Wave/Ex GMAC Mortgage eviction help

[wellmeantadvice]

Hi Olive,

 

No offence taken at all

 

I am fully aware that some (not all) lenders do continue to charge these account management fees (and also that it is not normally mentioned in court- but when it is, judges tend to agree that they should not be). That was precisely why I suggested that they should not be payable & that if they continue to charge them that part can be challenged (as they are no longer justified fees reflecting their costs, but effectively become penalty fees, which are not permitted).

 

The other costs, however, one is indeed stuck with, as they are contractual (unless, of course, a hearing needs to be adjourned entirely due to the gross incompetence of the Claimant, in which case the judge may disallow the costs for that hearing).

[wellmeantadvice]

Hi Olive,

 

No offence taken at all

 

I am fully aware that some (not all) lenders do continue to charge these account management fees (and also that it is not normally mentioned in court- but when it is, judges tend to agree that they should not be). That was precisely why I suggested that they should not be payable & that if they continue to charge them that part can be challenged (as they are no longer justified fees reflecting their costs, but effectively become penalty fees, which are not permitted).

 

The other costs, however, one is indeed stuck with, as they are contractual (unless, of course, a hearing needs to be adjourned entirely due to the gross incompetence of the Claimant, in which case the judge may disallow the costs for that hearing).

[OLIVE.FAMILY]

I believe it is mainly just sub prime lenders that charge this fee and yes you are right it is as far as I am concerned a penalty. My judge said that i had to remortgage to escape them as he could not do anything, but that it anouther story.

 

Biddy what I suggest is that you look on your monthly statements that you have been getting, as you have been behind for a while. They should be shown on there if they are charging you

 

olives xx

[OLIVE.FAMILY]

I believe it is mainly just sub prime lenders that charge this fee and yes you are right it is as far as I am concerned a penalty. My judge said that i had to remortgage to escape them as he could not do anything, but that it anouther story.

 

Biddy what I suggest is that you look on your monthly statements that you have been getting, as you have been behind for a while. They should be shown on there if they are charging you

 

olives xx

[biddy65]

hi,just had the letter today from the court it states on there that payment should be made by the 28 th which we explained we couldn't do we have made the weekly payments from when we went to court and they haven't returned them but this doesn't cover the full amount they supposed to get,did explain to the judge that we were going to pay weekly but he hasn't taken this in to consideration have contact the lender but had no response only got three days to find the rest. where do we stand if we have made payments but not the full amount?

[biddy65]

hi,just had the letter today from the court it states on there that payment should be made by the 28 th which we explained we couldn't do we have made the weekly payments from when we went to court and they haven't returned them but this doesn't cover the full amount they supposed to get,did explain to the judge that we were going to pay weekly but he hasn't taken this in to consideration have contact the lender but had no response only got three days to find the rest. where do we stand if we have made payments but not the full amount?

[cat100]

Does it say anything about weekly payments? Also if your original agreement was for the 1st of the month why was it changed to the 28th.

Judge's don't nomally alter the contract date.I wouldn't worry too much as long as your payment is only a few days late,with the new government guidelines you will be ok as you are paying the agreed amount abiet a few days late.

[cat100]

Does it say anything about weekly payments? Also if your original agreement was for the 1st of the month why was it changed to the 28th.

Judge's don't nomally alter the contract date.I wouldn't worry too much as long as your payment is only a few days late,with the new government guidelines you will be ok as you are paying the agreed amount abiet a few days late.

[Ell-enn]

Hi Biddy, it will depend on whether the order says first payment by 28th October or payment by 28th of the month - which does the order say?

[Ell-enn]

Hi Biddy, it will depend on whether the order says first payment by 28th October or payment by 28th of the month - which does the order say?

[biddy65]

upon payment of the current mortgage instalment as due plus £200 per calendar month.the first payment to be made on or before 28th october 2008.

[biddy65]

upon payment of the current mortgage instalment as due plus £200 per calendar month.the first payment to be made on or before 28th october 2008.

[wellmeantadvice]

As far as the order is concerned, if you don't make a payment of the full mortgage instalment plus £200 by 28 October, you will be in breach of the order, and the mortgage company can apply for a warrant for eviction.

 

In practice that is probably unlikely, but not impossible. If they do obtain an eviction date, you can apply to the court to have that suspended- and if you can show that you have been making weekly payments, you may have a reasonable prospect of success. HOWEVER, each time the matter goes back to court will weaken your prospects of success, and, because you are in breach of the order, the mortgage company will be entitled to add their legal costs for that hearing to your account- so it will cost you as well.

