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Hi, About 13 years ago, we took out a Foundations Mortgage with Natwest (Thats an intrerest only cheque book type mortgage). 6 Years ago, when my business got into difficulties, I got behind on monthly interest payments, and (because my eye was not on that particular ball), went into default on the mortgage. Since then, our payment history has been eratic due to customers not paying us. Natwest has on two occassions applied to the courts for repossession, and on each occassion I have managed to clear the arrears completely before the hearing. upon which Natwest applied for and was granted a stay with 'indefinite leave to restore'. My questions for you caggers are: a) Six years on, the mortgage remains 'In Default', there is nothing in the mortgage agreement that covers coming 'Out of Default', if i'm making my regular payments now, will NatWest EVER be forced to accept the mortgage is nolonger in default? Is there law that covers this? b) 'Indefinate leave to restore' seems harsh (on the courts part) is there anything I can do about that? c) During the 6 years, though we have never been to court (2 stayed hearings), Natwest I estimate have tagged on about £4000 of legal fees without detail or justification. I've asked them to provide that detail verbally, they have failed to do so. I'm going to ask them in writing, and if they still fail, demand they remove them altogether (under banking code of conduct), does anyone have experience of fighting these kind of charges? Many thanks in advance for your help...
Hi, in a similar vein to my recent post on my Foundations Mortgage, about 6 years ago when my business got into difficulty, Natwest took out a CCJ against my wife on our joint 'Advantage Premier' account overdraft of about £9000.00. Shortly after they managed to get a charge for the CCJ against our house. Since then we get the occassional template letter from shoosmiths asking we start making payments, but have largely ignored. However, whilst revisiting all our financial affars recently we decided to look at what kind of bank charges we had incurred on that account that could be challenged, and just going back six years before the default, we have a total of over £12,000!! Now I understand that as a 'Claimant' bank charges are not easy to get back. BUT in this case I would like to use the charges as a DEFENSE and see if we can get the CCJ and Charging Order set aside, since the potentially unlawfull charges exceed the amount of the CCJ. It's been just over 6 years since the CCJ (It's now dropped off CRA's), so it's really the charging order i'm targeting. Do you Caggers have an opinion on my likelyhood of success? or alternate paths to getting the charge on house set aside? Many thanks in advance.