Hi, long story here, i will try to be brief but doubt it will happen! Northern Rock have been threatening repossession for 18 months, but never actually doing it. I think i have them by the b*lls and they know it, so they don't want to open the can of worms so to speak. I have petitioned for divorce last week (yey hey) from my husband of 13 years. He was a financial advisor of 25 years. After separating last year for good, I took over all the finances in my home which I share with my two young children. I have Bipolar disorder, which is a mental health disorder and I am in receipt of benefits only, DLA ESA Child benefit and child tax credits. I was struggling to keep on top of the bills etc as he had always dealt with everything.This is when things came to light. Long and short, i requested copies of all mortgage applications from Northern rock and things did not add up. It shows he was in massive debt when he bought his first house before he was with me, yet they gave him a mortgage, he re-mortgaged 3 times on this property. In 2004 we moved in to this property and obtained a joint mortgage. This was one he had on the old property with northern Rock and he ported it across to this property, into joint names which i was happy with. He controlled all the money, made out that his business was doing well etc, then in 2008 things became clear. I questioned how come money was so tight if business was doing well. He had asked to take money out of the kids savings, which was only around £700, my parents had the books and he wanted me to get them. When i questioned this and a few other things, he battered me. I had him immediately arrested. He had been mentally abusive before now but never physical. Two days later we sat and discussed everything./ The business was failing and the mortgage was in massive negative equity. I told him to close the business and get a paid job. He did. But things were tight.He had a load of credit card debt to the tune of around £85,000.00 on top of the mortgage. We bought the house in 2004 for £169,000.00, and now, 4 years later there is £285,000.00 on it in secured and unsecured loans. This amount was given by Northern Rock within 18 months of moving into the property. RIDICULOUS. I was not working and he was self certifying his income. There were minimum payments to the credit cards of £3000 per month on top of the minimum contractual INTEREST ONLY mortgage payment of £1400 per month. We could not cope. His employer made him go self employed within their company after one year, then let him go 5 months later. He had no job and we were going under. I have had 2 applications for charging orders through the post. One for £26,000.00 has been granted and another for £22,500.00 has been applied for, both for his business bank overdraft and the second a credit card debt. I rang Northern Rock and explained this to them , since November 2009 they have been accepting reduced monthly payments of almost half the contractual amount. Since Sept last year when i kicked him out (at last) they have been accepting SMI (support for mortgage) payments only of £480 per month, which is £750 per month short of the contractual amount. Ever month i receive a letter from Northern Rock saying that i have not contacted them nor paid the amount due and am in arrears of XXX amount etc. Yet every month I call them to explain and agree the amount for that month, being the SMI payment. I have been passed from pillar to post, from the 'sensitive' team due to my illness , back to the switchboard and so on. I have been ill advised by them and when i query it they cannot seem to find the notes etc. I received a default notice at one point which upset me and i could not understand why. After I called them, it became apparant that NONE of my payment had been going toward the UNSECURED element. They never advised me to pay seperate amounts. I queried this and asked them to look into it. I was advised that it may be possible for me to go into a LOAN MODIFICATION, and after weeks of phone calls and income and expenditure forms, i was now told that they could NOT do this as I had recently gone into a £1 CCCS arrangement to pay £1 towards the unsecured!!!!!!!!!! Again, this was conflicting information. I asked for transcripts of ALL my recorded telephone conversations along with all the notes they had on my file so that I could look into this. It took months to get to this point and last week i received a full and final response letter stating that they 'cannot find the phone transcripts' and that they do not physically have the manpower not time to check each and every application form that comes throught to them , they have to trust that the truth is on there by the applicant!!!!!!...and that they would not be upholding my complaint!!!! I have made them clearly aware that on the mortgage applications, my ex has been fraudulent by playing the system and not completing the forms correctly. He has, for example, scored through the employment section on one and written 'please cross refer with previous application'...this would have put him as employed when he was in fact self employed at the time etc etc. If they had in fact took the time to cross refer they would have realised this. They would also have realised that the amount of debt he had shown on the previous applications could not possible have been paid of as shown on the following application. He stated he needed the extra funds to ' consolidate business debt!!!!!!!! I have made it clear to Northern Rock that he had fraudulently, without my knowledge, obtained further credit to the account. Every month when i call, if not twice a month, i tell them...stop threatening to repossess me, either do it so I can attend court and defend myself, or leave me the hell alone. I had a solicitor challenge them, i was going to sue them, the solicitor thought my case was good but legal aid was turned down from a prosecution point of view. They told me once i do receive a repossession order to get back in touch and legal aid will be granted for a defence. But it is 2 years, i cannot keep going every month wondering what is happening. I am £13000 in arrears, with charges adding on. I have been told i may be able to capitalise etc etc but nothing ever comes of it. As much as I want to stay in my home, as i will never be able to obtain another mortgage myself after this, ia m not sure how i could afford it as it stands on my benefits. It is interest only and there is no way at the end of the term that i could find the full amount. My 'plan' is , to sue them to the point where i am only responsible for the original mortgage amount, the interest is reduced to a monthly amount i can personally afford, and that the arrears are capitalised. I will fight tooth and nail for my home, if at the end of it i have no choice but to go into rented then so be it. But i feel that i have for 13 years, been lied to and cheated out of owning my own home which may at some point in the future have given me and my children some security. I dont think we should be punished because of my ex's lies nor the irresponsible lending and incompitence of Northern Rock. HELP!!!!!!!!!!!!!!PLease!!