 

If you have been making weekly payments, that should already go towards reducing what you still have to pay by Tuesday- is there any way in which you can get hold of funds to meet the shortfall?

 

The court can't change the contractual due date, but the court can set a date for a first payment. There might be an argument (although a fairly weak one), that you should be fine provided that you pay the additional amount ordered by the court by the 28th, and the full amount of the mortgage instalment by the 1st (i.e. the £200 would be the 1st payment, made by 28 October, and the mortgage instalment as if falls due, i.e. by the 1st). Several mortgage companies ask for payments to be made by the 28th, so that the funds clear & reach their accounts by the 1st. Although, to be honest, I would be very surprised if they issued a warrant if the funds are paid in by the 1st. That said, I suspect if you can't make payment by Tuesday, the additional 4 days that payment by the 1st would give you probably won't make much difference.

[wellmeantadvice]

As far as the order is concerned, if you don't make a payment of the full mortgage instalment plus £200 by 28 October, you will be in breach of the order, and the mortgage company can apply for a warrant for eviction.

 

In practice that is probably unlikely, but not impossible. If they do obtain an eviction date, you can apply to the court to have that suspended- and if you can show that you have been making weekly payments, you may have a reasonable prospect of success. HOWEVER, each time the matter goes back to court will weaken your prospects of success, and, because you are in breach of the order, the mortgage company will be entitled to add their legal costs for that hearing to your account- so it will cost you as well.

 

If you have been making weekly payments, that should already go towards reducing what you still have to pay by Tuesday- is there any way in which you can get hold of funds to meet the shortfall?

 

The court can't change the contractual due date, but the court can set a date for a first payment. There might be an argument (although a fairly weak one), that you should be fine provided that you pay the additional amount ordered by the court by the 28th, and the full amount of the mortgage instalment by the 1st (i.e. the £200 would be the 1st payment, made by 28 October, and the mortgage instalment as if falls due, i.e. by the 1st). Several mortgage companies ask for payments to be made by the 28th, so that the funds clear & reach their accounts by the 1st. Although, to be honest, I would be very surprised if they issued a warrant if the funds are paid in by the 1st. That said, I suspect if you can't make payment by Tuesday, the additional 4 days that payment by the 1st would give you probably won't make much difference.

[biddy65]

have been paying weekly so are about 300 short for the 28 which would be paid by the friday of this week,had no response from lender about paying weekly but they havent returned the payments.

[biddy65]

have been paying weekly so are about 300 short for the 28 which would be paid by the friday of this week,had no response from lender about paying weekly but they havent returned the payments.

[Ell-enn]

Hi there, how are you making the payments - is it by phone?

[Ell-enn]

Hi there, how are you making the payments - is it by phone?

[OLIVE.FAMILY]

So you will be all paid up by the 31st then??

[OLIVE.FAMILY]

So you will be all paid up by the 31st then??

[biddy65]

payments are made through bank every friday,yes it will be paid up by 31

[biddy65]

payments are made through bank every friday,yes it will be paid up by 31

[wellmeantadvice]

Right- First of all, let me say that it is extremely unlikely that the mortgage lender would apply for a warrant for possession between now and Friday- particularly if you have kept them informed.

 

Secondly, even if they did apply for a warrant today or tomorrow, they would not get an eviction date before Friday, and if you were fully paid up then, they would either vacate any such date, or you would have a very solid case for applying to have any such warrant suspended.

 

Thirdly (as I mentioned before) check the contractual due date! There is an argument, that the first date stipulated by the court only refers to the additional amount (and you had paid more than the £200 by yesterday), whereas the instalment falls due by the contractual date.

[wellmeantadvice]

Right- First of all, let me say that it is extremely unlikely that the mortgage lender would apply for a warrant for possession between now and Friday- particularly if you have kept them informed.

 

Secondly, even if they did apply for a warrant today or tomorrow, they would not get an eviction date before Friday, and if you were fully paid up then, they would either vacate any such date, or you would have a very solid case for applying to have any such warrant suspended.

 

Thirdly (as I mentioned before) check the contractual due date! There is an argument, that the first date stipulated by the court only refers to the additional amount (and you had paid more than the £200 by yesterday), whereas the instalment falls due by the contractual date.