URGENT - Help Needed

[helpme23]

Thank you all for your help and support, i am going to attend in the morning. The mortgage company said they would fax over a letter to say they would stop the eviction. They have just sent over a blank page, so im wondering if they have done this so they can prove they sent me a fax? May sound like a conspiracy theory, but cant believe a mortgage company doesnt know how to use a fax machine.

 

Very interested in the charge situation, as this seems to have been common place on the account for at least the last year! In just over one year i have paid close to £2000 in charges?

[newstarter]

Well done for not backing down,believe me do not trust them,ellen is spot on when she says communication is poor,ok as for the charges,you may have heard that in june of this year the financial sevices authority (fsa) fined a lender,gmac-rfc for over charging customers in arrears with their mortgage,they were charging 45 pounds a month on each mortgage account with overdue payments,this 45 per month was disproportionate to the cost of processing the accounts,in other words gmac were overcharging for work carried out and advised customers to reclaim those charges back,it sounds very much like you have been unfairly charged by your lender,and could claim those charhges back,this is something i did myself and i won my case,however lets get tommorrow over with first,remember tommorrow will be about the arrears and and your payment plan going forward.

[Ell-enn]

Hi there, did you put in your statement for Q.10 of the form that the arrears figure they quoted included charges and is therefore not a true reflection of the situation ?

[helpme23]

Hi there, did you put in your statement for Q.10 of the form that the arrears figure they quoted included charges and is therefore not a true reflection of the situation ?

 

Hi Ell-enn, Yes i did...

[Ell-enn]

Hi there, who's the mortgage company?

 

Just as an example of how bad lenders can be at communication you might want to read page 2 of this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?282746-Capstone-restored-possession-hearing.

[helpme23]

Capstone (Southern Pacific)

[Ell-enn]

Thought so !

 

Read my earlier post

[helpme23]

Thought so !

 

Read my earlier post

 

Just have! Wow, im so happy i didnt take their word for it! Sounds as if this is common practice for them, i must say when they spoke to me they were adament i shouldnt attend court becuase "I would increase my own costs and place myself in a worse situation", to be honest i just didnt believe what the woman was saying to me...

[helpme23]

Is it worth me printing the thread off and taking it tomorrow, so i can show the mortgage company have a history of this, just in case their solicitor turns up?

[newstarter]

Yes Capstones have an aggresive repossession policy,last year over 10% of all evictions were carried out by this lender and they are currently being investigated by the financial sevices authority afer a report published in the Sunday Mail,they have offloaded over 20% of their mortgage book through some underhand methods.So now you know what you are dealing with dont let your guard down with capstones.

[newstarter]

I wouldnt bother if i were you just concentrate on your payment agreement for now and getting the order suspended.

[helpme23]

Okay, i will let you all know tomorrow how it goes, and hopefully if its in my favour, i will be asking you about these charges!

[Ell-enn]

Stay positive - it will go in your favour and I've got a template letter you can use to start your claim for refund of the charges.

[helpme23]

Hi Guys,

 

Just got back from Court and the Judge suspended the order. They did turn up, even though they said they wouldnt, that said their agent approached me before the hearing and agreed with my offer and accepted it... so seeing the judge was really just a formality.

 

Now on to the charges... were do i start!

 

Thank you everyone who has helped!

[sillygirl1]

Go to court whether or not the mortgage company accept, and you can use the fact that they are playing games. The number of times I fell for 'sign this, it is just a formality' makes me cringe now.

 

I bet they won't send somebody to court and you can also ask for the case to be dismissed - and don't forget to get a certificate of satisfaction out of the court as you had paid the original arrears off - that will stop them short circuting the system again.

 

Listen to our Ell-enn, she is an expert at this.

[newstarter]

Right,you should get a letter from the court in a day or so stating that the order has been suspended,well done,another person that can sleep easy this christmas,now i think ellen has a tenplate letter you can send to your lender concerning unfair charges with regard to claiming them back,i did a subject access request (sars) to my lender and calculated the charges over the mortgage term to that date then sent a request to have those charges refunded,by law they have to reply within 30 days,it costs you a tenner but every peice of information they hold about you and your account must be sent to you by that period.I spent a full week looking through all the paperwork and adding up the charges,believe me its worth doing you wouldnt believe the information they can hold about you,but anyway well done.

Edited November 18, 2010 by newstarter
spelling mistake.

[helpme23]

Hello Again! Landed myself back in the same situation. I have been unable to make any payment as the judge ordered and have now just received a second eviction date for the 9th of Febuary! Is their anything i can do? I dont suppose the judge will see that i havent made any payment at all in a good light?

 

I based my proposal on my wife returning back to work in January, it now appears she wont be back at work for atleast another 18 months, my expenditure is way above my income, although we are waiting for a decision on some benefits which may help the situation.

 

Feeling totally lost, dont know what to do and very worried!

[helpme23]

Can anyone help?