Desperately need advice High f/r mortgage but still paying something, Barclays seeking warrant for possession

[Emmr75]

Hi,

 

I’m desperately in need of any advice as I can’t find any help at all.

 

Barclays bank have executed a warrant for possession due to a possession order granted on August 16th 2011 which was dated for 31st Oct 2011. I made every effort to negotiate with Barclays prior to 31st Oct to try and come to some agreement but all offers were rejected. In fact, during one telephone call the person I was speaking to was so condescending and patronising I felt completely humiliated.

 

Our problem is that we are stuck in a fixed rate mortgage until 2017 at an interest rate of 5.24%. The bank took it upon themselves to change our mortgage terms and increase the length of the mortgage and add another 13 years which reduced our payments by less than £200 but almost doubled the length of our mortgage. After many request the bank finally changed the terms back to the original agreed terms, but to date that is the only option that the bank have offered us in terms of finding a solution. In one conversation I asked whether it would be possible to take a break form the fixed rate period for a year and add a year to the term but I was told, quite harshly, that we had signed a contract and that we can’t just chop and change when we felt like it!

 

To rub salt into our wounds when the bank wrote to us advising us that the terms had been changed and that our mortgage had been extended for another 13 year they informed us that “after 30/04/2017 a variable rate, which is 0.95% above base rate (currently 0.50%) to give a current rate of 1.45% will apply to this loan and assuming rates do not change (our) new payment would be £674.42”, our current mortgage payment is £1503.89 a month. I asked the bank if there was any chance that we could take a break from our fixed rate mortgage for a year but they said NO and to date they have not offered any solution to try and help us other than we need to pay the full amount each month plus a bit towards the arrears, which we can not do.

 

We are currently receiving income support and I am in receipt of carers allowance as I am the main carer for my 18 year old step-son who has a rare chromosome disorder, is autistic, and has severe learning difficulties. My 13 year old daughter is also registered as a young carer with Surrey young carers, therefore we are in an extremely vulnerable position.

 

I wrote to Barclays solicitor on 31st Oct as I was extremely concerned that eviction from our home was imminent. I expressed my concern for my family and once again asked if it was possible for a break from our fixed interest for a year. I also told them of my disgust at the way I was treated by one of their employers but to date we have received a reply or even an acknowledgement back from the bank. I did receive a short email from their solicitor’s saying that the file was now closed and my email had been forwarded on to Barclay’s, but that is all.

 

Since August my mum has been kindly paying £800 straight into our Barclays mortgage account and since Jan 24th we have been in receipt of mortgage interest support which pays £496 directly to Barclays. My mum however, has missed two payments as we suffered the devastating news my nan had taken a turn and she would not recover. My mum was understandably distracted for a little while. Unfortunately my nan passed away at the beginning of Feb, and I explained this to the bank on the 9th March but they seemed uninterested, as well informing them they would receive payment within 3 days for £1100. They received payment of £1100 on Monday 12th March.

 

 

Since December we have not received any correspondence from Barclays bank, not one letter, in fact I only realised last week that we haven’t received any bank statements either since November. When I told Barclays that we hadn’t received any letters from them since late November I was told that letters were sent out and that there must be a problem with royal mail. When I asked if someone could check to see if the letters had definitely been sent, the woman I was talking to replied “I can assure you they were sent” to which my reply was “I can assure you we have not received anything. I was told that the letters would be resent but we still haven’t received anything and that was two weeks ago. We had no idea that the bank were starting action again and we we have no way of knowing how the bank have calculated our arrears.

 

 

What I find hard to understand is that although we are unable to meet our mortgage repayments at the moment we don’t expect to be in this position for long. My husband has a plot of land that is in the process of getting a change of use certificate, and the decision date for the application is the 26th March. If a certificate of lawful use is awarded then my husband has a contract in place with an asset management company who will attempt to get planning permission to develop the land and sell it to a developer, but whilst planning permission is being sort the asset management company will pay my husband money per month which will mean we will have enough to pay our mortgage

 

The bank are fully aware of the situation with the land but are still going ahead with the warrant for possession. The effect this is having on us on a personal level is becoming extremely hard to cope with. Our family life is extremely difficult on the best of days as my step-son has quite complex behavioural problems that dominate our every waking moment. Having to deal and face the reality that we may be loosing our home is so stressful that it is effecting how we are able to cope with my step-son’s need causing everyone’s stress levels to be raised. The worry is becoming a strain on everyone’s wellbeing that I can’t seem to be able to focus on there being any sort of positive outcome. The thought of loosing our home is unbearable. My step-son will soon be leaving the safe environment of his school and this is a dramatic change for him. He is very anxious about his future and if we were forced to move his anxiety level would become extremely high which is not good for him or us. In order for him to have any chance of adapting and having a successful transition to adult life he needs stability in his home life. Any disruption to his life now could have a detrimental effect on his ability to deal and cope with the already anxious time he is going through.

