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Eviction Order Suspended - Help Required in Merging Outstanding Arrears In Mortgage Account

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Dear forum members,


I am defending the eviction order for the last 4 years now.

In 2007, I was 6 months late in repayments and hence Bank of Scotland acquired eviction order, which was subsequently suspended as I appealed in the court. The arrears outstanding were around £14,000 of which £6000 were the charges.


About 9 consecutive payments later, I defaulted again. The bank’s solicitors applied for the eviction order again. I appealed but judge did not grant any relief. However, bank asked for £5000 before they could even think of stopping the eviction. I arranged and paid and bank stopped the eviction.


Ever since, I am regular and even pay a few quids extra on top of the regular payments. But back in June 2011, I started receiving letters from bank’s solicitors demanding the outstanding arrears. When I called BOS collections, they informed that they have the right to ask for the arrears whenever they want. According to them they reviewed my account and decided to make the demand.


I appealed in the court again with all evidences that the repayment is regular for the last more than 26 months. On the hearing date (last week) bank solicitors did not turn up and Judge accepted my appeal and suspended the order. She also ordered to make regular payments which I am already making.


However, Judge did not comment on my request that arrears be merged to the mortgage account. I had also made this request back in 2008, even then court had not commented on this.

I am not sure whether or not the procedure is correct for the request of merging the arrears into mortgage account through court. Perhaps I need to ask bank directly.

Please help me in writing a letter that I can send to bank asking them to merge the arrears and also to ask them to provide all the outstanding arrears details and composition.

I would be grateful and appreciate any help and responses in this regard.


Thank you in anticipation and best regards,



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