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Help!!!! H-fax seeking to reposses my house


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moved to the legal section

 

dx

siteteam

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi in view of the news of the possible hike in interest rates in the news... i decided to call hfax to find out if i could get a fixed rate.

They said that they could NOT review my account because i had over 3months arrears

 

Yes i do have arrears ....infact the hfax had gone to court despite an arranmgement and the court ordered that i paid an extra £100 to my monthly mortgage....which i have been doing since the court hearing last August.

 

I also noticed that there were some unfair charges on the account which iam in the process reclaiming back.

 

My question now is that...

1. is it fair for hfax to refuse me fixing the mortgage rate because of the arrears....

2.....has anyone seen any halifax agreement terms and conditions where it states that they will not give a borrower a fixed mortgage if he/she is over 3months arrears(not litrerally obviously)....i need some light shed on this as i have this gut feeling that something is wrong somewhere

3. is there a chnace that this is an unfair treatment......just to punish or fliss people in arrears

 

thanks ..i will appreciate any contribution

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It sounds a bit unfair and unreasonable to force people who are in a difficult position - to have to pay extra. However, the problem is that this kind of thing is open to interpretation. There is nothing to go to court about so far. Only the FOS or the FSA could make a decision about the fairness of this. The FOS will take a long time and probably come down against you because they are frit.

 

However, maybe you can start to use the charges to set off the situation.

 

Since the two decisions here:- http://www.consumeractiongroup.co.uk/forum/content.php?700-Hot-news-for-anyone-who-has-suffered-mortgage-arrears-charges-irresponsible-lending-or-other-unfair-lender-conduct the recovery of charges should be very easy - along with a decent rate of interest.

 

If you could establish that they have acted unfairly to you by levying excessive charges, you might be able to argue that their whole treatment of you has been unfair.

 

If you are able to argue that the amount of charges levied against you unlawfully has prevented you from addressing your arrears and therefore deprived you of access to the fixed-rate deal then you have a very powerful argument.

 

So, how much are the charges? How much are the arrears? And how have you started going about claiming back your mortgage charges?

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