Bit of background : I was out of work for over 18 months. We tried to work with RBS about not being able to make mortgage payments but they wouldn't respond. 2 years ago I got back into work and once we had got money coming in again we started making payments again (more than we needed to) and wrote to RBS about using the difference between the value of the house and the mortgage to absorb the arrears. Again there was a deafening silence from RBS ... but no notice of repossession. Fast forward to this August when we get a letter (dated the 6th but sent second class so it arrived on the 10th) from them saying we needed to make an offer of increased payment to avoid repossession. Having no idea how much they would want I phoned them and they said that if we made any offer over £984 it would be fine - we were paying £900 when the actual mortgage payment is approx £860 So we made an offer of £1000 a month from August 30th and actually increased the payment to that amount. We heard nothing back until 4th Sept when they wrote back saying that the offer wasn't enough and they has passed my account onto their solicitors. I phoned them to ask why given that they had told me that anything over £984 would be more than sufficient and I was told that it was because they had changed their rules and now all arrears have to be repaid within 2 years. As our revised payment wasn't going to do that they had passed it on but it would be for a suspended repossession order. I asked if they would provide that statement in writing as frankly RBS have been so unreliable I didn't actually believe them. Today I get a letter from their solicitors saying that they want to repossess the house. I phoned them and they basically said that RBS had not said anything like that. So I'm now filling in another financial income/expenditure form and hoping that they see sense. In March I had a mortgage statement showing that the outstanding balance on the mortgage was £131,082.65 with arrears of £14,751.94. The letter from the solicitors today shows the outstanding balance of my mortgage is £128,187.13 with arrears of £13,597.54 So in the space of 5 months I've reduced my mortgage by £2895 and the arrears by £1154. Should I put a letter explaining this in when I return the expenditure forms to the solicitors? Also what sort of position does this leave me in when it goes to court? Thanks. Steve

Hi All, I hope someone can help. We live in a flat in London. My mother-in-law inherited it from my father-in-law but as the mortgage was non-transferable, she had to take finance. her mortgage broker told her that she couldn't 're-mortgage' until she had owned the property herself for over 12 months. Therefore she had to take a bridging loan. 12 months go by and the bridge is due, but re-mortgage companies won't consider her application until then, so she manages to extend the bridge for a further 6-months. Unfortunately, she then finds it nearly impossible to get a new mortgage, this is because of 1 credit card that she took out after her husband's death. It ended up taking some time for probate to be granted and so she missed a run of payments on that card, all her other credit is perfect, but that just kills it. the few that say yes send valuers who significantly undervalue either the property or the rental potential (she is taking it on a BTL and we're going to rent it from her for the time being). Because of these failures, the Bridge which was due at the begining of June 2013 is stilll outstanding. We've been in contact to explain that we're trying various options, but as the interest payments are £12,500 plus £10,000 arrangement fee each time, which we can't clear until remortgaging. Anyway, she's now had a claim for possession and I'm not sure what to do. Any help would be greatly appreciated. We really want to keep it if we can both for the sentimental reason that it's the last thing my wife and her father worked on together and for the pragmatic reasons that it has a potential for allowing another investment. I think that, given a few months, we can either refinance it or at least do what we need to do and sell at a good price if that's what we need to do. Can anyone suggest what we should say to get that? Thanks so much

Love some advice from the repossession gurus on here ... I have a Notice of eviction set to be carried out on Monday,19th August Currently in arrears to the tune of £5,500. My normal monthly repayment amount is £347 I have had previous agreements with the lender (Nationwide) to pay reduced amounts and have had a portion paid by the DWP, but payments from myself have admittedly always been sporadic over the past 2 years, and not always the full agreed amount. Currently there is no payment from the DWP and I am not in a position to make any form of significant monthly payment. Speaking with Nationwide, to prevent the repossession at this stage, they would be looking to receive the full amount of the arrears. I will not be made homeless by the repossession and I am looking to move on anyway. The house is not currently on the market and there is not a significant amount of equity in the property. There is also a charging order against the property for a loan with Black Horse. Is it worth fighting the repossession at this stage? Given that I am looking to move anyway, and that realistically speaking, I cannot afford any type of repayments in the short-term, certainly none that Nationwide would accept at this stage. Is it worth me trying to hold onto it or should I just let it go and let Nationwide have the hassle of trying to sell the property. My head says let it go and foget about it…my heart says, try and keep it, retain some dignity, and try and sell it myself, although I do not see that this second option is even viable at this stage. Any help/advice much appreciated

