NWHL Repossession threat

[gprit]

Thanks - the reason I am asking the question is that they say they are NOT paying any interest - so I wondered what the legal position is.

[honeybee13]

Thanks - the reason I am asking the question is that they say they are NOT paying any interest - so I wondered what the legal position is.

 

Well, as I said, my information isn't bang up to date and I guess companies vary. Have they told you why they don't want to pay interest?

 

You could try having a word with the FSA [financial services authority] helpline. I don't know if they would have advice on this.

 

My best, HB

[gprit]

I have now heard from Liverpoo Victoria and they say:

 

"You ask the circumstances of when interest is added to a claim. This is when the delay in settlement is caused by

us, for example we have requested medical evidence, Grant of Probate or a report from the Coroner, etc

We don't pay when it is the claimant who delays in providing us with the requested documentation or do not give us

an instruction of where to pay the funds."

 

No such notice was ever given to me until last week and I feel it is unjustified. In both instances above they would

have had use of those funds to generate interst or reduce overdraft for eleven months.

 

Any thoughts on the best way to challenge this?

[honeybee13]

Hello again. Did you manage to speak to the FSA helpline? That's where I would start.

 

My best, HB

[gprit]

I have put it to them but email response is around 12 days apparently, so am exploring all options.

[honeybee13]

Can't you ring up any more? That's what I did when I had a query.

 

My best, HB

[gprit]

I am abroad at the moment - can give that a try when I return to the Uk....

[gprit]

I have received the above from their solicitors. The property is tenanted and I missed three payments in Oct/Nov/Dec 2010 (although they wrongly quote 2011 on the Court Order) when it was vacant. Since then I have made full payment of the mortgage, apart from £500.

The amount of the arrears is disputed - they claim it is approx £7,500 whilst I maintain it is approx £5,000./ The mortgage is £525,000 and repayment (interest only) is £1720pm. I contested the arrears amount with NWHL in March/April this year and sent them a full list of my payments showing the payments made. They said they would investigate - I have had a few letters since apologising for the delay - the last one being in June when they said they hoped to write within 30 days. I have heard nothing from NWHL since then.

Their solicitors wrote in September that they were instigating proceedings. I responded stating the matter was under investigation by NWHL and that I awaited their reply. Now suddenly I have received a Court Repossession order, seemeingly instructed by NWHL. Before I contact both parties - any advice??? I also intended to take this to the Financial Ombudsman - is that also a reason for dismissing the Repossession Order?

[Lea_HTH]

The only reason for dismissing a claim for possession is if there are no arrears at the time of the court hearing.

 

Whilst you are in dispute with your mortgagee over the amount of the arrears, the level of arrears you accept are still such that they are entitled to start proceedings. If you have the money, then I would suggest you make payment for the amount you are not in dispute about. You can continue your dispute about the amount you have not paid, and if that is the only amount outstanding at the time of the court hearing, a judge will not order possession and will probably adjourn whilst the dispute is resolved. If you are still in arrears for the amount you accept you owe, then you've got a problem - but not necessarily a huge one as presumably you can afford to pay something towards those arrears alongside the CMI.

[gprit]

Thanks for the reply but No, I cannot pay of the arrears - I am now retired and have other debts, on which I am paying a nominal amount each month as advised by the CCCS. Same for NWHL arrears just a nominal sum each month (which I make although they have not accepted). I have been trying to sell the property for some time to repay the mortgage and arrears completely but despite it being accepted the price is reasonable it has not sold because of the economic situation.

I have read that NWHL pledged NOT to seek repossession until SIX months arrears had accrued. They have not handled this well at all and I feel a complaint to the FOS is justified - which I would have thought is justifiable on it's own to delay the Repossession order.

IF I could be assured that it would be sold at a realistic market price I would voluntarily hand it back to them but am not prepared for them to sell it at any price they can get for it and then leave a residual amount owing.

They have now had one whole years full payment since the arrears arose ((via tenants rent) - I would have thought any fair minded person (ie a Judge) would take that into account.

[Lea_HTH]

Thanks for the reply but No, I cannot pay of the arrears - I am now retired and have other debts, on which I am paying a nominal amount each month as advised by the CCCS. Same for NWHL arrears just a nominal sum each month (which I make although they have not accepted). I have been trying to sell the property for some time to repay the mortgage and arrears completely but despite it being accepted the price is reasonable it has not sold because of the economic situation.

I have read that NWHL pledged NOT to seek repossession until SIX months arrears had accrued. They have not handled this well at all and I feel a complaint to the FOS is justified - which I would have thought is justifiable on it's own to delay the Repossession order.

IF I could be assured that it would be sold at a realistic market price I would voluntarily hand it back to them but am not prepared for them to sell it at any price they can get for it and then leave a residual amount owing.

They have now had one whole years full payment since the arrears arose ((via tenants rent) - I would have thought any fair minded person (ie a Judge) would take that into account.

 

Repossessed property never sells at the same level as property that is occupied and not repossessed. Stands to reason really - so if you can avoid repossession you are bound to get a better price by selling yourself, although you have to be realistic about what you are selling for - if it hasn't sold, the likelihood is the price is too high for the current market.

 

Is there any equity in the property?

 

How much longer to run on the mortgage term?

 

Are there other loans secured on the property?

 

How much are the token payments you have been making towards the arrears?

 

If you can afford to repay the arrears at a reasonable rate, then you can make an agreement to do so, and continue to try to sell the property.

 

A complaint to FOS may delay possession, but it probably won't - particularly since you are not disputing the entire arrears amount, just a small proportion.

