SPML Eviction Soon - Help!

[CosmosBipinnatus]

They are chasing a debt of £18,000+ which is the shortfall against the outstanding mortgage after the house was sold.

 

Seriously - have you looked on RightMove or one of those other sites that record the history of how much properties last sold for, to see what your house was sold for?

 

However, I need to know how to handle these characters.

 

In my experience, don't believe anything they say unless it can be verified independently. These guys lie to the courts, repeatedly.

[sillygirl1]

These shark companies pay off the arrears and charges first, then the mortgage, which I think has been challenged in court and found to be wrong. Somebody on here might be able to point to case law to throw at them.

 

I believe Welcome Finance got sunk because they paid the arrears and then the main charge - where the point of repossession is to clear the outstanding mortgage balance.

[paul26may]

It would be nice to be able to do something. This repossession although it happened 7 years ago has eventually split my partner and I up after being together over 18 years. I would dearly love to try and get something back if only clearing this so called debt. It's all so very upsetting the damage that has been done. I thought there was something going on regarding the LIBOR rate fixing scandal and how it affected those who lost their homes?

[bob 3456]

These shark companies pay off the arrears and charges first, then the mortgage, which I think has been challenged in court and found to be wrong. Somebody on here might be able to point to case law to throw at them.

 

I believe Welcome Finance got sunk because they paid the arrears and then the main charge - where the point of repossession is to clear the outstanding mortgage balance.

 

Hi Sillygirl,

 

Do you happen to have any more details about them using your contractual monthly payments to pay off charges etc...

 

Acenden are doing the exact thing to us and its driving us up the wall.

 

According to their own terms they state they can use money to pay any missed payments arrears

but no mention whatsoever about applying your CMP to arrears fees/charges.

 

They have regularly made fictional payments that we have supposedly made by breaking up our regular monthly payment

into smaller amounts to keep us in payment arrears.

 

Thanks Bob

[CosmosBipinnatus]

Acenden are doing the exact thing to us and its driving us up the wall.

 

According to their own terms they state they can use money to pay any missed payments arrears

but no mention whatsoever about applying your CMP to arrears fees/charges.

 

They have regularly made fictional payments that we have supposedly made by breaking up our regular monthly payment

into smaller amounts to keep us in payment arrears.

 

Thanks Bob

 

Given that there isn't much time, have you thought of contacting Shelter to ask them this question? They sometimes have the answers.

[CosmosBipinnatus]

They have regularly made fictional payments that we have supposedly made by breaking up our regular monthly payment into smaller amounts to keep us in payment arrears.

 

You must put all this in a witness statement - with details like dates and amounts - and send it to the court with your acknowledgement of service and defence. A judge can only "admit" evidence that is put before him/her before the hearing. If you don't tell him/her this, s/he will not know anything about it.

[sillygirl1]

If you can prove you made the payment as a lump sum then you should be okay - the law firms that 'specialise' in Mortgage arrears should be heavily regulated as to their double dealing.