I have recieved a repossession hearing date from the courts for Capstone Mortgages, due to being self employed my payments have always been a week or 2 late but I have always paid. However due to the 2 recent bank holidays the cheques from my customers arrived even later, which put me one whole month in arrears and the next month 2 weeks overdue. Which they said amounted to £960. However upon phoning them one of my payments had crossed the letter in the post and I was only £460 in arrears, but they were going to add on £115. I paid the £575 and they then give me until the 15th of this month to pay this month mortgage, which I have paid and I am up to date. Their solicitors Lightfoots however have told me that they are still going to go for possession even though I have no arrears, the hearing date is 9th July, what do I do to stop this, I am going to lose my home and I do owe anything.

Hi, wondered if anyone can advise me in my situation as follows. i am in arrears with mortgage of around £5000. Have taken good advice from well known recognised money advice organisation and have I & E showing I can afford to make my normal mortgage payment plus additional £70pcm toward arrears. Lender will not agree this as I have previous broken arrangements over the last few years. Now have expired calling up notice and lenders lawyers are getting a court hearing. I have paid mortgage payments plus extra regularly for the last few months. My question is whether sheriff will be likely to rule for repossession when even although I have reasonable case I have broken repayment arrangements before. i am in Scotland btw. Thanks.

Hope this is the correct section. This is a little bit complicated so i'll try and explain it all. Two years ago I decided to go back to college and then university so moved back in with my father. I was living in a shared ownership (25%) flat and had it up for sale and permission to rent it out until it sold. However my mother was being kicked out of her rented house for not paying so I let her move into my flat so she wasn't on the street. 2 years later and she still refuses to pay any rent or go to the council for rent money and i've come to the end of my financial tether. I've been using my university loans to pay for her to live there for 2 years while my father has let me live with him for free but enough is enough. She never signed any tenancy agreements with me and the bills are in my name still, including a £400 electricity bill she has run up which has meant i've had bailifts after me for payment. I'm convinced with speaking to her that she is mentally ill but the doctors wont do anything as she isnt an immediate physical threat to herself or others and after speaking to the doctor/council/CAB/Housing Assosiation the best advice I have gotten is to let the flat be repossessed and hope she kicks up and gets arrested so she can be sectioned. Now to the actual question. What is the quickest way to let my flat be repossessed? My mortgage is with the Halifax and rent with Waterloo Homes. I honestly just want to be rid of the place now and I don't care about getting a mortgage anytime soon. I'm not sure who to contact or what departments and what to say whether it be ringing or writing to someone, or what the actual process will be. Hope someone can help, sorry for the big wall of text.

Hi, I've jus found out that my best friends house was repossessed yesterday. I'm still waiting to get to the bottom of the issue but the following is what I know: Mortgage is with Skipptons He has missed the last 4 consecutive payments He had missed payments before and caught up He has missed payments, been to court and was grated a stay order if he payed a set amount which he did His mortgage payments were £600 but after the court stay order they increased them to £800 (not sure why yet) He had plenty of notice that this was going to happen but dug his head in the sand, didn't ask for help, didn't speak to the Mortgage company and tried to resolve his issues with beer He is currently unemployed (own farming business recently failed) He has just got divorced but has joint custody of his 18 month old daughter for 3 days/2 nights per week All of his possessions are still in his house and there is a notice on the door saying he has 7 days from yesterday to contact them to arrange removal of his possessions Council have said there is nothing they can do for him as the child care allowance for his daughter is not in his name Couple of key questions: If he grants me authority to speak to his mortgage company do you think there is any hope of getting him back in his house if I pay the outstanding arrears? Has anyone ever managed to get back in their home after the house has been repossessed? I'm pretty savvy with financial matters but this is an area that I really don't know much about (and I hope that I never have to learn for myself! - off to touch some wood). Any suggestions or ideas would be very much appreciated! Thanks M

