks ago I received a letter out of the blue from Moorcroft chasing the same debt again and then the weekend just gone I got a chaser letter from them again threatening further action. I do not know where I stand now with this as BM or their representatives have not contacted me for over 6 years and I have lived at the same address this entire time only recently moving house. ir Do I contact them not acknowledging the debt and requesting further info on how the figure was arrived at? Or have they lost there chance to chase this debt as its been over 6 years since they last contacted me? Help!

Hello I hope I am posting in the right place. I took out an interest only mortgage in 2007 for 17 years, it has 6 years to go and I have hardly paid anything off the balance I am unlikely to be able to pay this off when the mortgage completes in 2024. I recently saw an ad for compensation claims for mis sold interest only mortgages, the broker that sold me this mortgage never asked for proof of earnings (I am self employed) he said there was no need as I could self certify. I think I was mis sold this mortgage and wondered if anyone had made any such claim for compensation, or used a claims company. Any advice would be appreciated. Thank you

I am interested in sorting out my Mother's Mortgage and my personal debts. My mother, who is 80, still has about £236,000 remaining on her mortgage. I have personal debts, which are costing me about £1,200 per month. My mother's house is worth about £450,000. Would it be possible to get a Lifetime mortgage to repay her mortgage and my debts? I would be happy, and I want to pay towards the mortgage each month. I know that I would not get a normal mortgage as I would not earn enough (£50,000 a year) and no deposit. I am just wondering if anyone thinks this would be possible, or if anyone had any other ideas?

I had a NatWest Mastercard and I also had a NatWest Mortgage. I want to obtain details, so propose going down thw Subject Access Route. Should I send in separate SAR's (if so, will the addresses be different?) or should I just send in the one SAR whilst including the account numbers for both Mortgage and Credit Card? Any advice would be appreciated. Thanks.

Hello you good people! Please advise, as I've read all the relevant threads but none end with a definitive answer or resolution. I deferred my Student Loans from 93,93,95 each May until 2013 when due to a move, I forgot. I phoned SLC around late 2014 to be told the loans were now with Erudio and to phone them. Having read all the hoo-haa surrounding Erudio, I didn't phone. Nothing further happened. Fast forward to March 2017 and I noticed a hard search on my credit file from Erudio. Nothing further happened. Since last month I have started getting multiple phone calls from Erudio. No message is ever left, and I have blocked each number identified as coming from their stable. As I am on the voters' roll, I can safely assume they have my current address should they decide to write. Could anyone please advise on what my options are? I don't want them getting a backdoor CCJ, but the account must be in 'arrears' since around June 2013. I am not in a position to pay, nor do I earn over the threshold requiring me to do so. As far as I can see, having read the other threads, my move should be to wait until they send a begging letter, then I send them a request for my original CCA? If/When they do what should I do then? By my calculations the first 93 loan should reach the '25 years' write-off point this year, however as I'm currently in arrears I don't think it applies? As my last deferment ran out May 2013 do you think I can just wait another 12 months, 'head-in-the-sand' stylee, until the debt becomes statute barred? I'd just like to know my options, and the dirty tactics I can expect from Erudio now the beast has woken and acquired me!! Any advice gratefully received. Thanks for your time.

Just a quick question I was in a DMP and have now cancelled I have one entry on my credit file which is showing as cleared but has the marker AP but settled. The question is can a Mortgage lender look into and find out if the monies outstanding on my original DMP have not been paid back.. so if asked could I say that was the only one I had and now it is settled? by the way all the others have dropped off my credit file

I (and my now ex-husband) had a house repossessed back in 1998. There was negative equity of around 25k. I made a full and final settlement offer of 2.5k which was accepted in July 1999. It was paid and I had a letter confirming the debt was settled. I cannot find this letter. 19 years later with no contact from them whatsoever, both Halifax and Moorcroft write me letters. Moorcroft have asked me to pay 18k. Am I right in thinking that as no contact has been made for more than 12 years, that I do not have to pay? As iy was full and final anyway, surely yhay counts for something? Would Halifax have records which would have a copy of correspondence from back then?