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  1. Hello, I have never used anything like this before but me and my partner are desperate for some advice. On Friday we received a letter from the bank saying they are taking our case to court to start repossession proceeding due to mortgage arrears. The case is to be heard on November 5th 2014 and we are beside ourselves with worry. Here's the story: My partner took out a mortgage to buy the property we are both living in back in 2005 with his ex parter. They are both on the deeds although she paid nothing towards the deposit (that is another matter) They broke up in 2010 and she moved out with their two children to live with a new partner. Tom (my partner, home-owner) could only afford to stay in the house for a couple of months but as he was living alone and had just lost his job, he started to fall into arrears with the mortgage. His ex partner refused to pay any of the mortgage payments but insisted he still the property. She claimed she was entitled to half of the profits from the sale of the house and that is all she wanted. It was explained to her if the payments weren't made the house would be repossessed any way and she wouldn't have a penny. She still refused to pay my partner moved out and his father moved in as a paying tenant. He lived here for just over a year and Tom was finally able to start repaying the mortgage again. However as he still had no job he couldn't find the money to repay the arrears, so they along with interest kept on building. In 2013 Tom and I had a son together and we considered moving in to this place. At the time is wasn't realistic as he was still out of work and I was technically a single mum on benefits as Tom didn't live with me (he lived with his mum). In march 2013 not long after our son was born Toms ex partner informed him she was going to be moving over 100 miles away with his two children. Tom had no choice but to take this matter to court and over a period of 9 month he worked up a solicitor bill of over £5000. She still refused to repay the mortgage but still insisted that she was entitled to half of the profits if it sold. Again she tried to get her solicitor to make Tom sell the house. This was the last thing Tom wanted to do as the deposit he used to buy the house was from inheritance his late granddad had left him. We made the tough decision to move in here together in Feb 2014. I sold all of my things from my old house, gave the house back to the council and moved in with Tom, our son Charlie and my two other children from a previous relationship. We had come to an arrangement with the debt solicitors working on behalf of the bank to pay the mortgage payments of £410 and £170 extra per month to clear the arrears to make a total of £580 per month. They would not wavier the interest. Tom was still out of work but we were able to claim tax credits as a couple which we worked out would help to pay the mortgage as I was still out of work myself also. For a couple of months we were comfortably paying the mortgage and the extra amount to clear the arrears. However, in late April an opportunity for Tom to open his own shop came about that sounded too good to turn down. All of the equipment was there, the owner only wanted 1 month up front for the rent and we didn't have to pay any rates for the first year. As it is a butchers shop, stock was on week over week finance basis. This is something Tom had always wanted to do and after many long hours going over all the pros and cons he decided to give it a go. We had both tried for so long to get jobs as employees this seemed the only way to make money. We opened the shop in May 2014. although it is doing well, it still is not turning a profit. Some months we had to use money we didn't have to pay the shop rent or utility bills which set us back again with the mortgage payments. Last month we had lots of extra expenses such as school clothes for my two children, the school lunches money, swimming lessons and guitar lessons to pay for for the start of September. We have now fallen be-hide again. With Christmas just around the corner we have big concerns over how we are going to manage to pay anything. With Tom and I not earning from the shop, I am unable to take a second job due to child care issues and not being able to drive - the only money we have coming in is our tax credits and child benefit. We are literally living day to day as it is. We have no luxuries, we don't drink or smoke, we have cut down our food substantially, we never go out, we never buy new things and the children never get treats or new clothes or shoes. We are in desperate financial strains and this repossession order is the last thing we need. The letter states we now have nearly £4000 worth of arrears and they want it all paid or to come to a reasonable arrangement to re pay it before the court date of November 5th. There is no way we can find that sort of money and we have no one to ask for help. None of our parents have any savings at all, we have nothing we can sell and because we do not claim income support or job seekers allowance we aren't entitled to government help either. Toms ex partner still has nothing to do with us and still refuses to pay anything towards the repayments (she still says she owns half the house though) She did in the end move 100 miles away and so all her debt letters come to our address as they do not have her new one. They have both been sent the letters about the court date, notice of possession order and also a letter from HMRC (I think) about filling out an income/out goings and proposal for repayments but obviously we have hers. We haven't told her about these letters yet or that we have to go to court but even if we did she wouldn't pay a penny as she wants it sold any way. I know that I am classed as an entitled resident as I am Toms partner and we live together and this mine and my children only home therefore I will go to court with him, but what will happen if he's ex doesn't show up? We will be emailing her today to inform her of the actions being taken, but we know she'll want nothing to do with it. Please help us, we have no idea what to do to help us keep our home, we have no where else to go. Is there anything we can do to stand a chance of this not going to court? Or anything we can do to try to keep our home? Tom is intending to talk with the debt solicitors working on behalf of the bank today to try to come to some sort of arrangement but we have no idea what our rights are, what suggestions we should make or anything that might help us. He doesn't have any PPI protection and will not be able to take a repayment holiday. With the amount of CCJS against him he has a terrible credit history and will not under any circumstances be able to get a loan for the money to pay off the arrears. Please help us.
