help please? reposession order for the 18th Feb 2009

[Ell-enn]

Did you provide any evidence to contradict the ME rep that you had paid more than £68?

[dehowletts]

No - i didn't............

 

because she was very abrupt and after her whole mid-sentence changing her mind thing (i really did think it was curtains) all rational thoughts left me

 

can i submit evidence to contradict before next Monday, do you know please?

 

Cheers E (& for your telepathic support this morning!) Cx

[Ell-enn]

You can prepare a statement and get it to court before next monday ! What proof do you have of what you have paid (and the DWP have paid) in the last 12 months. Get on to the DWP and tell them the urgency and that you need confirmation of payments.

 

Next send a letter by "special" delivery - tonight if possible - to ME telling them you need a complete breakdown of arrears and payments to reach you before Friday or you will report to the court that they are frustrating your attempts to form a defence as you have asked for the information repeatedly. Copy the letter to Richard Banks CEO at Bradford & Bingley, Croft Road Crossflatts Bingley, West Yorkshire BD16 2UA (FAX it to 01274 551022 - marked urgent for his attention) and also post it marked private and confidential. At the bottom of the letter to ME put cc. Richard Banks CEO by special delivery and fax.

 

If you need help with the letter just shout.

 

You then need to get as much written evidence of your qualification for the mortgage rescue scheme as possible.

 

In the meantime your mum needs to get some sort of proof of her ability to pay the arrears, just in case she needs to .......

 

Ell

[jansus]

Do you need any help with the letter ? As you obviously have lots to do over the next week.

 

Do you have any letters from DWP about your entitlement and when it started?

 

Also make a note of everything that was said today while it is fresh in your mind so that you can query all that you think was wrong.

[jansus]

Do you have an allocated person or reference number from the FOS for your complaint?

[dehowletts]

You can prepare a statement and get it to court before next monday ! What proof do you have of what you have paid (and the DWP have paid) in the last 12 months. Get on to the DWP and tell them the urgency and that you need confirmation of payments. √ All either 'do'-able or I already have

 

 

Next send a letter by "special" delivery - tonight if possible - to ME telling them you need a complete breakdown of arrears and payments to reach you before Friday or you will report to the court that they are frustrating your attempts to form a defence as you have asked for the information repeatedly. Copy the letter to Richard Banks CEO at Bradford & Bingley, Croft Road Crossflatts Bingley, West Yorkshire BD16 2UA (FAX it to 01274 551022 - marked urgent for his attention) and also post it marked private and confidential. At the bottom of the letter to ME put cc. Richard Banks CEO by special delivery and fax. √ will do 1st thing tomoz I had to go to my grandpa's house with my ma because she needed help

 

If you need help with the letter just shout. √oh i will if i get stuck & i know you would cos BTW i think your unbelievable with how many letters etc you manage to churn out to help people!! & hold down a full time job.... I think you must be made from the same stuff as my ma cos she gobsmacks me too.

 

You then need to get as much written evidence of your qualification for the mortgage rescue scheme as possible. √ already under control i made the relevant people aware of what i needed b4 i left town today told them the urgency & why they were fab & i have an appointment tomoz where they said they'd provide me with everything i need for court Monday

 

In the meantime your mum needs to get some sort of proof of her ability to pay the arrears, just in case she needs to .......√ already discussed this with her so not a problem

 

Ell

 

Thanks for all the above & your help i really don't kinow what peeps would do without this forum.....

 

Will update after tomoz

 

Cx

[dehowletts]

Do you need any help with the letter ? As you obviously have lots to do over the next week. i think i'm ok but thanks & i'll shout if i get stuck

 

Do you have any letters from DWP about your entitlement and when it started? yes

 

Also make a note of everything that was said today while it is fresh in your mind so that you can query all that you think was wrong. √ already done!!

 

Thanks Cx

[dehowletts]

Do you have an allocated person or reference number from the FOS for your complaint?

 

yes i do for the original '08 complaint - thanks for pointing this out I'd forgotten I had that Cx

[jansus]

Just to expalin one thing. Even if your mortgage is on repayment for the first 10 - 15 years you are paying mostly interest - your debt only reduces quicly at the end of the term - which is why I was trying to establish whether you knew the current interest rate and exactly what your interest only payment would be as sometimes it does not make a huge amount of difference.