 

I’m so sorry for such a long winded letter but I thought it best to try and give you as much information as possible and to see if there is any advice you can give me.

 

Thank you in advance,

[Lea_HTH]

How many years/months (exactly) are left on the term of the loan?

How much was the mortgage for/how much is left outstanding?

Is your current payment interest only or repayment?

How much is the property worth?

How much are the arrears?

How much is the current instalment (CMI)?

How much of the CMI can you currently afford?

Exactly how long do you think it will be before you can afford the full CMI?

 

The above questions require only very short answers.

 

When the original possession order was granted, how much were the arrears at that time?

Did you receive any contact from the local authority with regards to the Mortgage Rescue Scheme?

[Emmr75]

Hi thanks for the reply.

 

To answer your questions

 

How many years/months (exactly) are left on the term of the loan? 15 years left with 5 being at fixed rate However, having just looked at the paper work the letter informing us that our mortgage has been reverted back and our mortgage will mature 16th April 1927?

How much was the mortgage for/how much is left outstanding? The original mortgage was £279000. I'm not sure how much we now owe as we haven't received any info at all from Barclays, but our last mortgage statement says £278592, and this was back in Oct, not sure what the figure is now with added interest and fees?

Is your current payment interest only or repayment? The mortgage is part repayment part interest only. £160000 was interest only and £119000 was repayment.

How much is the property worth? £400000

How much are the arrears? The arrears were around £15000 in August but in the letter from Barclays solicitor dated 29th Feb they say the arrears are £18058.

How much is the current instalment (CMI)? The current monthly instalment is £1503

How much of the CMI can you currently afford? At the moment we can't afford anything, we are living close to the breadline but my mum has offered to help with a payment of £800 per month, which she is paying directly to Barclays.

Exactly how long do you think it will be before you can afford the full CMI? If all goes well with the planning decision we should be back in a position to pay as early as April.

 

The above questions require only very short answers.

 

When the original possession order was granted, how much were the arrears at that time? Just over £15000

Did you receive any contact from the local authority with regards to the Mortgage Rescue Scheme?

Our local authority did contact us and I was told that we were not entitled to any help as we had too much equity.

 

Thanks once again,

Emma

[Lea_HTH]

If the repayment element of the mortgage was changed to interest only, how much would that reduce the CMI to? This is an area that the mortgagee could have explored with you - under the pre-action protocol they should have considered whether a period of interest only could have assisted your circumstances. Make a request to them in writing asking that they change that element to interest only. They will have ten days to either accept or decline your offer in writing.

 

Contact the local authority again. Whilst you do have a good amount of equity in your property, this does not actually exclude them from being able to assist you, particularly since you have two children in the house, and one with disabilities. You will need to make an application, so do not be put off by someone saying 'you can't apply' - get the form and MAKE the application. In addition to this ask the local authority to supply you with a letter on headed paper stating that they have received an application from you and are considering it.

 

Your biggest hurdle is that you cannot afford the CMI at present, and the offer you can make is about half the usual payment. This isn't great news as it shows unaffordability - however, you do have a good amount of equity in the property, and if you can show that your current circumstances are only temporary, and that there is proof of more income in the near future, then you could ask the judge to consider the fact that there is no prejudice to the mortgagee by waiting for a few months more, as there is equity in the property (Administration of Justice Act 1970).

 

Once you are in a position to pay, you will need to pay the CMI plus an amount off the arrears, which will clear the arrears before the end of the term of the mortgage, which by my reckoning would be around £110 per month (this is slightly higher than the figure that the court would start with). If you can maintain those payments, then you have a good chance to stay in your property. However, that hinges on planning permission, which may be denied or delayed - so you'll need something in the interim with which to persuade the judge that you can afford the mortgage - and this is why my first paragraph tells you to contact the mortgagee and ask for a reduction to interest only in order to reduce your current payment.

 

What contingency do you have if the planning permission fails? Are you prepared to sell the property?

[Emmr75]

Thank you so much for your advice, it really is a great help.

