Jump to content


  • Tweets

  • Posts

    • Bank the cheque.  No doubt it will bounce - but you never know. When it bounces - that is when you are meant to access their website link and enter your personal details - but of course - DON'T.
    • Wayne Ting, chief executive of e-scooter firm Lime, says there's room for improvement. View the full article
    • If you are absolutely certain* that you were parked OK, write a letter of complaint to the Headteacher and copy in the Chair of the school governors.   If you or the car were identifiable in any way from the photo (eg visible registration number, driver's face etc) I would very politely write that you resent the untrue suggestion that you had parked/had stopped/were waiting in a way that contravened any traffic regulations, and that you are sure that the school will understand that you would like an apology and a correction to be printed in the next newsletter.  (You can also clearly state that you were identifiable from the photo because other parents have mentioned it to you).   See if that works.   You don't want to go to court for defamation as you'll need access to about £10k in fees before you get out of bed.  You just want an apology and a correction.  If what you've told us is accurate, I don't see any reasonable school failing to say sorry.     *My wife is a former school governor and my experience listening to her is that very very few parents actually understand the meaning of the no stopping/no waiting signs and road markings outside schools.  Don't complain unless you are sure you weren't stopped where you shouldn't have been.
    • And they haven't offered a speed awareness course either?  (Have you done one in the last three years or is this in Scotland?)   And is one of the notices for 34 in a 30?  As Man in the Middle says, that ought to be below the level at which they take action.   (And sorry - I don't want to appear preachy - but...  there don't have to be any warnings or signs or lines on the road to advise you of the presence of speed cameras.  If you get away with an exceptional hardship argument you will need to stick to speed limits in future - whether you know there are cameras there or not.  NB Don't know if this applies to you, but most 30 mph limits are restricted roads with a system of streetlighting and don't even need speed limit signs - you are assumed to know this from the Highway Code).
    • It's up to you if you want to pay £300 you don't owe plus whatever Unicorn Food Tax with no basis in law whatsoever that they will have made up in the Letter Before Claim.   We'd prefer you didn't.   But you have received a LBC so it's make your mind up time.   So please    - post up photos of the signage in the dark that you'll have taken two months ago (post 14)    - post up details of planning permission for their signs you'll have found out after you got onto the council, again two months ago (again post 14)    - also let us know if you agree with Brassnecked's excellent letter or if you'd like to tweak bits depending on what you've found out    - upload the LBC.  Some of them are appallingly drafted and invariably contain Unicorn Food Tax which is all useful extra ammo    - also, where are you living now (post 35) and are you comfortable with legal communications arriving at your parents'?   If you look in our PPC Successes thread at the top of the page, you will see 275 times these cheats have been seen off with their tails between their legs (and all had the same "well known legal companies" (ho! ho!) on hand).  In reality 275 times is a massive underestimate, in all 275 cases there was a "moment of victory" IYSWIM where the PPC were thrashed in court or discontinued a claim or were called off by a supermarket chain, etc., etc.  There will have been at least that number again where they were told to Foxtrot Oscar and then crawled back under their stone.  They are eminently beatable but logically when you're in legal dispute you have to put some graft in to beat the other party.
  • Our picks

Overdraft on a mortgage - help needed urgently!!!!!!!!


Please note that this topic has not had any new posts for the last 3373 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi, to be honest the judge's hands will be tied somewhat as the hearing will be to determine how the current arrears are to be paid. If you are unable to maintain the normal monthly payment then it is obvious that the arrears will increase rather than decrease. There is always the option of putting the property up for sale and asking for time to sell while making reduced payments, but you would have to show proof (estate agents contract) that it is indeed for sale.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

I think that's good advice from Ell-enn. If it seems inevitable that you can't stay in your home it is much better to try and sell it yourself, on your terms, and ensuring you get the best possible price. At the very least it buys you some time.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Sounds like you have what is known as an all monies charge in your mortgage - which means any other lending the mortgagee (Woolich/Barclays) have given you is automatically secured against your house. Since overdrafts are usually payable on demand, if you fail to pay them when they ask for it, they will do exactly what they have done, go for possession.

 

The complexities surrounding an all monies charge aren't readily understood by many people - if it relates to an unsecured loan, a credit card or similar, then the court retains the power to suspend any possession order under s36 of the AJA1970 and s8 AJA1970 (there is more to this, but I am sticking to layman's terms). But where the money lent relates to an on demand overdraft secured by an all monies charge, then s36 and s8 do NOT apply. But, that said, the court retains the discretion to adjourn or suspend a possession claim if there is a likelihood of the overdraft being paid off in a reasonable period.

 

s8 AJA1973 specifically does not generally apply to an on demand overdraft, but the court can still exercise its discretion under s36 AJA1970. You need to check your agreement for the overdraft to see if there is reference to deferment of principal.

 

Your defence is going to be complicated in the sense that you will have to raise the above information to the judge, otherwise the otherside are going to push on the all monies charge issue.

Link to post
Share on other sites

Thanks Lea...unfortunately, I am confused by this twist. They haven't provided the agreement despite many requests so it will be difficult to get anything done on that angle b4 tuesday. So I have pointed this out in my statement and will keep the ss.8 & 36 in my war chest.

 

I thought because the other lending was on a OD, the Coutts v. Seb case might come in useful? Do you have any thoughts on this?

Link to post
Share on other sites
Thanks Lea...unfortunately, I am confused by this twist. They haven't provided the agreement despite many requests so it will be difficult to get anything done on that angle b4 tuesday. So I have pointed this out in my statement and will keep the ss.8 & 36 in my war chest.

 

If you use these sections you MUST understand what it is you are asking the judge to consider - it is for him to use his discretion to allow you time to repay the OD, even though it is an on demand repayment facility. You can gain an adjournment by informing the judge that you have requested sight of the agreement and have not yet received it yet. The judge will direct the other side to provide you with a copy.

 

I thought because the other lending was on a OD, the Coutts v. Seb case might come in useful? Do you have any thoughts on this?

 

It is impossible, without the full facts of your case, and sight of all the relevant paperwork (most notably whether this is in fact an all monies charge or not) to ascertain which case law may or may not be pertinent to your case.

Link to post
Share on other sites
I have a book containing terms and conditions (far too big to copy & post on here) - any idea where I should be looking? Is there likely to be something stating 'all monies charge'?

 

Your mortgagee is OBLIGED to tell you, if you ask, whether there is an all monies charge clause in your mortgage agreement. Ask them. It would be difficult for me to tell you where in your booklet to look, or what wording to look out for, as it won't necessarily be the same for all mortgages. But, they do have to tell you, and they can tell you the exact paragraph it is contained in. If the wording is ambiguous, then you will obviously be able to claim that it is not readily understood and is therefore an unfair term - though this of course won't work if the wording makes it clear what it means (they usually do).

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...