 

So for example your debt is 150000 and each month they add interest and each month you pay that interest and a small amount of capital. If you miss a payment that interest is shown as arrears but also increases your debt untill it is paid . SO if you miss 4 months payments (that were for arguments sake 1000 per month) your arrears could be 4000 and your debt would also have increased. If they capatalise the arrears in the future they would work out the MP on 154000.

 

If the DWP have not been making full payments or any payments then perhaps that is where they got the figures from?

 

that is why it is important that you understand all the conutations of what you are asking.You also need to know exactly what help you are due and whether all the payments have been received and allocated correctly.

 

I am quite willing to help you with the letter if you want. Do you have any recent mortgage statements or can you get them on line at all?

 

I dont know much about your lender at all - do they have any branches at all?

[dehowletts]

Just to expalin one thing. Even if your mortgage is on repayment for the first 10 - 15 years you are paying mostly interest - your debt only reduces quicly at the end of the term - which is why I was trying to establish whether you knew the current interest rate and exactly what your interest only payment would be as sometimes it does not make a huge amount of difference.

 

So for example your debt is 150000 and each month they add interest and each month you pay that interest and a small amount of capital. If you miss a payment that interest is shown as arrears but also increases your debt untill it is paid . SO if you miss 4 months payments (that were for arguments sake 1000 per month) your arrears could be 4000 and your debt would also have increased. If they capatalise the arrears in the future they would work out the MP on 154000.

 

If the DWP have not been making full payments or any payments then perhaps that is where they got the figures from?

 

that is why it is important that you understand all the conutations of what you are asking.You also need to know exactly what help you are due and whether all the payments have been received and allocated correctly.

 

I am quite willing to help you with the letter if you want. Do you have any recent mortgage statements or can you get them on line at all?

 

I dont know much about your lender at all - do they have any branches at all?

 

Hi J,

 

Thanks for all the above!

 

the last point's the easiest to clarify!! - my lender is part of Bradford & Bingley

 

on the first bit - am i interpreting this correctly in that you're saying that the additional £10k PLUS the additional £5k could be correct!!??

 

i am part of the way through doing a spreadie on info I've got already & if they EVER respond to my SAR I'm hoping this will enable me to complete it..........could i pm it 2 ya for your opinion whemn it's complete please?

 

Cheers Cx

 

ps have you read this??

http://www.consumeractiongroup.co.uk/forum/general/208473-reclaim-excessive-mortgage-arrears.html

Edited July 20, 2009 by dehowletts
to add info

[jansus]

no problem

 

I am not saying the figures are correct just think it is important to get both a statement of arrears since you started having problems that is a complete breakdown - Date / MP due / MP recieved.

 

Plus a statement actually showing this - in other words a full mortgage statement showing exactly what has been received on your account and when.

 

So they must state arrears /then prove those figures. Otherwise how can you check what the DWP have paid?

 

I was asking about branches as I would have thought that with ID a branch should be able to provide you with a print out quite easily .

 

I can work out the interest only payment on your debt compared to your normal MP if I know the current interest rate and your total debt.

 

Also we have to insist you get a full breakdown of arrears charges since your problems began.

 

Ell-enn - do the courts provide a summary of transcript of hearings like this to check exactly what the lender said or was it all in their documents presented to the court?

[Ell-enn]

when you copy the letter to the CEO make sure you put copies of the previous requests with it so he can see that they haven't complied with any of them.

 

Just a suggestion for the letter to ME:

 

Dear Sirs,

 

Re:XXXXXXX

 

We write with reference to the above account which has regrettably become subject to possession proceedings.

 

Despite keeping you updated of our situation at all times and requesting both a breakdown of the arrears you claim are owed and a subject access request in order for us to collate a proper defence, you have failed to comply with any request.

 

As you are no doubt aware, at the hearing on 20th July the court gave us 7 days to gather further information to stop eviction. Your non compliance with our requests leads us to believe that you are intent on withholding the information in order to repossess our property

 

We now require you to furnish us with the information by Friday 24th July. Should you fail to comply a copy of this letter and the proof of your receipt will be presented to the court. Also, a copy of this letter together with copies of our previous requests have been sent to your Chief Executive Richard Banks, by special delivery and also by fax.