I have a hire purchase agreement for a 53 Plate car with 55,000 miles, which was obtained last July which was not driving well from the off, but particularly as the weeks passed I noticed that the brakes, suspension and various other parts of the car were not to the standard I was used to (prior to that I drove a 1999 Vauxhall Vectra with 160,000 miles on the clock, so one would expect the 53 Plate to be much improved. Also the car is semi automatic and would not always switch into reverse, sometimes taking 5 or more attempts from switching to drive to reverse to attempt it to work, or sometimes it would not work at all. I reported the matter by telephone to the dealer who explained I would need to contact the finance company as it was their responsibility. I did this by telephone although they stated it was usually down to the dealer to look at and fix the vehicle if applicable as it should have still been under warranty but they said they would ask somebody from the relevant department to contact me. After time passing with no response I put my requests in writing (for the suspected faults to be investigated) to the dealer and had no response (September 2012). I also sent this to the finance company in end September/October as I was not getting anywhere with the dealer or with the finance company by telephone. I sent various e-mails and attempted to chase the matter by telephone, without success, it was only in late December 2012 when the ABS and transmission warning light came on on my dashboard (rendering the car undriveable) that I relentlessly pursued the finance company and dealer marking all emails as urgent and contacting them both by telephone. When I spoke to the finance company the first person I spoke to said that as I have had the car less than six months they cover any faults occurring in this time frame, however the manager in charge of these issues was not in until the following day so I would have to wait for a response from them to advise me what to do. When I spoke to the person in charge of this area, they told me it was down to the dealer to fix the problem as it is less than six months old. Then I spoke to the dealer who then told me that the warranty they give on their vehicles is only three months and they are not legally obliged to do any repairs after this time. The finance company refused to hear anything further on the issue and said they would cease all correspondence with me unless it was through a solicitor after I stated I had obtained legal advice on the matter (but did not instruct anybody). The solicitor I spoke to advised me that my rights are against the finance company and that I should be able to be able to claim back a pro rata refund for the monthly payments made and also the costs of fixing the car which I did have to arrange and pay for myself. The mechanic who temporarily fixed the car said the fault was electrical - the brake cylinders are faulty and need replacing and also the automatic sensors to the wheels are not functioning properly (something which would have been present at the time the car was sold). He advised me until the same was done then the problem would reoccur and that this was most likely what they had done beforehand with a view to selling the car to make it look roadworthy. Following this I also sought advice from Citizen's Advice who advised me that I should make a formal complaint and allow the finance company 14 days to rectify the problem and it was my choice whether to carry on paying the instalments or not. The problem reoccurred end May 2013 and I paid the next 2 months instalments, but the most recent payment has not been made following the advice of Citizen's Advice Bureau and now I received a letter yesterday dated 12th August 2013 that repossession proceedings would be instigated in 14 days if I do not bring the account up to date (there was no mention of the ongoing dispute with them for which I only just received a response too; whereby they indicated that they would take the car back and accept to end the agreement without further cost providing there are no further faults to the car other than those I have stated to them). It should also be mentioned that the monthly agreement with them generates a code which I have to enter into the vehicle so that I can use the car, this is done once payment is received. However, I have to ask them monthly for a new code after payment has been made, otherwise they do not generate it; contrary to their agreement and their telephone customer helpline which indicates that a code is automatically generated after each payment is made (within 24 hours.) Last month when payment was made they did not generate the code, despite several e-mails and letters being sent asking them for this. (One request was stated on one of the letters regarding the dispute which I did receive a response to in writing but he did not acknowledge my request nor act upon it, however he did receive it as his reply would indicate). It was only on my second letter to him in this regard that he said it was sent and claimed to send me proof that this was sent to me, although the proof he sent me did not indicate this firstly; secondly I now have a second agreement with them for a different vehicle for which the code is sent to the same mobile number and following a telephone call with the company last week they confirmed the code which was sent was for the new agreement, so this proves nothing. As I consider this breach of their their part of the contract this is when I decided with the advice of Citizen's Advice to not make any further payments (and given the car had been undriveable for the last two months too as I was not willing to pay to fix the car again/permanently. What should I do? Do I have any rights to claim against them through a small claims court even though they will start repossession proceedings on 26th August? Can I still escalate the claim to FOS? The finance company's main point for their reason for disputing my letters is that the car was fit for purpose and of satisfactory condition at the time of the sale and any reports to the contrary were not made to them until October 2012. (They are ignoring any knowledge of any reports beforehand) even so - this is only three months after purchase. As far as I was aware it is not reasonable to expect all faults to be apparent at the time of purchase and there should be reasonable time allowed for the purchaser to assess this. Any assistance ASAP is extremely appreciated!

