Possession Order Help Please

[Givuzagame]

A possession order was granted on my property.

The agreement was to pay £50 off the arrears every month.

However the building society are charging me a £25 per month ADMIN FEE for this.

1. What can I do about the admin fee as it will obviously take twice as long + interest to clear the arrears

2. If I am having trouble paying can I take it back to court for review?

Any advice welcome

Thanks.

[tonycee]

Hi. Sorry about the delay in replying.

Am i right in assuming the repo order is suspended subject to you paying off £50 pcm extra?.

1. The Admin Fee is added to the term of your mortgage, I.E. at the end. So all of the £50 goes towards paying off your arrears.

Lets deal with claiming those charges back later.

2. Yes you can take it back for a review.

If you need any help just ask.

[Givuzagame]

Yes. Maintaining payments plus £50.

The admin fee is being added monthly to my account so looks like little headway on arrears which seems unfair.

Also cannot transfer equity whilst behind in payments.

Rock and hard place job.

How would I go about getting this reviewed please?

[tonycee]

The admin fee, although a pain at the moment, is actually added to the amount you owe over the length of the mortgage.

 

ALL of the £50 extra WILL go directly towards paying off your arrears.

 

The "Fees" can be claimed back at a later stage, see HERE .

 

To go about having a review.

 

You will need to fill in form N244 (Application notice) HERE along with an income and expenditure sheet to show you cant afford the £50 extra.

 

You will then need to take it along to your local court.

 

Any problems, please ask.

[The Watcher]

To go about having a review.

 

You will need to fill in form N244 (Application notice) HERE along with an income and expenditure sheet to show you cant afford the £50 extra.

 

You will then need to take it along to your local court.

 

Any problems, please ask.

 

Is this not extremely dangerous?

 

If the Court decide that you cannot pay the arrears will they not foreclose immediately (possibly?)

[tonycee]

Is this not extremely dangerous?

 

Its a calculated risk. But one worth taking if the alternative is to default anyway.

 

If the Court decide that you cannot pay the arrears will they not foreclose immediately (possibly?)

 

If payments have, and are maintained up to hearing, i dont believe the decision will be anything other than continue as you were.

 

The request will not be to refrain from paying the arrears, simply paying less over a longer period.

 

Of course, i stand to be corrected

[The Watcher]

I can see the logic - however it could be difficult to reduce £50 a month much lower ... and I was under the impression that the arreas were usualy spread over the remaining period of the loan anyway?

[Bona]

They can be If the court says that you have to pay your mortgage payment plus say £50.00 each month and you keep to that and you are not in breach of the court order if they are adding more than that in charges they can only take you back to court they cannot apply for a warrent if you are taken back to court it will not be a breach and any one in that position would be able to contest the charges added to the account my advise it for the time being is to pay the court order and worry about your mortgage going up when things are getting easier at least all the time you are paying the court order your house is safe

[Givuzagame]

Yes. Maintaining payments plus £50.

The admin fee is being added monthly to my account so looks like little headway on arrears which seems unfair.

Also cannot transfer equity whilst behind in payments.

Rock and hard place job.

How would I go about getting this reviewed please?

 

Added: I was maintaining payments sort of according to when I got paid but bank have just cancelled my overdraft which has now eaten the cheque I intended for mortgage...ouch!

Any ideas on how I could sort this?

 

I rechecked my mortgage statements. Although their letter says they are charging £25 per month admin, it is not currently being added to the account.

By the end of term I will certainly look at getting these extortionate charges removed.

[Bona]

Tonycee

can you look at my thread on charges I would value your opinion