 

I trust you will now be able to comply with our request.

 

Yours faithfully,

 

 

XXXX

 

And for the CEO

 

 

Dear Sir,

 

RE XXXX

 

I am writing to ask for your assistance regarding the above account with Mortgage Express and their failure to provide any information which we have requested on several occasions and despite a formal complaint to the FOS.

 

The situation is now critical as their failure to comply is frustrating our attempts to structure a proper defence which we believe will save our home from being repossessed.

 

Please find affixed copies of letters sent to Mortgage Express regarding the above account.

 

I trust you will be able to offer us your assistance in this matter.

 

Yours faithfully,

 

 

 

XXXXXX

 

Encs.

[Ell-enn]

Jansus, you have to ask for a transcript of the hearing - this can take several weeks and there is a hefty fee for it.

[dehowletts]

Hi

 

Thanks a million

 

Cx

 

ps reading the above just made me how 'waffley' my attempt is (now was cos i just deleted it in disgust with myself!)

[jansus]

partly what i thought -so it is important for poster to write down exactly what they said so it can hopefully be disproved next week.

 

I also did a suggested letter - but yours sounds better.I have sent mine by pm so the OP can see they are both basically stating the same thing.

 

 

 

Maybe she could send a copy to the FOS contact as well , referring back to the original complaint . A shot gun affect may at least get a reaction from someone.We can but hope

[Ell-enn]

 

When dealing with these people your letters should always be concise and to the point - just give them the facts, they're not interested in anything else and long letters never get read to the end

[jansus]

My suggestion - but Ell-enns is better

Mortgage account no:

 

Official complaint.

 

Please note this is very urgent.

 

My property is under a suspended posseesion order and I am trying my best to keep the house that I have lived in for the Last 10 years . Ever since I have had problems with my MP I have been asking for a comprehensive detailed breakdown of the payments you have recieved from the DWP against what payments were due. Also I need a full separate breakdown of arrears charges. However all i have received are wildy fluctuating figures for my arrears. Both in and out of court I have been given no assistance in this respect or any sympathy for my situation.

 

I could be losing my house in the next 7 days and yet I had to stand in court today listening to figures which i believe to be untrue. I also had asked for the mortgage to be changed to interest only while we are in this dire situation. this was agreed then withdrawn leading me to complain to the FOS.

 

Please adhere to your own code of conduct and new protocol guidelines and provide me with

 

1) A full breakdown of the arrears

2) a mortgage statement since xxx

3) a full list of all charges and fees to my account since xxx

4) A statement of any other facts you feel are relevant to my case.

 

Your urgent attention to this matter is required.

 

 

 

(send a copy to FOS case worker/ Lenders solicitor )

Fab thanks

[dehowletts]

Maybe she could send a copy to the FOS contact as well , referring back to the original complaint . A shot gun affect may at least get a reaction from someone.We can but hope

 

lol @ this comment!! especially as their representative actually told me off today for submitting a claim to the FOS (this was b4 we all went into the courtroom BTW) but what a cheek!!

 

then his comments in court really infuriated me I know he's just ME solicitor's puppet but even so......

[dehowletts]

 

When dealing with these people your letters should always be concise and to the point - just give them the facts, they're not interested in anything else and long letters never get read to the end

 

i agree which is why your & j's input is greatly appreciated, cos i was trying to put EVERYTHING into 1 letter

 

which is prob why Maths was my subject in school after school & for my degree & me thinks this is what i should stick to - words were never my strength! 8-) too many or too few of 'em my problem..,....

[dehowletts]

Arghhhhh

 

I don't think what I've been supplied is a SAR???

 

if anyone has the time to give me their opinion i'd be grateful!!

 

can i pm someone please to have a look?

 

Cheers C

[jansus]

you can pm me if you want

[dehowletts]

you can pm me if you want

 

 

hi thanks will do

[jansus]

I think on the SAR you should have a copy of your original agreement - details of charges etc on your account. logs of any conversations on your account at application and regarding arrears etc.

[Ell-enn]

What did they send you ?

[dehowletts]

they sent me basically a list of expected payment &then in another column actual payment & finally a column of arrears & that's it

 

no charges breakdown nothing???