Hi all I've just had notification of a second repo order on my house, after a many year fight. I won the last round with a walking possession order over me but still owned a house at the end of it. I did a 550 mile round trip in a day for that too. Phew. Here is the background: I moved someone in whilst I'm working away to afford the mortgage payments whilst I deal with the arrears repayments. They get paid on 10th of the month, leaving me around 10 days behind every month. I asked Hamilns Solicitors (Santander litigation dept) whether this was a problem as I could make it up in the interim somehow. They said it wasn't a problem at all as long as it comes around the 10th, agreement sorted. Cut to last month. I phone up to see how I'm doing, apparently it has been returned to Santander as the arrears level has dropped low enough to be returned. Awesome! Only they did not mention the 10th of the month agreement to Santander. Instantly the 31st July came, computer says no, warrant kicks straight in, now I have a repossession order for 19th August!! Bunch of... All this time I have complied, giving them my correspondence address and email, which they have had on file for 2 years plus. They sent the notification to my property up north, not to my correspondence address. They have done everything by email thus far, where I reply instantly…except this REALLY IMPORTANT bit. They didn't tell me any of this by email, nor pass any of this detail back to Santander. No phone call, nothing. I just got a random phone call from my very worried tenant. Should I just tell the court all this and fight it, or am I likely to lose? can't find £1800 in 11 days - it's not possible unless you're a big bank like Santander. I've fought hammer and tooth for this for 5 years and am just getting somewhere with my debt clearance. Things are on the up apart from this. All my council tax arrears are gone after this month, leaving me better off still. Any advice? Do I send out an N244 quick smart with all this on? Do you think a judge would give me the benefit of the doubt, seeing as its my second visit? I can't even afford to go up there and take time out from work - it might have to be a telephone hearing. Muchos gracias J

Hi, Some time ago I had my car repossessed by Blackhorse (Lloyds). I had paid for PPI insurance, but my claim was turned down. After my car was repossessed the PPI company,after a lot of contact, admitted (in writing) they had made a mistake, and would refund my premium plus some interest. The thing was, that my car, that I had already paid 24k on had been repossesed by Blackhorse (who the PPI company had informed that my claim had been rejected). So I need to know if Blackhorse finance needed to obtain a ccj to repossess my car. The value of the car,plus interest was over 35k, which I have been told is not covered by the consumer credit act article 75,but might be under article 75a. If they did need a ccj and a letter to me beforehand but had not bothered, and still repossessed, i'm hoping to get the statute barred set aside to proceed with litigation. I was in France when the car was repossessed, a guy turned up out of the blue, when I asked if there was a ccj present he said that there was a EU-GB agreement that bypassed the need for a ccj. I knew something wasn't right (found out later-no agreement existed), but being new to france, I did not want to get involved with the police etc, and he drove off in the car. Any help appreciated as I'm running out of time The car was repossessed in October 2004, but there was no ccj issued for debt against me as far as I can see (credit checked my credit history in 2013 back to 2007), but Blackhorse did not close the account until 2009. Thanks for reading Dave.

hi everyone im a newbe looking for advice my daughter has received a hearing on 14/8/13 she has been going through a marriage breakup and been in a car accident which has left her with some memory problems and has misunderstood her agreement her arrears are £1500 she has rang the solicitors with a offer but they want the full amount what im thinking is if we put an offer in writing of £500 and the remainder over the term of the mortgage would this prevent her going to court in her present state im worried she may not cope if not could i state in the letter that we would complain to the ombusman to buy us more time any help would be appreciated

Hi guys and gals, Just a quick bit of background info:- Myself, my brother and sister bought our parents house 7 years ago, they have both passed away now and i have been solely paying the mortgage for the last 2 years, until the property is sold as it is up for sale. Am self employed and due to a customer going bust on me in September had arrears on the mortgage of about £6700 (approx 6 missed payments), Just getting back on my feet and managed to pay £3300 last month off the arrears as well as last months morgage payment of approx £1100 leaving about £3400 still in arrears. About 2 days later I got a court summons from Eversheds for a re-possesion hearing at St Helens. I have spoken to Eversheds and advised them of my situation and informed them that the property is up for sale and offered them £1400 now and then an extra £200 a month on top of my mortgage payment for 10 months and after going through my financials they have agreed and will confirm this in writing and present it to the court. My problem is that I am away in Spain for 5 days for a wedding (Best Man) for the court date so cant attend to clarify if this agreement would go down as a CCJ or not, (Eversheds arent sure they are going to look into it!!!) Can anyone advise me would this agreement be recorded as a CCJ ? (As if so it would also penalise my brother and sister,Seems a bit harsh to CCJ 3 people for a 2K debt for a property that is up for sale with approx £60 K of collateral in it .) If this would be recorded as a CCJ then would i be able to get the court case delayed until I am able to attend ? Any help gratefully received and thx in advance Gazbo

I have been an avid reading on this site over the last 2 weeks. I had fell into mortgage arrears with db mortgages (horrific sub prime lender)due to redundancy and buried my head in the sand. my mortgage company would not accept my offer to clear my arrears, and I received an eviction date which was my wake up call. I read up on Ellens repossession guide on here and people who have gone through similar things and I have attended court today, terrified, the judge could not have been nicer and the solicitor from Eversheds acting for DB was terrible, he huffed and puffed that much even the judge asked what was wrong. The judge discussed everything with me and then suspended the warrant for my monthly payment plus £200.00 per month (not the £350.00 I was offering) Just wanted to say thank you to people like Ellen for doing things like this where you can read other peoples situations and get help to assist them.