 

I received a letter today that was supposedly sent in the 16th Nov but we have only just received it. The letter is in response to an email I sent their solicitor on 31st Oct. As already stated we are not receiving any correspondence at all from the bank, and the only reason I believe the letter has finally arrived is because I sent an email to their solicitor on the 16th March informing them that their client had still not responded to my concerns raised in the email dating back to Oct '11. However, what I find absolutely absurd is that both the bank and their solicitor have stated in all their letters that we should contact the bank as soon as possible to discuss the options available but in the letter I have just received in response to my concerns they say that "the staff within the litigation team are legally unable to give financial advice or make any recommendations"!

 

There is only one phone number given for customers to call and every time I have called the number I have been passed to different departments, and during most of the numerous one of the hour long calls I have been bounced backwards and forwards between departments that I get completely confused and stressed and in the end I don't know who I'm talking to.

 

My point though is how on earth am I meant to try and sort our mess out if the person that the bank pass me to is not able to give me any advice?

 

Also, if the bank allowed us to move to interest only for a short period then the payments would be covered with about £70 per month left over to pay towards the arrears. Not a lot, I know but it's something. They are aware of this but as far as I know they are still applying for a warrant of execution for possession. I can't believe that they are allowed to get away with this!

[Lea_HTH]

You have to put the request for interest only in writing, and copy the letter to the bank and to the solicitor (send both by recorded delivery), and request a response within 10 days. Make sure you keep the signed for receipt for the recorded delivery (it'll be on the Royal Mail website once the letters are delivered).

 

If putting you on interest only for a period of time would help resolve the current issue, then they should at least give serious consideration to it - particularly as you have equity in the property. Point this out to them in your letter.

 

If a warrant is issued and you receive a Notice of Eviction, then the letters you sent will be evidence to show the judge that you attempted to resolve the matter without further litigation. Unfortunately the court has no jurisdiction over whether the mortgagee will change to IO - that is entirely their decision, though most mainstream banks/lenders will consider such a request.

 

The bank isn't there to give you advice - you are free to seek financial advice anywhere else you wish, and then make them an offer that you can reasonably stick to. Your first point is to ask to change to interest only.

[gemspan]

Lea, should the OP not be completing forms or something to try and get the repossession suspended? It is due to go ahead on 26th March from what I can see! They already have an order, they are just going to execute the order!

 

Thanks

Gemspan

[gemspan]

Emmr, I suggest you contact Shelter, England.... They have a legal team that could take this on board for you and try to sort something out. You tend to find that the mortgage companies will take a solicitor seriously.

 

I've tried to get a link but my laptop won't take me there at the moment. Just google Shelter. I'd advise that you get in touch with them tomorrow morning asap. They will be able to give you advice on what to do now...if the repossession is going ahead on 26th March 2012 you need to get advice asap in order to try and suspend the repossession.

 

Good luck

Gemspan

[Lea_HTH]

Lea, should the OP not be completing forms or something to try and get the repossession suspended? It is due to go ahead on 26th March from what I can see! They already have an order, they are just going to execute the order!

 

The OP doesn't make reference to a Notice of Eviction being served - in her first post she states the bank have executed a warrant, but makes no reference to a date for eviction. In her latest post she states the bank are 'applying' for a warrant of execution. I would think the OP would know whether or not she had received the Notice of Eviction - but perhaps she'd like to clarify that.

 

The date of 26th March appears, on my reading, to refer to the permission for the land her husband is hoping will raise funds, not an eviction notice.

 

The OP doesn't need anyone to panic her even further - she's probably under a great deal of stress already. I've got substantial experience of handling cases exactly like this one in court, and despite all the extraneous information given by the OP, it is only the facts which need to be established, and unless the OP has neglected to state that she already has an eviction date (which would be terribly unusual), then I'd guess there is no eviction date as yet. Hence the course of action advised is the correct one at this stage.

 

If there is an eviction notice, even if it's for 26th March (which I doubt as the OP makes reference to that date only in relation to her husband's land deal), then there is plenty of time to make a stay application. Stay applications can be made even when the bailiffs are standing on the doorstep.

[gemspan]

Hi Lea

 

I read the first line as this ........ "....bank have executed a warrant for possession due to a possession order granted on August 16th 2011 which was dated for 31st Oct 2011...." and hence the reason I was mixed up about the date....I do apologise....but there is no need to be patronising. You may have lots of experience dealing with stuff like this in the courts but, on here, you are the same as everybody else - and we don't know that - and we don't know anything about you. I think it's good to question if you think something has been missed. Having experience does not mean you are perfect! Being a solicitor does not mean you are perfect!