  2. Whilst researching my fight against a GE Money eviction (a successful fight for me) I came across reference to reclaiming unfair arrears charges. On looking thro my mortgage statements I have found that GE Money have been hitting me for 1) Admin fees £40 2) Default Notice Charges £30 3) Debt Counselling Fees £48 & £88 4) Solicitors Fees total £480 5) Additional interest varies every month They say items 1-4 are all interest bearing so I presume the additional interest they are charging is on these items. Goodness knows what interest rate they are charging, The interest bearing fees total £2450 and the additional interest is £1750. Am I right in thinking I can ask for a refund of all these items? Another thing, they add on these fees every month, and every 3 months they write to me to say my monthly payment has been re-calculated and gone up, usually by about £5 are they right and being fair doing this? If these charges are unfair and illegal surely my monthly payment should be re-set back to what it was before they started this 3-monthly increase. Finally, if I am successful in reclaiming the fees they have charged so far, will they stop charging them in the future or do I have to take further action to get that done? Thanks for all the advice i've received in the past on here, and any I get in the future.
  3. In 2008 I had a run of bad luck, firstly I lost my well paid job and had to take a much lower paid job and then I became poorly and was unable to work so only got paid SSP. Long story short I defaulted on my mortgage and my house was repossessed at age 27. I moved to rented accommodation and waited to hear from Northern Rock about my situation. They never contacted me so when I moved again I sent them a letter with my new address details and asked them what was happening with my defaulted mortgage. They still didn't write back to me. A lawyer friend advised me that they had probably written off the debt and claimed against their insurance and wouldn't pursue me so I just left it at that. Yesterday I decided to check my credit report because my husband and I want to buy a house later this year and it turns out I have a CCJ against me for just over 10k. My actual mortgage shortfall was about £88k and is showing as a satisfied debt on my credit report but when I took out my mortgage (as a young and silly girl pre housing market collapse) they gave me a 125% deal with £10k ish as a loan. I'm assuming this is what the CCJ is for but this £10k isn't showing as an outstanding debt on my credit report. There is however a second NR debt, called 'loan from NR' showing as £88k and as settled - it is so confusing! NR did recently write to me at my current address to let me know that they may have missold me PPI and that I could claim against them (which I'm not!) so I know that they have my correct details. Could it be that they show the whole debt amount on both entries on my credit report but only applied for a CCJ against the loan part? If so then why is it showing as settled? Also, why haven't they pursued me for the debt but have a CCJ against me? Sorry for all the questions but I'm super confused by the whole thing! As I never received any letters or phone calls about this debt/CCJ is there anything I can do about it? It runs out in about 18 months so when it comes off is that my slate wiped clean with NR or are they still able to pursue me for the debt?
  4. Can someone tell me the steps by which mortgage arrears formally become a default? Not so hypothetical situation - 6 months of arrears followed by sale of the house with full redemption of the joint mortgage. At what point, and in what format, would any Default have been issued or recorded? (It appears on the credit record as Settled but also Default.) I'm trying to determine whether the default was correctly issued/recorded and who/how I should have been informed, given that I was not living there at the time. Please note that I am not trying to determine blame for non-payment of the mortgage, that is without question - simply the legalities of the default.