Hi im hoping someone can help !! im in the process of claiming repossession of my property through the accelerated procedure. section two on the form asks for written tenancy agreement which i have from when the tenancy started. it then says one or more agreements have been entred into which one other agreement was issued of which got destroyed by damp. will this affect my claim for possession .

Hi I have received a repossession hearing date at my local county court due to mortgage arrears. I was made redundant last year and have only now secured employment (due to start next week) which is on the other side of the city. Is there any possibility of the location of the county court hearing to be changed from my local court to one which is much nearer my work. The reason for this is that as I will be newly employed after nearly a year out of work and I don't want to request time off straight away for obvious reasons. If the hearing took place near work I would have a much better chance of reducing the impact on work ie take minimal, if any, time off work. Is there a form or procedure for this or is this location set in stone? The mortgage company said 'their hands were tied' when I asked them if they would consider it I'm grateful for any guidance on this. Many thanks.

Hi Guys, Hoping you can help. I bought a car on finance through a trader (the trader it turned out was not a ethical as he should have been! and no longer as far as I know in business) who arranged the money from Lombard the amount £27k over 5 years. That was Dec 2006, The money was paid into the traders account and he set up the credit agreement. £575 p.m. The credit crunch hit my small business hard in 2008/2009 & I couldn't afford the payments so I told them to collect it that was June 2009. which meant I had the car for 30months when I asked them to take it back. They arrived & took the car back. I wrote to them in July 2009 asking them to let me know what they had sold the car for and how many payments I'd made & I'd make up the shortfall to the £27k borrowed and to please respond in 30 days. They never responded. 2 & half years later I received a letter from the Land Registry stating Lombard wanted to put a charge on my house for £14,450!! and the acting solicitors were Shoosmiths & I was to appear in court 2 July at 3pm to contest it. On advice from a friend I rang Lombard and asked them to send me a copy of the agreement, the copy I received was very poor & some of it not clear. However I rang Lombard and asked for the amounts of monies I had actually paid to them, at first they said £12,450 and they sold the car for £10,500 I said thats only £4050 I owe Lombard and if they unroll back the 30months of interest I won't owe that much, they then refused to speak to me saying to ring Shoosmiths which I did, I asked the same questions about the monies I had repaid they replied £24,800 in all,l I mentioned they sold the car for £10,500 so how can I own them £14,500! I am & have been in financial difficulty since 2009 and have put my debts in debt management. Today 2 july when I was to appear in court with Lombard Shoosmiths rang to say the case had been postponed. I believe there is a law which says I can give back the car half way through the agreement? Also as they never responded to my July 2009 letter can I make a claim for equal liablity?

Hi, I just wondered if anyone had any advice. I had a joint mortgage with my ex-wife, and due to various circumstances beyond my control and after a lot of wrangling and confusion the house was voluntarily repossessed and eventually sold in February this year. Since the letter from a solicitors informing me of this I have had no contact from the mortgage company (Britannia). Given the sale price of £60k and the mortgage/arrears of about £95k I assume this leaves debt of around £35k. Due to my relatively low income level and some other unsecured debts I have no realistic ability to repay this unless its spread over a very long period of time. My ex went bankrupt in February. On my credit reports there is no mention of the debt, only that it is satisfied. Now I am unsure of what to do. I believe the mortgage company has to chase me within 6 years from the sale. Should I contact Britannia? Or assume they will just chase at some point within the next 5 ½ years and therefore just declare bankruptcy now? Or wait and see what happens? Another issue that is playing through my head is that my current car is on its way out and will need replacing soon. As I use it alot I would be looking at spending about £2k on a new one so that it will hopefully last a while, but I’m not sure if this is a good idea if I then go bankrupt as I understand if it’s worth any more than £500 they will tell me to sell it and buy a cheaper one, which would leave me in the same (unreliable) boat. Other than that I have no assets – no savings, no pension, no house (I live with family at the minute), and my car is worth under £500. I am also going to be starting a 3 year part-time course in September which is being paid for by my work, so I suppose this would run together with the 3 year payment term of the bankruptcy. However if there’s any chance of avoiding the bankruptcy it would be incredible, although I’m not expecting much on that front! One further worry for me is that my girlfriend currently lives and studies a couple of hours drive away. We alternate the travel at weekends but if I did end up bankrupt would they allow petrol costs for this? If anyone has any advice I would be very grateful.

