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All Monies charge - mortgage?


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I have a problem with Natwest One (really a brand name of the RBS One account). I am facing reposession and need legal help but can't find anyone to help me as all the solicitors I have spoken to say they have no experience of this kind of account.

 

I had a "normal" mortgage account with Natwest for some years but my manager persuaded me to change to a "Natwest One Account" which I did 4 years ago. This is an account where all savings, salary and mortgage go into the same account and it is supposed to save money.

 

To cut a long story short, I wasn';t able to pay my mortgage for some months and they went through the process to reposess the house. The banks solicitors sent me a letter asking me to put forward a proposal to pay off the arrears, which I did, but they also said they would ask for a possession order anyway. I went to court where the judge gave them a possession order and said said that "since this is an all-monies charge he has no powers to order the bank to do anything and can do nothing except grant them the order". This was a shock to me as I was expecting to be able to come to an agreement at the hearing but the judge insisted that this wasn't a normal mortgage account and he could do nothing.

 

On the paperwork sent from the court and even on the bumf they sent me it seems to refer to it all as a mortgage and this is what I reasonably believed I had.

 

I have explained my situation to several solicitors already and they say they haven't any experience with this kind of account and so can't help. Has anyone got any ideas or contacts?

 

If it isn't a mortgage and so I don't have any rights then I wonder if the fact that they charged me thousands in bank charges and this led to this situation can be used as an appeal?

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have you the agreement you signed and the details of the contract there could be several possibiloties even that you have been misold but is the loan must be sercured on your house so i think you neeed to find out about your rights on scured loans apart from that I used a very good contracts barister to give me advice on our mortgage contract

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  • 4 months later...
  • 3 months later...

I am going through the same thing and contacted the mortgage and debt hlepline, as our mortgage is also an RBS one account. They charged us £495 ands sent me to court to be told when i got there that there was nothing they could do. At least you got told before you paid out alot of money. Do not go to the mortgage and debt helpline its a rip off, especially when your already struggling with your mortgage payments!! We are now being evicted on 6th October 2008 and have to private rent for a while. Your best option is the citizens advice bureau who wont charge you and may be able to arrange a new payment plan with rbs.

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I am going through the same thing and contacted the mortgage and debt hlepline, as our mortgage is also an RBS one account. They charged us £495 ands sent me to court to be told when i got there that there was nothing they could do. At least you got told before you paid out alot of money. Do not go to the mortgage and debt helpline its a rip off, especially when your already struggling with your mortgage payments!! We are now being evicted on 6th October 2008 and have to private rent for a while. Your best option is the citizens advice bureau who wont charge you and may be able to arrange a new payment plan with rbs.

 

 

Hey there raven. If you post on the Repossesions forum and start a thred on there you can get ALOT of help on there to defend your repo to give you more time if you like. Trust me they have helped me defend three this year alone.

 

Olives xx

Next Directory £215 NO CCA ***WON***

 

Littlewoods Visa*** WON ***

 

Littlewoods evenmore£496.47 COURT CHARGES£296.84 PPI £575.52

Littlewoods LX £0.00 COURTCHARGES £327.68

Choices for you S.A.R owe £362.02

Additions Direct £1400 NO CCA

 

HUBBY

Bank of Scotland Prefernce account £296

Capital One £300CHARGES£1135 TAKING COURT ACTION

 

also owe big to

Bank Of Scotland £10000 sending cca reqest

British Credit Trust £6000

 

Fighting For Family

MUm,***WON ***Barclays for hardship just need to get the last little bit. Chasing LLOYDS TSB for hardship

Bro, HBOS PPI mis selling ***WON***

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  • 7 months later...

Did anyone involved in all monies charge repo find a specialist solicitor? I am looking for one and finding conflicting advice as to case law. Seemingly there are rights for all monies charges to be treated the same as other mortgages except in the case of overdraft accounts but even then there are rights

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