marianna's thread - loan/mortgage issue

[marianna]

URGENT LEGAL MATTER - LINK.

Hi, I was a NatWest customer until they shut the doors on me after they forgot to pay a loan off, once I had re-mortgage and consolidated everything. I got to hear about it a year later when the loan company contacted me asking was there a reason why I had missed 3 payments?

I thought the loan had been paid? I arranged to re – mortgaging, however until this had gone through I was advised to get a loan out, and when the new mortgage agreement was completed this would pay off the outstanding loan. To apply for loan a telephone call had to be put through to the loan company for them to accept. . I was informed that the loan would be paid off immediately once the re-mortgage had gone through. I voice my concerns about the payments, as I am unable to afford them. I was assured that the existing loan would be paid off and that I would have money left over to do anything with the house. I now stand to owe the sum of and have court judgements against me. As I have been ill advised by the CAB, phoneline debt line and a debt agency. I asked that I be requested a hearing. The information I got told has cost me dearly, it seems I have admitted to owing the said outstanding amount and was not granted a hearing??? No matters what I did I seem to be damned. I am begging that you help me, having never been in a situation of this kind before. Many thanks Marianna

[alanfromderby]

I have moved this to your own thread, as it will ensure that more people see it.

 

Can you confirm what stage this is at - have any court papers been issued?

 

Also, have you got the original agreements/documents etc?

[marianna]

Thank you for replying quick. (please excuse me for being thick) It has gone through the courts, I got papers telling me they have registering charging order and not to reply. I have got the agreement, document of loan. Marianna

[alanfromderby]

Have they got the full charging order, or is it at the interim stage?

 

How long ago was it that judgement was granted, and did you attend the hearing?

 

In order to get a CCJ set aside you need to really do it within 3/4 months or the court will say it is too late, and generally it needs to have been granted in your absence.

 

The only other recourse is to go through the Financial Ombudsman Service. They approach things in a different way to the courts, and tend to look at the whole situation and whether the company have acted in a fair and proper manner.

[marianna]

Hi, I believe they now have full charging order, as for you second question I haven't got a clue! The hearing was done in Telford miles away from me and ``no'' I didn't attend. I sent a letter asking that I be at the hearing, but it seem The paper I wrote the letter on wasn't good enough as I have since been informed I should of wrote out a form requesting a hearing?? The phone debtline company who have been advising me of what to do, have been instructing me step by step. Again I was advise not to go to the ombudsman as as they not help me. All I can say is think the worse of my case and that will be right.

[alanfromderby]

I am very concerned that the National DebtLine would advise against going to the Financial Ombudsman Service as your situation seems to be exactly what they were set up to deal with.

 

My advice would be to give the FOS a ring on 020 7964 0766, I would also suggest contacting the county court where the case was dealt with, to find out when judgement was entered, and then give consideration to applying for a set-aside.