 

From what I can see above the bank are refusing to co-operate with the OP and therefore no matter what she does to try and resolve the situation she is coming up against a brick wall. I would suggest that she contacts Shelter or takes legal advice immediately. This is to stop panic....not make it worse. If it was me, I would want to be covering all my bases....not just taking advice from a forum....

 

I do apologise that I read the information wrong.....but I asked a simple question about a process I have seen Ell-en give advice on previously.

 

It is a shame that a lot of posts appear to be going unanswered recently....especially on a forum relating to Home Possessions. I do realise that moderators and experienced individuals have their own lives but it worries me that people are posting and receiving no replies to their questions. I have posted 3 times, been promised an answer and then received none. I've been a member of this forum for a long time.....almost since it started.....and that never used to happen.... hence the reason I have answered some questions posed by members.....and, like you say, you have more experience than me!

 

Gemspan

[Lea_HTH]

The only thing I care about here is for the OP to get accurate advice for her specific set of circumstances. You are free to hold whatever opinions on me you like - it won't change the facts.

[Emmr75]

Hi,

 

Sorry for not replying earlier but I didn't realise anything else had been posted. All I can say is thank you so much to the both of you.

You have know idea how much your comments have boosted me, its the first time anyone has shown any compassion toward our problem. But to clarify a few points, firstly I must apologise if I've waffled on a bit, I am dyslexic which hinders my ability to be concise and sometimes makes it extremely hard to construct a sentence together correctly, and when you add to that all the emotions i'm feeling right now, it becomes a complete disaster. Secondly, we have not been given a date for an eviction, however this is the letter we received on the 16th March, and it was dated 13th March:

 

Dear Madam

 

We have received our client's instructions to enforce the possession order dated 16 August 2011. Therefore we have today asked the Court to issue a warrant of possession. this means that the Court will now allocate a date on which the bailiff will attend at the property to evict you and any other persons in occupation. You will shortly receive direct from the Court details of the time and date of the eviction' However we will also let you have details of the time and date of the eviction in due course.

Our client always sees repossession as a last resort. Therefore even at this late stage it is not too late and we encourage you to contact our client, or this office, to see what steps, if any, can be taken to avoid repossession.

In addition we strongly suggest that you seek advice from your local citizens Advice Bureau or other free debt advisory service and approach your local housing authority for assistance with re-housing if you do not have altemative accommodation available or arranged.

 

I immediately sent an email to Barclays solicitor saying that we still haven't received any letters from Barclays, as was promised the week before and that I was still waiting for a response to an email sent on Oct 31st 2011. I then received the letter that I discussed above. I'm still perplexed as to why they bother saying "we encourage you to contact our client, or this office, to see what steps, if any, can be taken to avoid repossession." What's the point, they can't make any recommendations or offer any options other than full payment.

 

To add to my bitterness towards Barclays, in their letter dated 16th Nov 2011 they kindly encouraged us to seek independent advice. They also instructed an agent to visit us at our home who may be able to talk through further options. However, I have spoken to the agent who is not an employee of Barclays but acts as a "financial councillor" to ask him what, if any, options should have been made available to us and he was somewhat confused as he was under clear instructions not to discuss any options available but to just make an assessment of our finances. He did however, make a recommendation in his report to Barclays for our mortgage to be placed onto an interest only mortgage for a period as we would be able to cover these payments.

I don't know the outcome of his recommendations as, like I've already said, we have not had any form of correspondence from Barclays since Nov, which I have made Barclays aware of but still nothing has been delivered through our letter box from them. I suspect the letter we finally got dated 16th Nov was sent out a different way on request from their solicitor?

 

I thought stupidly that the agent Barclays sent round under the guise of a 'councillor/mediator' would be able help us, which he did try, but Barclays then refused to discuss anything with him because they no longer needed his services. Again, surely if Barclays sees repossession as a last resort, why won't they allow him to discuss the options that may be available to us. I know the law is the law, but I feel Barclays have snared us into a mortgage, that we can no longer afford. We are in this position because of Barclays. Our problems all started because we had a business, and Barclays brought in their "advisors" who were Vantis administrators to offer us some advice. Vantis, seeing that we had a good turn over but like most small business needed support and an increase in our business loan, saw it as a great opportunity to earn money and our company was forced into administration by Barclays as they were a floating charge holder. But that's a whole different story. However, we only agreed to see their advisors because our business relationship manager assured us that they were there to help us instead Barclays retracted on a verbal agreement within two hours of leaving our business and then they tore our lives apart.

