Natwest Motgage arrears

[avocados]

Hi

 

Firstly I apologise for the long post but please keep reading because I really, really need help here.

 

I have had a difficult summer and fell behind with my mortgage because I missed quite a few payments.

 

My incoming money has recently improved and as of last month I have been able to start make payments towards my arrears, my normal monthly payment should be £490 and I sent them a Cheque for £600 last month to cover Septembers Mortgage and £110 towards arrears. I also have a standing order up which pays £20 weekly to them towards arrears. Along with the cheque I sent them a letter explaining my circumstances as to why I was in financial trouble and that I would be in touch shortly with a long term repayment proposal and in the meantime the weekly standing order will continue.

 

But this week I have received a letter saying they formally demand imediate repayment of the full mortgage balance £110,000 Unless I come up with satisfactory proposals for repayment within 17 days of the date from this letter - i received it 6 days after the date on it so only have 11 days, then they will pass to the banks recovery dept and may start legal action for repossession.

 

I wrote out a repyment proposal straight away and sent it to them, which was £490 usual payment + £110 Towards arrears = £600 per month, and also to continue the £20 per week standing order to further reduce my arrears, it also repeated my problems I have faced this summer and that these were behind me.

 

I posted this on wednesday but then heard about the postal strike on the news so thought I'd best ring them as I now only have 11 days to contact them, I spoke to the mortgage recovery dept at Natwest to put forward my payment plan and they said there was nothing they could do as I have a business relationship manager and I can only speak to them

 

I telephoned the business line number today and the person on the phone said my proposal will be automatically rejected because I have not also offered repayment towards 2 Bank overdrafts (I have a claim frozen for charges with one of them and also the majority, if not all of both of the current overdrafts are charges + interest on charges which I am yet to put a claim in for) and they also want a payment plan towards a loan I have with Natwest which I am in arrears with.

 

Is he right? And are they aloud to do this? I thought Mortgage arrears were a priorty debt and this should be tackled first, I don't know yet how much I can afford towards my loan arrears until the bank agrees with a repyment plan for the mortgage. But the man on the telephone says that they will not discuss or negotiate with me about my mortgae until I offer repayment on all - Mortgage and the loan, and also the overdrafts which are just bank charges

 

Please please help!

[Guest Old_andrew2018]

I am replying to bump your thread back to the top of the list, you might consider sending a PM to some of the legal Bods asking for urgent advice, Please include a link to your thread

[jansus]

First of all have you actually put the OD officially in dispute because of the charges?

 

Secondly whatever your lender says it is only the court that can grant a possession order, and under the current protocol rules issued by the Ministry of justice if you are maintaining your payment and reducing the arrears it is unlikely that the courts will allow possession. You are doing everything correctly. stick to your guns.

 

A few guidance hints

 

keep everything in writing by recorded delivery or email

start a very organised file with letters and proposals etc and if they do call you then make notes of times dates and conversation etc.

 

Do not make an arrangement you can not keep to

Read up on the protocol rules from the Ministry of justice.

 

Dont panic!

 

I can help you with a letter if you want.

[jansus]

Pre-Action Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears in Respect of Residential Property - Ministry of Justice

[avocados]

Thankyou for your reply

 

First of all have you actually put the OD officially in dispute because of the charges?

 

Yes, but only for some of them. I have a claim that got frozen in 2007 but I need to amend the amount I am claiming back because I have made a miscalculation so need to know how. I will be challenging charges that have been made since I made this court claim. Once they have finally exhausted all means to drag the OFT through the Courts, house of lords, etc and inevitably lose, it will work out that they owe me more than I owe them on the overdrafts. But I require some assistance, please see thread..

http://www.consumeractiongroup.co.uk/forum/natwest-bank/227700-default-notice-accounts-charges.html

 

Secondly whatever your lender says it is only the court that can grant a possession order, and under the current protocol rules issued by the Ministry of justice if you are maintaining your payment and reducing the arrears it is unlikely that the courts will allow possession. You are doing everything correctly. stick to your guns.

 

They seem determined to ignore any negotiations I attempt to make with the mortgage, they have not acknowledged or replied to two letters I have sent them and only seem interested in me offering payment for the loans and the overdrafts.

I think the reason why is because they know that my mortgage is secured so they don't care about receiving payment for that as they have my house as back up, whereas the loans/overdraft are not so they are just chasing me for this and refusing to discuss the mortgage until I pay these.

 

A few guidance hints

 

keep everything in writing by recorded delivery or email

start a very organised file with letters and proposals etc and if they do call you then make notes of times dates and conversation etc.

 

Do not make an arrangement you can not keep to

Read up on the protocol rules from the Ministry of justice.

 

Dont panic!

 

I was just worried about the postal stikes and timescales but I will keep in writing from now on, the call centre staff are very unhelpful and seem to talk down to me rather than listen.

 

I can afford what I have offered them = £600 monthly + £20 weekly. Mortgage is usually £490 so will reduce the arrears, and I will read through the protocol rules over the weekend.

 

I can help you with a letter if you want.

 

Yes please

 

 

Thankyou again for your help.

[jansus]

ok

 

I will be back on early evening so will think about the letter.

 

jan

[jansus]

For Overdraft

To:

 

From:

 

Date:

 

 

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

account number :

 

I refer to conversations/letters regarding the above account.