Hi I have an expired loan with ge money totalling 2281, I thought it was paid off as it expired in 2010, I have since received a letter from them telling me they are going for an eviction date, I have offered a 500 lump sum and 225 a month but they have refused, they are very rude and unhelpful. Any help appreciated xx:!:

i have eviction date on Friday. I Have got 22k arrears on my properties i was out off work because i was sick, now i am able to return to work and pay my arrears. Proposal to pay the mortgage plus £300 extra to clear the arrears pcm...... Will support documentary evidence of Employment Contract plus Doctors Letter stating that Im now fit to return to work plus ASTs please can some one help me

This is my first post and I am trying to find out what happens to propertys that the Kensington mortgage company repossess.A friend has had their home of 30 plus years repossessed by these people after falling into arrears due to lack of work when his business declined because of the global financial crisis it happened very quickly and they have been evicted. We would like to help them buy it back if possible, I would be grateful for any leads on where to find information on how or where the property goes from here whether it goes to auction or tender and who would handle it. the property is in scotland Thanks in advance arbee

hi all, not sure if im in posting in right place. i recently sent back the keys to my house to mortgage company, last week a friend got in touch to say that the door was open and a locksmith was there. so im taking hes changed the locks does this mean my house has now been repossessed and will that mean i no longer have to pay council tax for that property. thanks.

hi new to forums have read many other peoples unfortunate dealings with firstplus and feel my repossession case might be of interest. I took out a loan with first plus in 2006 and straight away was frustrated with the increase in interest that made my monthly payment difficult, it rose from 9.4% to 11.3 % in four different changes. when changes were made they referred to the finance house base rate. I did receive a decrease in march 2009 to 10.2% but as I was in arrears at that time my payments would remain the same to clear the arrears. recently I was injured at work and had to live on half basic pay but continued to pay firstplus until December , I contacted them to reduce payments was asked to fill an I&E form which I did. the next contact came from eversheds who were asking for my arrears to be cleared , I informed them I could clear them with a back payment from work in april. this was put to firstplus in march, the next letter received was a court date in april for repossession. Eversheds when contacted said they would ask for a suspended possession order in view of my proposal, this angered myself as fees would be added to my account so I refused and told them I would see them in court. a complaint to fos resulted in firstplus contacting me and offering the court fee refund to resolve this. the court papers arrived followed by witness statements from eversheds so I dug out my file of correspondence from firstplus to start compiling my argument about their lack of customer care. the letter from 2009 which confirmed a decrease had not mentioned my new monthly payment at 10.2% contacted firstplus to request this but was shocked when given the same figure that was my overpayment to clear my arrears. on inspection of the court papers which showed my payments/arrears it became apparent that firstplus had not reduced my payments to clear the arrears back in 2009. the figure given to the courts was way above what I actually owed. when questioned again about this and to find out what my monthly payment was firstplus responded with a figure some 35 pounds lower than what they had been requesting each month. I asked for this in writing and wanted to know what was to happen with the court date in april but was advised I would receive a response within 48hrs. the court date is in two days time still no news from firstplus . eversheds when questioned are still waiting a response from their client. I have worked out with the new figure given unofficially, that when court proceedings started my arrears were only 56 pounds. a complaint about my case is being sent to the office of fair trading. interested in any views people may have . thanks for reading

Just in case anyone is interested, and just in case it helps anyone else, last week i got a Section 21 repossession withdrawn on a case i was working on, and to make it more difficult, the party i was supporting was accused of continuous alleged antisocial behaviour. The person (of African origin) was being persecuted, and was on the receiving end of racist accusations from his white neighbours as they did not want 'any of his kind' in the block....(Welcome to 2013 !) All of his neighbours filled out bogus anti social behaviour diaries accusing him of having his tv on loud, having parties, yadda yadda....in order to hound him out of the block. The housing association gave him an ASB diary also to log any hassle from his neighbours, although English isn't his first language. The weight of many ASB diaries, versus his empty diary left the housing association no option but to issue him with a section 21 eviction notice.... I represented in court, and argued that since his first language wasn't English, he couldn't understand the Section 21, or the ASB diary, or more importantly he couldn't read his original tenancy agreement signed over a year ago...,this called into question the validity of the whole tenancy, and the housing association procedure of not ensuring that the tenant understood what he was signing in the first place ! Case was adjourned, and within 24 hours of adjournment the housing association sent him a letter withdrawing the Section 21 on the grounds that the housing association had failed to follow its own anti social behaviour policy ! They then proceeded to give him a new 12 month assure tenancy agreement written exclusively in Lingala (his native language) I guess this argument would also work for poor reading ability, learning difficulties, dyslexia ,etc Earlier this afternoon i also got him out of paying bedroom tax by arguing that his 'box room' hadn't got a window, and as such it was not only a fire hazard (no egress), but also in breach of landlord minimum requirements for a habitable bedroom for rental purposes. The HA agreed, and re-designated the 2 bed into a 1 bed ! The local authority had no choice but to accept it as it formed part of his re-designated tenancy agreement. I hope this stuff helps others out there Regards Prouty99