  5. Hi everyone, My wife and I separated last year. We have a mortgage in joint names for a property that neither of us now live in, with Platform Home Loans. The property is empty. Because we both now live completely separate lives in new accommodation (rented) neither of us can afford to pay the mortgage in full. We don't want to keep the house, we just want rid. The house has been up for sale since early Dec 2012. We did get into some hefty arrears before we split, and Platform have a suspended court order over the house. Platform are threatening to activate the court order and repossess the house even though they have proof that it's on the market. One of the options we have considered is handing the keys back to Platform so that they have control of the house. Is this a good option? What other options might be available at this point? In some respects neither of us are bothered about repossession, but the costs look horrific. Grateful for any advice. Many thanks, Norfolkboy
  6. hi everyone ............ i am writing after reading some of forums and seeing the excellent advice offered i have tried some of the normal advice streams credit councelling and CAB etc they are ok in that they give you the leaflets and standard replies but this doesn't help ok i will try to explain my problem best i can i am self employed in january 2010 i lost my main contract this made things difficult and income fell significantly. i had outstanding income and some savings i manged to keep up some work which gave a small income bearly enough to live day to day let alone survive and pay bills. . i managed to keep going although had numerous arrears building up on utility bills etc, i muddled through paying who shouted loudest or threatened action until may 2011 then i just had to little income and missed a mortgage payment ( having maintained them until this time) . in may and june 2011 i made no payment at all in early july 2011 i made a minimal payment of £160 to keep me below one months in arrears while i discussed way forward with mortgage company. . i agreed during this time to pay the interest only portion of payment. which i did for july and august 2011 in september a period of 6 months interest only was agreed plus £30 per month towards arrears this agreement i kept to until february 2012. . i then recieved notification that full payments were to resume from march payment date 2012. i phoned straight away to tell them i could not afford to pay the full payments they said i would have to fill out an income expenditure form and send it to them. this i did and made the same payment for march as i had for previous months the interest payment plus £30. . in march 2012 i recieved telephone call telling me that my income expenditure showed i could not afford the payments and that i would have to complete a new income expenditure over the telephone and an appointment for this was made, i was told that they would possibly consider extending the term of the mortgage for more years thus lowering the payments due. i asked what this reduced payment would be and was told that they would not tell me until after it was agreed. . i completed the telephone income expenditure call and then a few days later recieved a call telling me that a copy of my utility bills and bank statement would be needed in order to present all my details for a decision. i was also advised that i should stop all payments to non secured in order to increase amount available for mortgage. this i did i wrote to all other credtors and explained and offered minimal monthly payment and they all reluctantly agreed. . i worked out (with help of online calculator) what the payment would be if the term was extended and arrears were capitalised i increased monthly payment in april 2012 to what this payment would be this increased payment has been paid for may 2012 as well. . in april i recieved phone call telling me that my income and expenditure showed insufficent funds to finance an extended term. i explained that i had revised payments being made to non secured debts thus increasing funds that could and would be used to pay mortgage. after a somewhat stressful and heated call i was getting nowhere and seemed to be getting a brick wall response if you fail to maintain full payments the society will be forced to take further action. when asked what action reply was your home is at risk if you fail to keep up payments on it . again brick wall response hardly helpful. . so i ended call and straight away wrote to them asking that they consider extending the term and adding the arrears to capital sum owed. i recieved a telephone call asking me to provide income expenditure to show how i could meet payments, which i provided this was updated to show that i had reduced payments to all unsecured debts to a minimum i had cancelled sky tv and all non esential out goings it also showed a that i coud make the payments within my means if they extended term and capitalised arrears. . i recieved a phone call again brick wall type call not helpful and basically saying you application to have term extended has been declined and you have to make full payments and an arrangement to clear arrears ........ derr !! you have income expenditure i cant make the payments. then it will be passed to out legal department for action. came reply. i was again getting heated and stressed so ended call but asked for confirmation in writing. . i recieved letter dated 22 may 2012 saying as we discussed the society is unable to offer assitance regarding extending the term of your mortgage. the information you provided in the financial statement deems your mortgage payment unaffordable for you at this time. the society has reviewed both your income and expenditure currently this shows a deficit... when reviewing extending the term we work out future payments at your current interest rate and an increased interest rate to allow us to take account of potential increases and your abilty to pay. we suggest you seek independant advice etc etc. any further question please contact me on telephone number above .. . this is last contact i have made but have made payments as i estimated they would be on extended term and will continue to make them. . ok some details on mortgage . mortgage balance £48,200 . property value £110,000 . term of mortgage 15 years with 7 years 6 months remaing current arrears £2052.71 current expected payment monthly £644.27 crrent payment being made £375.00 Thank You for taking time to read and hopefully someone has some words of wisdom
  7. Hi, I'm experienced in dealing with DCA's with regard to credit cards but I now have a problem with natwest mortgages. I believed myself to be three months in arrears (of which I paid one month on Friday sent by recorded post BTW). the reason I'm in arrears is not a lack of affordability under normal circumstances but the property in question is tenanted and I have had a succession of very unfortunate events happen inclusing collapsed ceilings, burst boilers, faulty electrics, dead dishwasher not to mention two months void. This has led to a very tight financial situation as you can imagine. I run my own business and foresee being able to put this right soomer rather than later and in fact am lookign to sell the property to the current tenant who wants to buy. I received a letter from shoosmiths this morning saying that I must pay all arrears by 23rd March and every subsewuent month must be on time or they are instructed to commence court proceedings. It turns out from the figures they are quoting I am 5 months in arrears (not counting the payment made on Friday) I cannot afford to pay this amount as it stands and I am late in paying my mtge every month because the tenants rent does not come in until the 7th of the month and my mtge is due at the end of the previous month of course My question is this...... How do I approach Shoosmiths on this - I am very used to the beligerent and frankly dismissive way that normal DCA's act - is this going to be the same experience. Is there any point in expalingin all this and askign for more time to pay or will I have to jump through hoops I&E etc (there's no need for this as I say in normal circumstances I'm fine. After nearly 3 years of dealing with credit cards I thought I was hardened but this has knocked me as I know these are not empty threats - I just need to know what my best course of action could be. Really appreciate any thoughts. Thanks GIB
  8. Hi Everyone I have had a mortgage for what seems a lifetime with the Halifax (1985/86). This was on an endowment basis. I have subsequently transferred to a repayment tracker mortgage before the proverbial hit the fan. Over the years i have successfully staved of one repossession order, but i have another for which i have made an arrangement for. I have decided to try and get back the various charges that have been levied on my account, and I have just recieved the DSAR information from Halifax (3inch thick pack). Question. How far can I go back? I have noticed that way back 2007 i was paying repayment insurance, Is this the same as PPI? (i was self employed then) Peter
  9. 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
  10. Thanks you in advance for your time taken considering my difficulty and your help. I am currently £10,000 in arrears with my mortgage of £299,995 and have been unable to make payments now for 3 months (£1400 approx monthly). The majority of the arrears were accrued in 2009 and since then I have had an arrangement to pay interest only which i have kept to until 3 months ago. My job lost it's funding last August 2010 and since then I have been working on a self employed basis and also selling most of what I owned to keep up to date with the agreement however, my father suddenly became ill earlier in the year and my mother was unable to care for him due to disability so I chose to step up and as a consequence my earnings have been almost zero for the past few months. I have been in regular contact with NRAM and asked them to allow me to pay only £500 for a few months until I get back on my feet however they point blank refuse and have said they will continue with legal action unless I pay the full £10 000 and also make full payments to the mortgage. I understand their position, they want to get what we agreed! I have 2 children (the youngest is 2 years old) and I have no idea of how to deal with this situation? I have had the house valued and if I sell it will just clear the mortgage, I am prepared to do that however, i am concerned that I will put it on the market and NRAM will repossess anyway, does anyone know if they will negotiate on that point please? I will be grateful for all helpful suggestions and advice and thank you again for your time and help.
