Engage Trying to evict me- Help+ lots of Fees to get back ! EVICTION STOPPED

[Pupter]

Hi

 

Sometime ago you all helped me get a suspended possession order. When I went to court the Judge looked through our finances and said what I was offering per month was a little too generous so he fixed a figure of CMI plus £170 per month.

 

We have been paying this faithfully ever since and have never missed a single payment if CMI or arrears amount. The mortgage company have been absolutely fine until end of last month when I went to pay my mortgage. Suddenly I was told my agreement had come to an end and they were looking at us to increase our payments to clear the arrears sooner. I said nothing has changed I cannot pay any extra. The person said I would have to fill in new I&E forms and they would review it.

I have now received what I would call a threat-o-gram. In it they state fill in the forms and return with supporting evidence within five business days or "we will expect a payment to clear the remaining arrears within 5 working days"

 

They then mention about me incurring a fee for every month I'm in arrears, well we haven't been charged one all this time, but it does add "Where a performing arrangement fee is in place we will waive this fee"

 

Can they do this? Surely the arrangement, as put in place by the judge, stands until and unless I either clear the arrears or I default on payments?

 

Can they suddenly demand more if the Judge set the figures as per our I&E which hasn't significantly changed?

 

I must add the arrears are due to be cleared completely within the next 5 months so this seems a bit daft to start fussing about it now. But what should I do!

 

Thanks

[Desperate Daniella]

I'm sure Lea or Ell-enn will help you here, but they generally come on later in the day.

 

If you have a Court Order it is not up to them to change it, unless the Judge stated that there could be a review after a specific time period, but from what you say the Judge would have worked out that the arrears would all be paid off in the period due to end in five months' time?

 

I'll make sure Ell-enn or Lea sees your thread later.

 

DD

[Pupter]

I'm sure Lea or Ell-enn will help you here, but they generally come on later in the day.

 

If you have a Court Order it is not up to them to change it, unless the Judge stated that there could be a review after a specific time period, but from what you say the Judge would have worked out that the arrears would all be paid off in the period due to end in five months' time?

 

I'll make sure Ell-enn or Lea sees your thread later.

 

DD

 

Thank you, as far as I remember there was no review on it and the first I heard there would be was when I phoned to make my payment, it was almost has if they though 'oh this person has been paying without problems,we can't have that' and decided to fiddle around with it. I am confident that having paid it for so long without problems we will make the final 5 no problems, so what are they trying to do? Grab my house now before they lose their chance AND they aren't exactly playing fair Re they, only giving me 5 working days to write and send them an I&E or pay the full arrears?

[Desperate Daniella]

So the arrears outstanding are £850 and you've paid as the judge ordered. Of course they would love to grab your house, which is why they are stirring things up now. As Lea said on another thread recently, you won't lose your house for that amount of money, especially as you've been paying as agreed.

 

Wait to see how she or Ell-enn suggest you should reply.

[Lea_HTH]

Daniella is spot on: they're not in a position to think they can usurp a court order. Bad form on them for trying to even suggest that to you.

 

Write to them - inform them that there is a court order in force allowing you to pay CMI plus £170 per month towards the arrears and that if they wish to vary this court order, that they will need to return to court and ask the judge to vary it. Tell them that they are not in a position to do this unilaterally and that you take their attempt at misleading you into believing that they have this power as unfair and will report any further such attempts to the relevant financial ombudsman. Tell them to treat the letter that you write as an official complaint which requires a response within 14 days from the date of the letter and that you will reclaim any charges they illegally add to your account as once a court order is in place they are not at liberty to add charges unless the order is broken (which it has not been).

[Lea_HTH]

Oh, and try not to worry - you've done well keeping to the court order, so even if there was a blip now with a missed payment, the court would take into account your excellent attempts at reducing the arrears, rather than pay too much attention to the fact that you've had a minor blip.

[Desperate Daniella]

That'll tell 'em.

[Pupter]

The reason we got behind originally was because we had both within the space of something like two months been forced onto reduced hours at work on a temporary basis. We always made clear that it was short term due to the needs of our work in the tough financial times. But we paid the CMI and arrears then and haven't missed a payment ever since. So we have proved it was a short term problem and we're ok but £170 is a lot to find each month so I can't really afford more than that, even though I'd be happier to clear the arrears even quicker.

 

Quite bizarre, to me there must be people far easier to chase than us!

 

So I should write to them within the 5 working days they mention just to be safe and state the above? Thanks, I will get onto it right away.

[Desperate Daniella]

You are safe anyway, but you should definitely write as Lea has suggested and give them some grief back.

 

They have made you worry unnecessarily so you should let them know that they are seriously out of order.

[Lea_HTH]

You are definitely safe...don't worry, they can't do a thing without the agreement of the court and on the facts as you presented them, they simply won't be able to persaude a court that you should pay more, or that they be allowed to execute the warrant.

 

Yes, write to them.. No reason to be courteous and give the standard 14 days for a response since they haven't bothered to allow you even a week.

[Pupter]

Thanks. It is worrying to receive a letter like this, especially when we have been vigilant in paying every month since we got back on track. The end was in sight of all the arrears business until this letter arrived. Makes me wonder what their next attempt will be!

