mortgages arrears fees and suspended repossession orders

[time4change2]

i have got a suspended repossession order on my property and i am going to now pay the full arrears off which is only about £750.00 now but my mortgage company have charged me £75.00 a month in arrears fees which i was disgusted with as the court ordered me to only pay £50.00 a month on top of my contractual mortgage payments but i was scared to challenge this but now i am paying the arrears off i want to. They have charged me nearly £3000 in arrears fee and i feel this is massively excessive and wanted to know if i could claim these back?

 

Also i wanted to know once i have paid of my arrears can i get the suspended repossession order taken of my house? If so how do i go about doing this?

 

My mortgage company is not one of the usual big name banks as my credit was not so good when i bought my house

 

Any advice would be greatly appreciated

[midge61]

Hi

 

You have to go through the companys complaints procedure first then you can put in a complaint tot the FOS.

 

As the court ordered you to pay £50 pm extra and they then charged you £75 you had no hope of reducing the arrears in the time frame set by the court. I am sure this would come under the heading "Not treating customers fairly" which the FOS are hot on.

 

Who's the company?

[time4change2]

hi thanks for your reply i am with rooftop mortgages and hey are being really nasty with me about it all

[time4change2]

i have a list of all the charges they have sent me in an annual statement if that might help

[iconoclash]

Hi - I have a suspended repo order also with a court order to pay the mortgage plus £50 towards arrears. The lender wishes to charge me a further £50 a month as a fee - however - we do not pay this as what we do pay is now set in stone by a court order and I dont believe you can be taken to court for not paying these kind of charges. If they wish to change the amount you pay they would need a court order and/or explain to the judge why they feel they can charge this extra - thus they would have to show its real genuine value v cost a la OFT case:)

[Ell-enn]

These charges cannot be added to the arrears - they are added to the outstanding mortgage.

 

When you went to court what did the lender claim the arrears were? did they include the charges in the figure they supplied to the court and did you question this at the hearing?

 

Also, what exactly did the order you received from court say? i.e. was there a specific amount to be paid back by installments or did it just say pay £XX extra per month on top of the normal payment?

 

Once you have paid off all the arrears you can apply to the court to have the suspension lifted.

[iconoclash]

hi - this was a strange one - we, and our solicitor from welfare rights, thought that a balance had to be known and agreed b4 the order could be made but not so - the judge went ahead anyway and there was never a figure shown, just to pay whatever the usual was plus £50. So - this is not good as the balance is not validated - the lender continues to ignore our information requests and has totally ****ed up the statements, the arrears balance is still indispute and as for the outstanding mortgage balance, yes, this is increasing due to the practice of adding a charge. I did see something somewhere about all this and I think it is being challenged, this business of adding a fee to a balance but not asking you to pay it now is actually charging you and therefore putting you in more debt etc etc - will do some digging:)

[time4change2]

there is a ccj in place for the contractual payment and just £50.00 a month but now they have charged me nearly £3000 in arrears management charges they now have the cheek to charge me interest every month on top of the charges they have applied i am so angry with them but i am scared to challenge it as i still have the repossession order on my property

 

i called the cour-st an even though i will be paying the arrears balance off in full next week they have now told me i cant get the repossession order taken off the house in case i fall behind again i am totally gobsmacked and what angers me the most is i had to pay for them to take me to court as i ended up with their solicitors fees!

[iconoclash]

Hi nitelite - I think that as you are going to be free of this company soon there is no reason why you cant sue the **** off them once that little clause about paying their legals has disappeared! I'd go for the ERC (if theres one) penalty charges and anything else they havent shown to be reasonable, fair, a true genuine cost to them!! AND they cant stop you getting the suspended poss. order lifted - apply to the court yourself - it is the courts decision not theirs.

 

Oops - just noticed, its the arrears not the whole thing you will be up to date with, however, the balances on your account are no doubt inaccurate as theyve included interest on spurious items - I would challenge everything and who at the court told you that?? - the girl who picked up the phone?? - they cannot give advice to the public as far as I know.

