Lloyds TSB Mortgages - in court tomorrow - need urgent help!!

[gideonssword]

Thanks Brigadier,

 

I will contact court tomorow, and enquire about getting a copy.

[sillygirl1]

CCJ interest is usually 8% - what company is involved in this>

[gideonssword]

HL Interactive on behalf of Lloyds TSB.

 

My understanding is that with a mortgage shortfall they cannot apply interest after 6 years,

my home was repossessed in February 1999

but there was no contact with Lloyds TSB until September 2005

and they only got a ccj on me in September 2006

[sillygirl1]

That is naughty of Lloyds TSB, you can claim under the mortgage code of conduct this was unreasonable behaviour. How much was their alleged shortfall?

[rdm2006]

Lloyds are members of the Council of Mortgage Lenders. Under the CML Code of practice they did this 7 months too late (if the dates are correct)

[sillygirl1]

Did they get this via Judgement by Default?

[gideonssword]

They must have got a judgement by default, i was a coward and so afraid i never even defended the action at all i had never even heard of this CAG

 

I wish i had the confidence then and the knowledge that i have now, i am contacting court to get a copy of CCJ to see if interest was granted the shortfall after CCJ was 17571

 

Am i correct in assuming that in Contractual interest the creditor has to inform you that they are applying it?

 

Its been a long time but every day of my life i wish i had a time machine to go back and deal differently with this, Currently i have just over 4 years to go in payments, if i got the interest knocked off it would cut 2 years off so there is a lot at stake.

 

Thanks to everyone for your advice you are such an encouragement to me.

[rdm2006]

More to the point, it is possible that an account which should now be "dead in the water" has been revived.

 

Not sure if you can do anything about that now. From the words "I was a coward and so afraid" you may not have been mentally capable of dealing with this at that time. Not sure if this would be enough grounds to have that set aside.

 

Perhaps someone in the know may be able to help you there..................

[gideonssword]

I have found out today from a Land Registry search that after we were repossessed in February 1999 the House was sold at auction on 27th of August 1999.

 

When i get a copy of the CCJ from the court if it shows that they could not add interest to it after judgement then is it Lloyds TSB fault or HL Interactive solicitors?

 

I suppose its immaterial really because they were out of time anyway to add interest, i will draft up letters to the relevant financial regulating authorities the more weight i can put behind my argument the better.

[sillygirl1]

Good old HL (Illegal) again (or rather now Inactive.....) they always seem to 'go their own way' and manage to make the most of someone's misery.

 

If they have been adding interest (and for a mortgage shortfall it should only have been for the first six years) then they are being VERY creative with the rules.

 

Do not let them slide out of it by letting them say it is a 'technicality' as it is NOT.

[gideonssword]

Thanks silly girl.

 

When i get a copy of CCJ if it shows interest could not be added after judgement i may report them to a Solicitor regulating body, they need to taking down a peg or two.

[gideonssword]

!!! GRRR !!! So frustrating, the court cannot provide a copy of CCJ so that i can determine if the judge allowed interest to be added after judgement,

 

The court told me that if i write in they will try to get the information i want but as it was 2006 and filed under an old system i have no chance of getting a copy of CCJ.

[AndyOrch]

Hi gideonssword

 

Try here:- http://www.trustonline.org.uk/

 

Regards

 

Andy

[cerberusalert]

Are you sure the CCJ was obtained in Sept '96? The courts don't normally archive them under six years old. You can check online with trustonline which will cost £4.

 

If it's older than six years they cannot enforce it without a courts permission & that's rarely given.

 

If it's less than six yrs you can apply to have it set aside as you did not receive the paperwork. In that case they would have to reapply for a CCJ and you can challenge it on the basis of the six year rule agreed by the CML.

[gideonssword]

Thank you.

 

The CCJ was obtained at manchester county court on 22nd of September 2006 what i now want to do is check if the court granted permission for interest to be added after judgement, been banging my head against a brick wall trying to get a copy of CCJ as they said its now filed under a new system.

 

The court have told me to put in writing what i am after and they will seek out the information regarding interest added after judgement.

 

Thanks Andy i tried trust online but all that gives is a case number and date of CCJ it does not answer that critical question regarding the interest.

 

as posted earlier it should not make any difference to me because Lloyds TSB were out of time to apply for interest after judgement, i have contacted the Financial Ombudsman and they are going to send out a form to fill in and they will investigate my complaint.

[gideonssword]

My burning question is did HL Interactive get interest after judgement for themselves or is it down to Lloyds TSB nothing suprises me anymore.

[AndyOrch]

My burning question is did HL Interactive get interest after judgement for themselves or is it down to Lloyds TSB nothing suprises me anymore.

 

They only get what it says on the judgment.

 

Andy

[gideonssword]

Thank you Andy.

 

Well here i go again, delivering my second letter to the court today in the space of a week trying to get the information i need.

 

If i get no joy is it the ministry of justice i complain to if they will not provide the information?

[gideonssword]

I have a piece of paper from the court which clearly shows interest being added only up to the judgement, i think i will ask the solicitors regeulation authority to look into this, i am convinced HL Interactive have been dishonest regarding applying interest.

[AndyOrch]

Hi Gideon

 

I don't suppose you have copy of the original agreement? This would be fundamental once you do get details of the judgment to see if and what interest pre and post is allowed.

 

Regards

 

Andy

[gideonssword]

Thanks Andy,

 

i do not have a copy of the original agreement and i no longer trust HL Interactive to give me a true copy of the original.

[gideonssword]

In a mortgage shortfall where the judge ordered me to pay £17517 does it have to state in the original Mortgage agreement that interest can be applied after judgement or not?

 

I telephoned Lloyds TSB today to request a balance and it is £7000 less than what HL Interactive say i owe who are managing the debt on behalf of Lloyds TSB

 

I know that HL applied lots of interest after judgement at 8% but who gets that money, is it Lloyds TSB or HL Interactive

 

Should my next move be to write to Lloyds TSB to request a copy of the original mortgage agreement?

 

When i spoke to the lady from Lloyds TSB on the phone i asked, could interest be applied after judgement she said no, then i asked are you sure she then said let me ask a colleague after a brief pause she came back and said it can but this does not explain a balance lower than what HL Interactive say i owe, the balance Lloyds TSB gave me is a balance without any interest added after judgement.

 

Confused !!!! I certainly am lol.

[BRIGADIER2JCS]

Yes get on to LLoyds and make a formal request for

the information regarding the post contractual interest.

[gideonssword]

Thanks Brigadier,

 

I sent a letter by recorded delivery to Lloyds TSB asking for a copy of the original mortgage agreement to check for myself if post contractual interest can be applied after judgement.

 

Is there a time limit to which it can be applied? we had our home repossessed in February 1999 but the court hearing for the shortfall was September 2006 a gap of 7 and half years, i may go along the financial ombudsman route of unfair practice as i discovered that in a statement in 2001 Lloyds TSB as part of the council of mortgage lenders would only pursue interest up to 6 years after repossession.

 

Thank you.

[BRIGADIER2JCS]

I'm not sure but would think it would run until the judgement is satisfied.

 

I suggest requesting a statement and complete breakdown of the account to date.