Mortgages plc

[borolad63]

I understand that my original signed mortgage agreement with my mortgage company is NOT kept at the mortgage company but was sent and kept at the Government Treasury HQ to be used as a asset for future promisery raising of Government borrowing from the World banks.

Is this true?

[citizenB]

Interesting question. I am bumping your thread in the hope that someone with the answer will pop in. xx

[borolad63]

Can a mortgage lender use a photocopy of my original mortgage application form in a district judges hearing room as evidence of debt?

Can they also scan my signature onto the agreement.

[42man]

As far as I am aware....they have to produce the original in court...(I may not be correct on this - but I know it has been said in matters arising on Consumer Credit Agreements)

[questioning]

From what i have read many times on the forum "They do have to have the original agreement," this is what I have learned and so believe,

However if anyone out there can tell me different then please do, as at this point in time these are the facts I've gleaned from cag. so would really appreciate knowing weather I'm correct or not.

Thanks guys.

[nicklea]

They only have to supply the original if you requested it before the hearing. You need to do this under Civil Procedure Rules 32.19:-

 

Notice to admit or produce documents 32.19 (1) A party shall be deemed to admit the authenticity of a document disclosed to him under Part 31 (disclosure and inspection of documents) unless he serves notice that he wishes the document to be proved at trial.

(2) A notice to prove a document must be served –

(a) by the latest date for serving witness statements; or

(b) within 7 days of disclosure of the document, whichever is later.

[questioning]

They only have to supply the original if you requested it before the hearing. You need to do this under Civil Procedure Rules 32.19:-

 

Notice to admit or produce documents 32.19 (1) A party shall be deemed to admit the authenticity of a document disclosed to him under Part 31 (disclosure and inspection of documents) unless he serves notice that he wishes the document to be proved at trial.

(2) A notice to prove a document must be served –

(a) by the latest date for serving witness statements; or

(b) within 7 days of disclosure of the document, whichever is later.

 

Ok thanks, so note to self would be ask for this (original docs.) under CPR. Meaning when you did a CPR in the event of defending court action, is that correct.

[nicklea]

When defending a court action your first request to them is under part 18 to disclose information. In your CPR Part 18 letter you are only supposed to refer to Part 18 issues but I guess there's no harm in doing it at the same time.

 

The Part 32 notice you would send after they have responded to your part 18 request and sent you copies of the documents. If any of the copies look a bit dodgy then you can serve the part 32 notice as long as you do it within the prescribed timescale given

 

Regards

 

nicklea

[questioning]

Thanks Nicklea,

Well explained, I can see i suppose where I have read that original docs need to be shown in court that this has come about after people have asked under part 18 and/or part 32.

thanks OP please have your post back didn't mean to hijack it.

[borolad63]

Can someone advise please. I fell into arrears with my mortgage due to be being unable to work (I am self employed) due to a bad back.

 

I am now on pension credit and the pension credit pay some of my interest.

 

I was in court with my mortgage and a suspened order was put in place and to review in six months.

After paying my mortgage plus £50 for the six months, mortgage plc did not turn up for the hearing and neither did I (I was ill at the time unfortunately)

 

In the six month period of paying my mortgage I was contacted by my local hospital to go and have a operation on my back.

(I had a slipped disc on one side and a trapped nerve on the other side painfull believe me!)

 

At the moment I am really struggling to pay this March's mortgage.

What I need is some form of letter to send mortgage plc explaining the situation that once my back is ok (maybe a few months)

I can go back to work and earn decent money to pay off the arrears and mortgage payments.

[Ell-enn]

Hi there, I have affixed a letter for you to send to them. Make sure you have the correct address and department to send it to, even if you have to ring up first and ask.

 

Send the letter by recorded delivery and keep a copy for yourself. Also keep the receipt for posting and check on the royalmail website in a few days to print off the signature receipt. Keep all together safe until you get a reply from them.

 

Ell-enn

Borolad63 Letter.doc

[borolad63]

Thanks very much

 

Will let you know the outcome

 

borolad63

[borolad63]

Hi Ell-enn

 

Sorry to be a pest.

 

When writing your drafted letter to Mortgages plc, it states on second paragraph that I am about to go into hospital for surgery whereas I have already been into hospital and I am currently recoverying from the operation. The operation was in October and I have a letter from my doctor stating the complexaties of the operation

 

What is the best thing to write

 

Thanking you for your patience

 

Borolad63

[Ell-enn]

Hi there, I have amended your letter (affixed). You should send a photocopy of the letter from your doctor (I have referred to it in the letter).

