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House Repossession


madjenny1
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Does ayone know how many months you need to be in arrears legally for a bank to start proceeding...I ask cause I am not quite 2 months (£374.00 a months and arrears of £703.00) behind now and I have received some threatening letters saying if I dont pay the outstanding arrears they are going to start them. The strange things is, I was at one point £1900 in arrears and have worked hard to get this down to the above amount, which they accepted and now I am nearly at the goal they threaten this if I dont clear all the arrears in 14 days. Any advice anyone. :)

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Hi there, it's probably one of their computer generated letters which is triggered because you are just over 1 month in arrears. Who is your lender?

 

Kind Regards

 

Ell-enn

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The lender is Barclays. I must say they are not that bad to deal with, they normally expect my offers, although they are very snotty, I hate calling them, I always feel like they are looking down on me. thanks for the advice Ell-enn.

Edited by madjenny1
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Hi, don't feel intimiadated by them - as you say, you have worked hard to get the arrears down and kept ot your agreement. Perhaps a short letter to them reminding them that you have kept to the payment arrangement they agreed with you and quoting that their action is contrary to the Civil Justice Council Consultation Paper – Mortgage Arrears Protocolwhich lenders are supposed to adhere to. Send your letter by recorded delivery and keep the receipt with a copy of your letter. You should then receive an apology:). If you need help with the letter let me know.

Kind Regards

Ell-enn

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Thank you for your advice Ell-enn...I did send a letter to barlcays, stating the points we talked about. Today I received a letter back saying in order to help you with this matter, we have arranged for our debt conselling agents to visit you at home to discuss your present finacial circumstances. The charge for this service is £82.25 which willl be debited to your mortgage account???..omg what, as of today my arrears is £668, so anyone can clearly see it coming down, now that have charged me this amount, putting the arrears up for a service I dont require!...Is there anything i can do about this?..could you possible help me write a letter saying I dont want this service and certaintly dont want to pay for it, causing me to be in more debt, as I am sorting things...tks..:)

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We had our mortgage with the Halifax, now paid off thankfully!:)

 

We had stages of going into arrears, had to say they were very sympathetic, but at one time I had a card from them telling me they were sending a Debt Councillor, when we had been managing the arrears quite well. I contacted them immediately, and told them I did not want advise from a Debt Councillor, they backed off straight away!

 

My advise would be, phone them and tell them, NO THANKS!!!:D

L/Woods B/Card/Cabot - Unenforceable CCA, SD Issued *WON+COSTS*

Capital One/Cabot - No CCA account irrecoverable.

Citi/DLC Hillesden - No CCA account irrecoverable

MBNA/Aegis - Unenforceable CCA

B/Card/HFO - Unenforceable CCA

Fashion World - No CCA account irrecoverable

TRUECALL IS A GODSEND!!

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Write back to them straight away (by recorded delivery again), telling them that you have not asked for any help with debt management, you do not want a visit from their recommended advisor and you will not be paying for a visit you neither need nor want. Tell them you will get (or are receiving) advice from the Citizens Advice Bureau where you will be taking their letter !!

 

If you need any help with the letter let me know

 

Kind Regards

 

Ell-enn

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  • 4 weeks later...

Hi its me again..:(...I did as you suggested Ell-enn in your last post. In the mean time, I received a letter from the solicitors involved saying as my arrears are within normal repayment limits, they will not be dealing with me anymore and all equires now regarding my account, should be direct with the mortagage company..woohoo only £550 of arrears to go now..(surely this is proof, I am doing all I can??) However today I have received a letter from the mort company, saying they have debited my account with £82.50 and their counsilling agents would be in touch to make a suitable appointment time????...what now?..I have told them I dont want this!..I am trying to clear arrears asap and am, yet they are adding this when i dont want it or need it?...pls help not sure what to do now...tks..:)

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Don't they make you mad :mad:

 

Did you send your letter by recorded delivery? Write again (bu special delivery this time) enclosing a copy of the letter you originally sent together with the print off of the receipt for their signing for it from the royal mail website. Tell them in no uncertain terms that you will not be paying for a service you neither need nor want as your arrears are reducing in line with the payment plan you gave them. Finish your letter by saying if they do not remove the charge then you will report them to the FSA, OFT, Council of Mortgage Lenders etc etc.

 

Ell-enn

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Yes they do make me so mad..:mad:..I feel like they want me to get into more debt so they can just piling on the charges..grrr....thanks once again for your advice Ell-enn, I will get straight onto it again and let you know when i hear from them again...have a great weekend...:)

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Sent my letter off today. While I was out today, someone called at my home, leaving a letter asking me to call them from the counsilling service??.I wasnt going to call, them but the guy on the letter stated he would kept calling at my home until I did!!!.So I called him and explained everything, including that the banks lawyers had closed my file as arrears were low and that I was on a payment plan with bank and thus didnt need his service of £82.50. He said bascially he wasnt asked to come and visit me on a fee paying counsilling service, yet more to collect the debt (arrears)???.He said he had to come? I explained "no" as I was sorting it out myself, and have sort advice. He insisted, I said whats the point? I am paying etc etc and I didnt want to be charged, he tried to assure me I wouldnt be. I stuck to my guns and eventually he said he wont visit me for now but will contact my Mortgage for further advice then contact me again. I am not at my wits ends, what should I do now?..Pls help, I know he will keep trying to come back and dont you think it seems funny he is saying I wont be charged, when i already have, I know if I agree to meet him I wont get a refund of my money...:(

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Hi, was there an address on his card? or fax number? If so you need to write to him by recorded delivery (or even better send a fax) with this letter:

 

Dear Sir,

 

I refer to our telephone conversation of (date) and I am writing to confirm our discussion viz: I have written to (name of mortgage co) advising them that I have no need of their counselling service and I do not wish you to call at my home.

 

OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you to visit me at my property and if you persist in calling at my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and continuing to visit me nevertheless.

 

A copy of this letter has been sent to (mortgage lender).

 

Yours faithfully,

 

Kind Regards

 

Ell-enn

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