Hi, I am new to this forum and forums in general so please forgive any lack of etiquette. I am in very serious trouble and have been for years, and will shortly be going bankrupt and making myself homeless in order to get out of it. With what i'm reading and hearing, I may have cases to bring which I've decided to look into before going Bankrupt. I'll try to be as brief as possible. Below is a list of what i have going on and my comments & questions. I appreciate any assistance or advice for any of it. My problems stem from setting up my own business and it subsequently failing in the recession. 1, Mortgage on my home: Spml/Capstone/Ascenden interest only mortgage for 92k taken out in 05. Current outstanding is 97k. Obtained through broker. Late charges throughout the life of the mortgage. Currently in arrears but under agreement and 'safe' for the time being. Could this mortgage be mis-sold?, Are the charges refutable? Is the fact that I have been forced to take buildings insurance with them refutable? 2, 2nd charge on the property with Nemo Finance for 25k 2006. Currently in arrears but under agreement and safe. Charges throughout the life of the loan, current balance still 20k plus. Are secured 25 year loans being scrutinsed for mis-selling? 3, 3rd charge on the property for 25k with Halifax 2006 within 6 months of the above loan. Charges throughout the life of the loan. Same question as above. 4, Santander mortgage on another property taken out in 2004/5. Increased mortgage to 85k. Charges throughout the life of the mortgage. Ran into serious arrears 2011 to 3.5k. Started back in full time employment following the collapse of my business in september 2011. paid Santander 1800 in October and entered agreement. Missed the following 2 months payments due to more pressing debt catch ups with other creditors. House repossessed on the 18th of Jan 2012. Called the head of dept to try and get the repo reversed but was told i would have to settle the entire 85k for that to happen. Advised the woman that the property had been empty for years and that they should have notified me at my home to tell me what was going on. She did not know I had another house and thought she was making homeless. Despite the fact that my Santander bank account is registered at my home address and not at the repo'd house. House was on the market by the end of Jan 2012 for 1 day and was sold for less than half it's value, leaving me with a shortfall of 50k. They are now in pursuit of this money. the whole process from entering agreement, to sale of prop was 3 months. Do I have grounds to sue based on: duty of care to make sure they had actually spoken to me to tell me what was happening, consideration to my change of circumstances i.e. not earning any money until i went back to work in Septemeber, after which I paid them 3 quarters of my 1st months wage. giving me the chance to sell the house for a larger sum, or to a family member so as to not lose (what they thought) was my main residence, allowing the property to sit on the open market and not accepting the first and only offer on it for less than half its value. the property has now had it's refurb (which I had done half of) completed at an estimated 20k and is worth 120k. Santander sold it for 45k. Additional borrowing had PPI attached. 5, HFC personal loan taken out circa 2005 for 7500. current staus is 12500 owing. I paid a company 500 to see if this had been mis-sold which took about a year. They came back and said it was enforcable, but they got my ppi back. Since then i have not recieved any demands for payments but do recieve a yearly statement telling me the balance is 12500. I do not know why they do not chase me for this anymore. 6, Halifax current account, charges totalling at least 6k over the last 10 years. Already put a claim in but was told by them that they were fair and the court case ruled against payouts. Is there any point in attempting to reclaim this money? 7, Santander/Alliance & leicester bank account, Charges througout the life of the account. Apologies for the convoluted way this is written, I am currently putting together a more concise and detailed history of my circumstances in order to submit to somebody that may take up any or all of these cases. I am finding it all a bit overwhelming and want to find out if people think I do have relevant grounds to bring cases. Also, how would I go about this? Does anybody know a good manchester based law firm that deals with this? Please help. My wages don't cover outgoings and I only eat 3 weeks out of every month to maintain my current status. Any help is appreciated and i can go into more detail on any points above if requested. I also would like to know if it is possible to sell the house I live in now for less than it is mortgaged for ( and therefore not covering the 2nd and 3rd charges) as I know from experience that if I hand the keys back, they will simply gice it away and chase me for more shortfall. Best Regards,