  11. I was wondering if anyone could tell me where I stand. A repossession order was served against my property and suspended in July 2008. In November 2010 I cleared all the arrears, since then I have fallen into arrears again and the company is saying they are going to implement the order from 2008. I thought that order was no longer valid as I had settled the debt it related to. I did try talking to their representation today, but to be honest although they told me they could still enforce the order, it was more of a I believe / I think kind of response as opposed to the normal you are wrong one. Thank you for your time in reading and answering
  12. Dear All, I am sorry to ask for help and guidance but i need assistance urgently. In March 2007, Halifax obtained a suspended possession order against me. I made the agreed payments and about a year later they capitalised the arrears. In September last year my left me without any warning leaving me with our disabled daughter. 60% of the household income gone in a flash. I spoke to my lender and it was agreed that i pay £50 per month until tax credits etc were sorted out. Tax credits etc eventually sorted out in January this year but by the time I had paid the Gas/Electricity bills and paid the money back that i had borrowed from people I had nothing left to pay off the arrears. I made my last payment of £50 to Halifax in January, Since that time, my childs condition has worsened and quite simply i have spent all my time and energy on her[i survive on 4 hours sleep]. I know that this is not a valid excuse - merely an explanation. I am exhausted and presently i am off work with a stress related illness. I have ignored the telephone/letters from my lender and even the 'home visit'. i have now received the 15 day legal action letter which runs out next Thursday. I worked out my finances and can afford to pay the monthly payment plus £50 [£350]. I was going to make this payment at my local branch tomorrow. I really am not well enough to speak to them so I was intending to write to the lender making the above offer and explaiing my present position. The arrears amount to £2300 - the mortgage is in my sole name. I have calculated that I am owed in the region of £2000 from DWP and gave them my bank details 3 weeks ago but when i will be paid this is anyones guess. Halifax can have this when i get it. Can anybody tell me what is going to happen or what i should do? I am desperate and at the end of my tether. Thank for your help
  13. I am currently running a claim on behalf of my brother from Barclays now Woolwich mortgages for charges of £40per month for arrears admin charges. Barclays have issued him with their final response with a resounding no so taking it to court, I am unsure how restitution would be calculated on the claim and appreciate any help cheers
  14. I was forced to sell my house due to charges and ridiculous interest rates being charged by Bear Stearns. That was in 2001 and I would like to bring a case against them and recover the money, however I don't know if I can do this because of the 6 year rule. Also, I don't live in the UK any more and would need a solicitor to take action on my behalf. So if it is possible to make a claim can anyone recommend a good solicitor.
  15. I am a carer looking after a 60 year old lady with serious primary & secondary cancer. She has recently undergone chemo & a number of major surgical procedures. She is a person of note in her community (MBE etc) who was self employed & whose income paid for her £965,000 mortgage. Since developing the cancer she has become unable to work. Unfortunately, due to a mess up, she did not have mortgage protection or appropriate health insurance. She has only been able to make payments of about 25% of the monthly interest payments due and, as you would expect, the bank have become increasingly persistent in pursuing her for payments. This has resulted in aggressive phone calls throughout the 10 weeks she was in hospital & now that she is home they are unrelenting. It has been the family house for 60 years and she wants to keep it if at all possible. When she is well again she should have no problem making the payments. Meanwhile I can see that the whole issue is having devastating effects on her potential recovery. She will soon be embarking upon another course of chemo which is very debilitating. She has had the property valued by 3 valuers/estate agents all of whom put a current value on the property significantly lower than the mortgage. Each time she communicates with the bank it seems that they are quite unaware of the circumstances despite being told each time & having received letters from me, surgeons and the Macmillan cancer charity. The bank has just said that they are now referring the matter to their solicitors to begin litigation. Can you suggest any action that I or she might take to prevent the bank from proceeding with litigation & forcing repossession.
  16. Hi, My friend, yes not me honest! has just recieved a 28 possession order yesterday. He is beside himself with worry and has suffered a serious breakdown before, which is why i writing on his behalf, also im not new to this so can help as well. He went to court, told him to get there early as mediation or a"chat" with the other side is usually possible, he offered the contractual payment plus £100 per month, he is currently unemployed as was also made bankrupt which meant he couldnt find any work in his field which is mortgages ironically. He was unemployed for a while and was getting DWP mortgage relief and has told he will get that again in April which will cover most of the contractual interest only payment. What can he do? he has a partner and 2 kids, and the arrears are about £18k. The other side didnt reach an agreement and asked for either a 28 or 56 day possession order and the judge gave a 28 day one. Please advise on what to do next, and any other info needed to help answer this one. Many thanks in advance Excel
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