Edited May 20, 2009 by iconoclash
wrong ansa

[time4change2]

i can only afford to pay the arrears off no my whole mortgage balance lol

 

i am just a little worried as they are being every nasty with me on the phone and i think its every unfair with the excessive amount of charges they ahve applied

[jansus]

Property Law UK

[nindy kaur]

HI I had a mortgage with rooftop and got in to arrears I had a managable monthy payment of 650 per month then went up to 1200pm in the end i had to sell my house because with all the charges i owed them so much i had to sell my house at a 6k shortfall i now have a company working on my be half trying to get all the charges back which were around 10k wish me luck i am now renting untill i can afford to buy again

[nindy kaur]

HI I had a mortgage with rooftop and got in to arrears I had a managable monthy payment of 650 per month then went up to 1200pm in the end i had to sell my house because with all the charges i owed them so much i had to sell my house at a 6k shortfall i now have a company working on my be half trying to get all the charges back which were around 10k wish me luck i am now renting untill i can afford to buy again

 

never get a mortgage with this company no matter what

[nindy kaur]

they are the most un careing company in the world

[tifo]

i've been in this situation and reclaimed all arrears charges plus some legal fees last year (totalling around £5,000).

 

the bank refused to refund anything and I passed it to the FOS, who said they cannot investigate arrears fees as it is not within their remit but the adjudicator decided that they are fair because its a market rate. I've had many arguments with him on this matter and have even asked the FSA, who say that without a breakdown the bank can't prove the fees reflect their costs. But if the bank won't supply a breakdown and the FOS won't ask them, how can I get this?

 

i've asked the adjudicator where it states, in their rules and guidelines, that they cannot investigate mortgage arrears fees. He pointed me to the FSA handbook which says something else in 12.4.1R (that charges must reflect costs). So he can't really show why he can't investigate these charges and also can't really explain why he thinks they are fair without having investigated them.

 

i've asked the bank and FOS on securitisation but none will respond to this. I've asked why the bank signs its letters with "as administrator".

 

i've asked the adjudicator not to refer to arrears charges in his decision if it is not within their remit, though i suspect he will still say they are fair. But then this would be unfair against me as its an opinion and not based on an investigation.

 

so far i've not made any progress.

[Happyhippy1959]

It just goes to show the state of this once fine country the greed and more greed and yet even more greed.. The apocalypse of financial Armageddon is coming. As with these horrid nasty firms like the above mentioned rooftops and picture and firstplus they will reap what they have sowed. Interest rates at there lowest yet as many have said 9% - 13% rates charged to loyal customers. Then greedy charges placed on the consumer if they get into trouble. Job losses this year will double and they will see the once tame British people of all walks of life saying enough is enough.... come reposes me you have snouted the trough dry..... The government need to take note, the public are not a golden calf they can bleed dry.... Fuel, council tax and utilities going through the roof..... I wait with baited breath for the revolution that is coming.

[tifo]

the public are not a golden calf they can bleed dry .... I wait with baited breath for the revolution that is coming.

 

The public are not going to do anything, just keep paying and working harder and harder. Its peoples nature here. And there's no revolution coming so you might as well start breathing again!

[Happyhippy1959]

oh shucks tifo..... Oh well do me own me thinks..... have already got rid of car and motorbike no more expensive duty to pay this governments coffers with..... Fag's gone a long time ago.... now what other way's can I beat this greedy government and those nasty big money grabbing corporations... ah yes out with the TV there's a licence fee gone and the cost of digital.... it get's better..... and better...... hmmmmmm I think I am going to rename my self Citizen Hippy power to the people those old enough to remember Robert Lindsey in Citizen Smith!!!!!!!!!!!!!!

[Happyhippy1959]

Any idea's welcome..... earn under the tax allowance that's another lot saved...