rooftop seeking posession even though have paid every month for 12 months

[sharpgun]

Have had mortgage with rooftop for five years, when i lost job some three years ago i got into trouble and went some six months in arrears anyway managed to get it down to three months, some 18 months ago and got on famously with the guy administering my account ,no problems paid every month mostly in excess of what i had to and now am down to just under 2 months in arrears but paying regular. New girl takes over account and after five minutes of conversation she threatens me with repo, which I didnt like. So she then says that i have to fill in an expenditure form and i refused saying that i be paying regularily and there was no need. I then get a court summons saying that due to the fact I have not been keeping up with my repayment they were going to ask for repossesion. I havent missed a payment in a year. So i rang them only to be told that because i wouldnt do an expenditure form they would proceed with request. I have two questions

1 can they apply for reposession even though i pay regularily and am now under two months in arrears?

2 do i have to fill in the expenditure form?

[sillygirl1]

You don't necessarily have to fill in the I&E form, but if they are going to court they are going to look very silly, now is the time to request a FULL statement of account for them and start listing all the additional charges that will have been put on the account.

 

I've alerted the site team to your post and somebody will be along soon with more advice and help.

[Surfer01]

I think that if you have kept up with all your repayments and made the effort to redcue the arrears, rooftop are going to look very foolish in court and may have costs awarded against them.

[sharpgun]

i would also like to no this,

Rooftop are saying they are charging interest on charges i didnt think this was legal? and i didnt think they could take you to court over charges?

[sharpgun]

hello any body does anyone no the address to write to for the fos department as i need to get them involved. I have just recieved a witness statement and the main reason they are taking me to court is the charges and interest on charges which amount to more than seven k alone. I dont think this is allowed

[Ell-enn]

Hi, they can only take you to court for arrears on your contractual monthy payments, not charges. Was there a statement showing the charges with the witness statement you got? You'll need to get this before going to the FOS.

 

The possession claim will be easily defended and we can help you with that. What date is the hearing?

[sharpgun]

yes there is a statement, showing all payments. I have just received a letter saying they are looking into my complaint re costs and interest on costs. I spoke to a girl who told me she had been working for just two months at this company as was the other girl who threatened me with repo after two minutes of talking to me. This is all about not saying I will come into a payment plan, they want me to keep too every month. With the previous guy I could pay normal amount plus an amount above what I was supposed to pay, with a bit of flexibilty. But within the last year I went from three months in arrears to 1 month in arrears which I am now. I am of the feeling of going to court and asking for costs. They want my bank statements, payslips, they are ****ing me off, big time. I am working abroad at the time so I will have to pay my own flights back and take unpaid holiday. NOT HAPPY teh hearing is the 19th

[Ell-enn]

Hi, are you able to send faxes from where you are? if so, we could help you write a defence to the possession claim to fax to the court stating that you have, through sheer hard work, reduced the arrears to 1 month and will now have to spend £xxx pounds on travel to the UK for the hearing, not to mention loss of earnings. The court will send a copy of your defence to Rooftop and they may just decide to withdraw the claim when they read it.

[sharpgun]

I have explained all this to the people at rootop to no avail, but you must remember these are kids just out of uni whos only motivation is to impress their boss, they dont care what pain they are inflicting on families. This cannot be right.

Is there any legislation or terms in law which says that banks/societies cannot take court action for non payment if the person they are taking tp court is under two montha in arrears. Also for charges!!!!!!!!!!!! I thought this was against the law?

Edited October 3, 2010 by sharpgun

[Ell-enn]

The recomendation is that you should be no more than 2 months in arrears, but as you have found out, these companies will do whatever they like and hope they get away with it. However, judges usually have no patience with this kind of behaviour and if they were silly enough to continue to a hearing they are going to be on the wrong side of the judge straight away!.

 

There is no case law regarding charges - however your mortgage agreement is to make continuous monthly payments of £XXX and you can only be taken to court for arrears on that agreement. I very much doubt that this will progress to a hearing, they will cancel when they see you know your rights. I suggest faxing a defence statement to the court asap.

[sharpgun]

stateing what?

[Ell-enn]

stating that you have, through sheer hard work, reduced the arrears to 1 month and will now have to spend £xxx pounds on travel to the UK for the hearing, not to mention loss of earnings - also the fact that the figure they claim consists of only 1 months missed payment £XXX the remaining £XXXX being charges and interest on those charges. I can help you draft a statement if you need me to. You would also need to enclose a statement showing the payments you have made to get the arrears down to 1 moth.

[sharpgun]

they said on friday if i supply my bank statements and pay slips they may consider a repayment plan and adjourn the hearing, why should I consider a repayment plan when for the last year I have made regular payments.

[Ell-enn]

That's right, you already are in a repayment plan, you have made regular payments to reduce the arrears. Personally, I wouldn't send bank statements and payslips. They are going to look very bad in court ( if they actually carry on with the claim)

[sharpgun]

i think they will, the people administering the account have not got a clue about court procedure,what they are really trying to do, is to make start paying back those rediculas charges. They charge me £50 pounds for being more than one month in arrears, and they dont even send a letter, How can they justify that?

[lenamartell]

Are you sure they have taken you to court? The Court would send you all details of the claim / case against you. It is a big deal. The claimants (Mortgagees) would have to explain the case against you in full. They would have to show the court any evidence to prove their claim. You both have to adhere to strict timelines imposed by the court. You would be told, by the court, what date you had to have any evidence in by.... Etc., etc... The Mortgagees / solicitors also have to comply with what are called "pre-action protocols" They do not appear to have done any of this???

 

Paying an extra amount towards the arrears each month, on top of your regular monthly payments -

is usually an option that companies are happy to accept - although you will have to complete and Income / expenditure form (so they can see that a. You can afford to make the payments and b. You're not just taking the mick...

 

They might also have offered to allow you to have the arrears added to your loan capital (capitalising the arrears) and paid back over the remaining period of the mortgage? You will end up paying a much larger amount in total - but your actual monthly payment will only increase by a couple of pounds or so... Whatever the option you would need to contact the court...

 

By the way, as defendant you can have the case moved to a court nearer to you... Think I'm rabbiting on a bit now, and it's late so I'll stop, but hopefully you will get the gist....?

[sharpgun]

Has anyone been offered money to redeem there mortgage with rooftop????? as I have,:??? and today, they rang me to say that they would consider more money off if I couldnt raise enough funds.