 

You appear to misunderstand what a judge does - s/he deals with the facts in front of her/him by applying the law. So, whilst you have maintained the CMI for a year, you've made no effort to reduce the arrears - which ultimately is why your mortgagee has started possession proceedings. Token payments towards the arrears will not stand up in court if they will not clear the arrears before the end of the term of the mortgage.

 

To assist you further, you need to answer the questions.

[gprit]

I have received a Court Order to re-possess out of the blue. To recap:

The property is tenanted and I missed three payments in Oct/Nov/Dec 2010 (although they wrongly quote 2011 on the Court Order) when it was vacant. Since then I have made full payment of the mortgage, apart from £1000.

The amount of the arrears is disputed - they claim it is approx £7,500 whilst I maintain it is approx £5,800./ The mortgage is £525,000 and repayment (interest only) is £1720pm. I contested the arrears amount (and other issues) with NWHL in March/April this year and sent them a full list of my payments showing the payments made. They said they would investigate - I have had a few letters since apologising for the delay - the last one being in June when they said they hoped to write within 30 days. I have heard nothing from NWHL since then.

Their solicitors wrote in September that they were instigating proceedings. I responded stating the matter was under investigation by NWHL and that I awaited their reply. Now suddenly I have received a Court Repossession order, seemeingly instructed by NWHL. Before I contact both parties - any advice??? I also intended to take this to the Financial Ombudsman - is that also a reason for dismissing the Repossession Order?

[Ell-enn]

Hi, can you please stick to one thread, you have been receiving advice on this one http://www.consumeractiongroup.co.uk/forum/showthread.php?330140-NWHL-Repossession-Order

[gprit]

sorry about that - started the other thread as I cold not find this earlier one and the replies were very general. What I am looking for is a practical advice/defence/case histories as per original query here rfather than generalisations. thanks

[Lea_HTH]

sorry about that - started the other thread as I cold not find this earlier one and the replies were very general. What I am looking for is a practical advice/defence/case histories as per original query here rfather than generalisations. thanks

 

The help was specific to your situation, and there were questions asked of you to assist you further. You chose not to answer them.

 

Good luck with your hearing.

[gprit]

I appreciate the input but I am looking for specific defences as per reply 31 March. eg

 

1. Is the fact they have not issued a a 15 day notice of proceedings grounds for dismissal?
   
2. Can I claim they have not sought reasonable pre-action alternatives i.e. saying "pay us now" unrelentingly instead of looking at alternatives such as waiting for the property to be sold or using the whole of the remainder of mortage to make payment arrears as per Court of Appeal 1995 Cheltenham & Gloucester vs Norgan?
   
3. Can I claim dismissal on the grounds that they have got the salient facts re arrears wrong in the Application (ie wrong dates/wrong amounts?)
   
4. The fact that a complaint is still under under investigation within NWHL (ie they have not responded despite three letters saying it was ongoing).
   
5. If this complaint is now with the FSA is that grounds for dismissal/postponement.
   
6. ANy other case history in defence.
   

 

thanks

[gprit]

An update....NWHL were granted a Possession order by the Court in March 2012, effective after 28 days.

The property has been sold in September but through agents previously appointed by me, even though they had to liaise with NWHL.

Now, my question is that the local authority are claiming Council Tax for the few months it was empty (after the allowed six months).

I pointed them to the fact that a Court re-possession order was granted in March effective April and that hence none was due.

However, NWHL never offically followed this repossession order through (no locks changed etc etc). Can someone confirm that despite this I am correc t in stating no Council tax is due because they were granted a re-possession order, even if they did not fully act on it.

[gprit]

I had a Charging Order made against me for a property that is now sold. The Court ordered (and it was accepted) that I pay a nominal £1/month to the judgement, and that NO interest was payable. No payments have been missed.

 

The property has finally been sold but there was insufficient equity to pay ANY of the charging Order.

 

NatWest have now written to me (finally, over three months after the sale) to request repayment/proposals to repay (which I cannot do).

 

They do however quote higher figures for the three accounts making up the charging order. What I suspect is that they have added interest not sure if from the start of charging order (Feb 2010) or since the sale. Charging Order £40,117.56....amount now claimed £44,461.

 

Can they start charging interest without any prior reference to me or the Court?

Edited January 5, 2013 by citizenB
formatting

[citizenB]

If the Judgment said NO interest on the judgment debt then they must abide by that or make an application to the court.

 

You might want to send a Subject Access Request to obtain all the date regarding the sale and an account reckoning in order to establish where this extra amount has come from.

[gprit]

That's what i thought - just wanted a second opinion before I respond to them. thanks

[Mike_hawk]

I think it will probably be granted relief if it can show it has provided post judgment s130A notices

 

Have you received any statements since judgment?

[gprit]

Just the odd one or two statements - no interest shown.

 

"I think it will probably be granted relief if it can show it has provided post judgment s130A notices" -- what does that mean (sorry!)

[Mike_hawk]

Hi gprit

 

Link to notices is here http://www.legislation.gov.uk/ukpga/1974/39/section/130A

 

Just meant if it could show it had provided interest notices and went back for another bite to enforce the interest charged it would probably get it.

 

Odd that it has upped the debit balance with no obvious sign of interest being applied? Ratsnest does have a strange way of double accounting its debt book though, see what the SAR throws up and take it from there.

 

Which office/dept within ratsnest sent you the correspondence you mentioned in your 1st post?

[dx100uk]

what were the org debts?

 

dx

[gprit]

Thanks - I had another look through the statements (I am meticulous in filing things!)

The debts consisted of three overdrafts and an unsecured loan.

 

Have had NO statements for the overdrafts at all. Had ONE statement for the unsecured loan covering July 2011 - 2012 no interest added.

No other communication about interest. Letter received this morning is first time I have heard from them since the propety was sold mid September.