 

 

I am disputing the total value of these debts with xxx due to unlawful and unreasonable charges. As such, therefore, I consider this account to be in dispute and no further action or payment shall be made until this matter is resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

This process may take some time, due to the Office of Fair Trading's test case,

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

Please find attached details of charges since

Total £

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

 

Regards

 

XXXX

Edited October 25, 2009 by jansus

[jansus]

To :

 

I refer to your letter dated Xxxx regarding the above mortgage account.I note that you are demanding full repayment of the mortgage debt due to arrears on the account.

 

I am sure you are fully aware of the pre-action protocol issued by the M.O.J and the guidance within the protocol. I understand that you are supposed to assist me at this difficult time and I would comment that I have found the telephone conversations I have had unconstructive and in fact confusing.

 

I am treating the mortgage as my priority debt and I have made an offer to pay my normal monthly payment plus XXX per month towards the arrears.

 

I would like to re-iterate the original reason for the arrears was ( give a very brief and to the point description here)

 

My situation has now improved slightly and this is why I can offer this payment . I also attach my latest Income and expenditure form to show my present posistion.I would hope that if I continue this payment you would consider capitalizing the arrears so then I could tackle the other debts with you.

 

I have sent a separate letter regarding my Overdraft and Loan accounts and feel that I am doing the correct thing by concentrating on my mortgage first.

 

As in your letter you are obviously implying that this might go to court I would appreciate continuing all discussions in writing and in view of the postal strikes it would be useful if you could perhaps provide me with one person /point of contact that I could deal with from now on. An email address would be very helpful.

 

I note that you have not even acknowledged my previous letters and I would emphasise that as I am making every effort to resolve this matter with you I would appreciate your early written response.

 

 

 

 

 

* send by recorded delivery and keep proof of deliveries.

Edited October 25, 2009 by jansus

[jansus]

A couple of other comments .

 

Unfortunately Nat west can be a very hard nut to crack and do not have a reputation for being sympathetic. However if they do continue to court the Judge will not be happy if they have not adhered to the protocol and if you can make the payment plus some towards the arrears then it would be extremely unlikely the court would grant possesion.

 

With regards to the OD where there are charges adapt the letter above and try that.

 

I am not sure about the loan - you will have to think about your future prospects of paying that .Can you identify yourself as in financial hardship and ask them to freeze the payments and interest and pay a token amount ? Do you have a separate thread for the loan?

 

 

I would always recommend only offering what you can afford to pay on the mortgage as nothing looks worse than offering a payment and then not keeping to it.

[avocados]

Sorry I have been having computer problems so I have not been able to log in

 

Thankyou for the above letters they are excellent

 

I have just printed them off and wil send them tomorrow

 

Thanks again for your time in writing these and I will update when I hear back from them

[jansus]

ok no problems. fingers crossed for you.

[avocados]

Well Natwest have not replied to my letter again yet, I think they are just hell bent on bulldozing through to the applying for repossession stage as they are ignoring every attempt I make to negotiate with them.

 

I have sent them 3 letters so far with my repayment proposal and they have ignored all 3. I have also stuck to the repyments I offered within the letters, which was £600 monthly + a small weekly payment of £20. If they do not see this as acceptable and I do end up in court then surly the court has to side with me here as Natwest have made zero attempt to come to an alternative solution?

 

Do I send Natwest another letter or have I done enough to please the court if it does go that far?

[jansus]

There is a similar thread on here with another bank - where they were using the "all monies " clause to try and prevent negotiation on the mortgage .

 

I will send you a link in a second.

 

I would not normally advocate speaking to them - on the letter threatening the legal action is there aspecific contact or email address.

Have you been sending letters by recorded post?

[jansus]

http://www.consumeractiongroup.co.uk/forum/repossessions/221377-lloyds-secured-loan-claim.html

[avocados]

I came to an agreement in January with Natwest to pay £700 per month which I have stuck to and I thought everything was now ok.

 

Today I receive a letter saying my repayment plan is in arrears, I immediatley telephone the collections office and they deny receiving Januarys payment. I told them that I was 100% certain that I sent them a cheque and it has left my account but I was made to feel like a complete liar by them even though I told them it is very easy for me to prove so why would I waste my time on this conversation with them. The call was not very constructive with an arrogant lady and I even started to question myself over wether the cheque has been banked even though I was certain before it was so I ended the call to go get proof.

 

I have printed my bank statement off which clearly shows the cheque being cashed. I have also telephoned my bank who have confirmed that Natwest have received payment and they will be sending me a copy of the cheque but it could take upto 6 working days to receive it.

 

I hope this is not going to be more stress as I am under enough pressure as it is from other problems. It is a lot of money to go missing and I will certainly be making a complaint.

 

Is there anything else I should be doing or do I just await the copy of the cheque and it should be straight forward from there to sort out?

[lulu22]

I know this might sound silly but did you remember to put your mortgage number address etc on the back of the cheque.I only ask because i pay my mortgage by cheque and was told to make sure i put all this information on the back of the cheque because without it the funds just go into a holding account.

[avocados]

I know this might sound silly but did you remember to put your mortgage number address etc on the back of the cheque.I only ask because i pay my mortgage by cheque and was told to make sure i put all this information on the back of the cheque because without it the funds just go into a holding account.

 

Pretty certain I did yes, but guess I'll have to wait for my bank to send me a copy of the cheque to find out.

 

I have written to them in the meantime letting them now there has been an error while I await the copy of the cheque I sent them