But my point is, Barclays are giving out misleading information, if they are not prepared to offer us any options and are determined to repossess our home why not just say that in the first place. Why do they keep lying saying that they want to avoid repossession and it is only done as a last resort.

 

As well, we received a letter from income support on Friday 23rd March, dated 19th March, saying that they had under paid our mortgage interests support, and that they owe £1535.82, which will be paid straight to our lender. I did contact Citizens Advice who told me to contact Shelter, which I am doing first thing Monday morning. As well, I don't know how Barclays have come to the figure they want us to pay. Surely we should have a break down of how they have reached their figure?

 

I was really starting to loose the will to carry on as every ounce of energy was being sucked away. But, thanks to the both of you, sometimes it's just knowing that their is someone out there, willing to take time out and offer support and advice, it really has given me a spark of energy to carry on fighting. This time though with a crash helmet on, so I don't hurt my head as much while I'm banging it at against the brick walls. Once again, sorry for the waffle, but thank you so much already.

 

Emmr75

[Lea_HTH]

Once you get the Notice of Eviction, you should make a stay application. If it was recommended that you be put onto interest only and this was not done, then, so long as you have proof (you said he made the recommendation in his report), you can present this to court.

 

Repossession is supposed to be a last resort, so if there is something that can be done to assist you, then it ought to be done.

 

You should also consider contacting the local authority again regarding MRS, as per an earlier post. They also have funds to assist you with reducing the arrears, so you should discuss the matter with them.

 

Good luck.

[gemspan]

Hi Emmr75

 

I think you have been treated very unfairly by Barclays on many fronts..... They cannot just send a financial adviser to your home without telling you....and refusing to negotiate to avoid repossession is contrary to the pre-action protocol.

 

I think the time has come for you to take all your paperwork to a solicitor for advice. I think you'll be able to have free legal advice as you are in receipt of IS. Alternatively, do you have legal advice on your home insurance policy. If so, then speak to them and get the ball rolling. Barclays are behaving terribly and they need to be stopped.

t

Please keep us up to date with what is happening. I wish you the very best of luck. You can always come here for support but I think now is the time to get solicitors involved.....that's what I would do as a layman.....I wouldn't be negotiating with them any more by myself....it would be my agents doing it for me. Also think about the regulations governing fairness in your dealings with the banks. I think there's a sticky at the top of this forum which explains it all. I think you have a real case here.....

 

Good luck

Gemspan

[gemspan]

This crossed with Lea's post. You now have 2 options but there is certainly much that you can still do. I think you are being treated very unfairly....and I would take them to task on this.

 

Gemspan

[Emmr75]

Hi there,

 

A little update to our desperate situation. I tried to call Shelter but every time I tried there was an answer phone message which said all their operators were busy please call back later so I called the Community legal advice number. I was on the phone for over an hour and felt devastated when I got off the phone. What the advisor told me was basically we have no options. The judge decided back in August that we were unable to pay the mortgage therefore he handed possession of our home to the bank so they could recover their money. In fact, I was told that the bank had actually been generous as they have allowed us to stay in our home for so long.

It doesn't matter that we have been paying £800 a month since August, which went up to nearly £1300 in Oct.

The bank can, and probably will, argue that we declined their offer of help, even though by help they effectively doubled the length of our mortgage in return for a small reduction each month.

The bank do not have to give us any options because the judge has already handed our home to them.

I feel so stupid and helpless, and angry that this has happened.

I asked whether we could apply for the possession order to be suspended, and I was told there's no point as we can't afford the whole mortgage and the Judge will make his decision based on that fact and would not allow a suspension. We can apply for a stay, and adjourn eviction for probably a month, but we have to ensure we will have the ability to pay the mortgage.

To make matters worse the planning application for my husband's land had to be withdrawn. There were some objections put in about the application because one of the neighbours has been knocking on people's doors filling their heads with ideas that the if the change of use application is successful there will soon be a huge industrial size builders yard and the bottom of their garden. All of the objections seemed to accept that the land had been used as a business for many years, but who ever has been knocking on the neighbours doors has told them that the land area being used now is a lot smaller than the area shown on the plan, when in fact it's not. The application was withdrawn and will be resubmitted so as to give more clarification and evidence to show exactly what area is, and still will be, used for commercial purposes.