 

 

Ell-enn

Borolad63 letter version 2.doc

[borolad63]

Hi Ell-enn

 

Received today a reply from Mortgages PLC stating that payments have not been maintained and arrears are £5685.46. I sent a cheque for £100 with your letter.

They are asking for Income and Expenditure form to understand my position which will also assist them when consideration potential payment arrangements. Fees and additional interest will continue.

 

How best to fill this form?

I am currently on pension credit of £65pw and have all the usual outlays. Food £40pw, gas 10pw, electricity 10pw, petrol 10pw swift loan 185pm etc

By rule of thumb do I minimise my outgoings or not.

 

Many thanks

[Ell-enn]

I think you need to fill it in to show your true position otherwise they will expect you to make payments you can't afford. Have you written to Swift to ask for reduced payments?

[borolad63]

Hi Thanks for your reply.

 

will fill in the form for Mortgages plc

 

with regards to Swift

 

I was granted a suspended order from the courts four months ago with the view to start payments in February 2009. I made my first full payment last month for the full amount plus £50 but will Swift look at reduced payments so soon after?

Swift are charging me costs every month even when action was suspended.

 

borolad63

[borolad63]

Hi Ell-enn

 

Sorry to be a pest again.

 

Not sure if this question is in your field of expertise but do not know where to go on CAG.

 

My father passed away about six months ago, was in residental care at the time. He had a Yorkshire Bank account now closed and a Yorkshire Bank Credit card with an outstanding balance to which I am personnaly paying off the min amount every month.

 

What is the legal standing of this account?

 

many thanks

 

Borolad63

[borolad63]

Hi Ell-enn

 

Here is an update. I sent a copy of your letter to Mortgages PLC and still awaiting an answer from them. I also sent a copy of your letter to Swift and back came Swift's letter stating that they will accept half payments for two months and I need to pay £83.86 for April and May.

June's payment will be £167.72 plus extra to go against the arrears.

 

Your thoughts

[borolad63]

Hi

 

Have received reply from Mortgages PLC stating that they have not received any payments (nor it seems my letter that Ell-enn formated for me) and because I have not contacted them they have arranged for a debt counsellor to visit me at a cost of £86.25 to be added to my account. He turned up last night whilst I was having my tea and rearranged the meeting for next Tuesday at 2pm.

 

Mortgages PLC seem to be totally ignorning my letter I sent them.

what do I do next?

[borolad63]

I have done i&e forms before whereas I was looking to stay in my property and always had what appears to be spare cash so I could pay my mortgage plus arrears.

What I now need is how to complete a i&e form whilst looking for interest payment only instead of full monthly payment plus £50 arrears.

I think it would have to show a shortfall in income against expenditure (being the same as always).

The loan concerned is with Swift Advances

My mortgage is with Mortgages PLC who have accepted interest only payments via a solicitors letter (whilst I was on legal aid but now I am not able to get legal aid).

I tried CAB but Swift are saying I have to fill in a&e form before they will look at interest.

[Nightmare4banks]

Hi All!

 

Borolad63,in reply to your post:

 

Double check your terms and conditions with list of services and applicable fees from your lender(which should have been given to you at the start of the mortgage) as you should be able to change from type of product to the other upon payment of the required fee which should not exceed around the 200 quid mark.

 

In this case,there should be no requirement for any Income & Expenditure paperwork.

 

I hope this helps.

 

If you have any questions,please just ask.

 

Keep us posted.

 

All the best!

[borolad63]

Thanks

 

Will dig out terms etc and then take it from there and keep you in the picture as things progress.

[eagleforms]

Does a loan company have the right to demand an I & E statement, I thought a court were the only people who could ask for one? Am I wrong here?

[borolad63]

Hi

 

what happens when you hand over the house keys to the mortgage company who are the 1st charge

who presumerably will have the house auctioned off with a shortfall in the auction price and the the outstanding mortgage and any other charge on your house

ie 2nd charge or even 3rd charge.

 

I know that all the money raised by the auction sale will firstly go the 1st charge (mortgage company)

and if shortfall then what?Will I be chased by the 2nd charge and how?.