[Pupter]

Just had a phone call from them. No mention of their letter, they said they just wanted to check all out details are the same. So they are sending it off to the team to confirm our arrangement is still in place...er...it's a court supported judgement so how can the mortgage company not agree to it?

 

Then he asked me if we had ever tried to sell or were planning to sell in the future. Why suddenly mention this? What are they planning by asking this? We're they trying to see if I'd say, "no but it would be easy to sell" and then they would try and evict me. I don't know what to think now.

 

Do they think their threat-o-gram didn't work so they will try a different tactic?

 

Any thoughts?

[Desperate Daniella]

I have no idea why he's asking you about selling. I hope you just said "No". It's not his business.

 

Maybe they have a dodgy manager who likes the look of your house?!!!!!!!

[Pupter]

Hi,

 

Please can someone just confirm whether a mortgage company can add anything to the arrears balance other than actual arrears?

 

I was in arrears (now cleared) so had to additional balance amounts other than the main mortgage account, one fees balance and one arrears balance.

 

Each month I was paying off the arrears then suddenly the balance was going up each month slightly. It seems even though I have my own buildings insurance they were charging me for their own version. As I refused to pay for this insurance when I made my monthly payments and arrears payment they decided to add it to my arrears balance. Is this legal?

I have sent them several documents proving I have the insurance which they were happy to accept last year. Are they in the right!

[BRIGADIER2JCS]

Apart from the fact you cannot be insured for the same risk twice, if you have sent proof of cover they should not continue adding the charges.

 

I suggest a Formal Complaint Letter to director level of the mortgage provider, this must be properly investigated and responded to within 56 days.

 

Use recorded signed for post check date delivered, Do Not use an address with a PO Box Number.

[Pupter]

Apart from the fact you cannot be insured for the same risk twice, if you have sent proof of cover they should not continue adding the charges.

 

I suggest a Formal Complaint Letter to director level of the mortgage provider, this must be properly investigated and responded to within 56 days.

 

Use recorded signed for post check date delivered, Do Not use an address with a PO Box Number.

Thank you, I was sure this couldn't be right. Plus they are charging me £51pm for just buildings cover. I'm getting insurance including contents and accidental cover for half that! Greedy, grasping idiots! I'll take your advice and get writing. Thanks.

[dx100uk]

put in a claim for the excess buildings insurance

 

and don't forget at THEIR int rate too.

 

and if they've added any PENALTY [arrears/letter/late/phone call] fees

get them back too!

 

dx

[dx100uk]

can we guess who this is please ?

 

I think I already know/

 

dx

[Pupter]

can we guess who this is please ?

 

I think I already know/

 

dx

Engage

[dx100uk]

ah so its ben sold on

 

engage buy mortgages that have had problems or firms books that have closed.

 

who was the original with?

 

dx

[Pupter]

put in a claim for the excess buildings insurance

 

and don't forget at THEIR int rate too.

 

and if they've added any PENALTY [arrears/letter/late/phone call] fees

get them back too!

 

dx

The premiums have just sat there while the arrears were being cleared.

 

Each month I paid the amount I agreed with the SPO to clear the arrears

but they were using £51 of that each month to pay off these premiums,

which I don't think can be right.

 

So could I actually claim any interest back or just a refund?

 

Another question actually now I think of it. Now the arrears are cleared do I need to do anything/should they do something to show the arrears are cleared? I mean does this mean the Suspended Possession Order is now voided and do I need to get proof of that so they can't ever try anything in the future?

I don't foresee any future problems as this was from a time when we were both on reduced salaries. I am so pleased we are arrears free at last.

[dx100uk]

yes of course you can claim back the payments at their int rate.

 

I bet they've levied it on you.

 

CISheet v101.xls

[Pupter]

I am resurrecting this thread because I have been looking at all my old statements today and

 

 

it definitely shows their buildings insurance premiums being added every month (which I refused to pay)

 

 

so they kept adding them to the arrears balance.

 

 

The refunds were made but sometimes months and months later, so I would imagine I was charged interest in the interim.

 

Additionally, when we had some financial difficulties a few years ago, this lot were charging us a lot of arrears admin fees etc.

It got to the point of litigation.

 

 

Up until then the statements show one debit each month for the interest charge (it is an interest only mortgage)

but after the solicitor costs went onto the account things changed.

 

 

Since then it shows interest charge for each month and then underneath that 'Additional interest charge' of around £35 - 40 every month.

 

 

Our account was in arrears for months before hand and no additional interest charge appears,

then suddenly post the court case, additional interest is now a separate charge,

which gradually reduced as the arrears did (now long since cleared completely)

There is still a fee balance of the account but no arrears anymore.

 

What is that additional interest thing?

[dx100uk]

int on the arrears and penalty charges and sols fees

 

 

they cannot do that.

 

 

dx

[Pupter]

int on the arrears and penalty charges and sols fees

 

 

they cannot do that.

 

 

dx

Well every month it's there for a year or more. Averaging around £35 pm. When they refunded me some of the buildings insurance premiums this came off the arrears balance. But I didn't think it should have ever been added to the arrears balance in the first place?

 

So would these amounts be claim able too? I'm sorry to ask but I find this all very confusing.