 

I just don't get it? Our whole lives will be turned upside down soon and we are helpless to stop it. I was advised the only way we could avoid being evicted is to show the courts we are able to pay the full mortgage amount each month plus around £200 extra to cover the arrears.

The phone call has left me so depressed I just can't think straight.

[Lea_HTH]

My advice remains the same as in post #4 above - and subsequent posts.

 

You'll need to make a stay application once you receive the NoE - put this before a judge, he has discretion to allow you to stay if there is no prejudice to the mortgagee - subject to the things I have previously advised in the aforementioned posts.

 

It's not game over until the judge rejects your stay application (and in theory it's not all over then either).

[Sza15521]

Hi

 

Something just doesn't add up here. You need to get all your paperwork together and see a solicitor ASAP. X

[gemspan]

I agree Sza15521, everything now needs to be taken to a solicitor to see if they acted fairly. Remember that Barclays have an obligation to act fairly towards you and if they haven't then you can take them to court for that. I think that self help forums are great but sometimes you really need to take legal advice. Are there any law centres near you? Can you actually visit? Make a timeline of events and what you have offered. If you still have copies of the letters then you need to take them with you.

 

You should get legal aid if you are claiming income based benefits...even for the first initial visit anyway. I really do think you need to do something now....be prepared for the notice of eviction. If Barclays have been refusing your offers or refusing to communicate with you I have a feeling that this is covered under the "fairness" laws the banks have to adhere to.

 

Good luck. Remember, at the end of the day a house is only 4 walls and if you can't afford to pay for it, it becomes a prison. Perhaps you would be better to look for a house to rent in the area you live in so that your son can still go to the same school. Life really is far too short to be lumbered with a huge debt that you can't pay. If you offer to sell the property without it being repossessed then you may get some breathing space too.

 

I'm so sorry this has happened but I would have contacted a solicitor a long time ago....as soon as they stopped communicating with me.

 

So sad!

 

Gemspan

[Lea_HTH]

Whilst, if you can afford it, or are entitled to legal aid (which is generally repayable and a charge can be placed on your house), to seek advice from a solicitor who will have the benefit of the sight of all your paperwork - I do think that the people making this suggestion to you are ignoring the fact that possession was granted mid last year, and it is only the execution of the warrant that stands between you and eviction. A solicitor will probably not tell you a whole lot different than what I have told you here (though by all means contact one as most offer 30 mins consultation free - so you could always phone a couple) - and in fact, whoever you spoke to recently has given very similar information to that which I gave you in post #4.

 

Couple that with the fact that you are not currently in a position to pay the CMI, let alone anything off the arrears, and you have a bigger problem than most.

 

It's not all doom and gloom though - because you do have substantial equity in the property and therefore placing you on interest only if that makes the mortgage affordable, will not cause prejudice to the mortgagee. This is the point that you should be forwarding in court - alongside the fact that you have children in the property. That said, the judge cannot force the mortgagee to change the contract, though he can adjourn the warrant in order for them to show just cause as to why interest only isn't an option.

 

The pre-action protocols are no longer relevant - they are 'pre-action', not post-possession - though the bank should continue to treat you fairly. Have you checked the charges (if any) on your account? Have they been included in the arrears figures?

 

Would you be prepared to sell the house yourself? This is preferable than the mortgagee taking possession and selling it. Or do you have the room to take in a lodger? The rent may make up the shortfall you need to pay the mortgage and something off the arrears.

 

You've obviously got a lot to decide on, but don't give up yet. Have you written to the bank yet to ask about interest only? Have you contacted the MRS at your local authority? Are you receiving statutory mortgage interest payments?

[Emmr75]

Hi,

 

So this is the story so far. We have an eviction date which is this Friday, 20th April. However, after many sleepless nights despairing about what will happen I received an email from Barclay's solicitors which was full of a lot of nonsense and contradictions but there was a nugget of hope written with in the email. The email said the bank were able to change the mortgage to a full endowment mortgage, something that has never been requested or discussed before with the bank so was a bit confused, but it also said that if we wished to exit our fixed rate mortgage early there would be a fee of around £8000. Might heart nearly stopped when I read it! We were told back in August that the figure would be around £8000, and back then my mum said she would be able to lend me the money, but then Barclays told me the exit fee was £16,000 and not £8000, and my mum was not able to lend me that much so any chance of getting out of our high fixed rate mortgage was near impossible.

There was an immediate rush of panic when I read the email and I called my mum who thankfully said she would lend me the £8000 if it meant we would not be made homeless. I honestly thought we had found a way out of our hole but now I'm starting to panic again because the eviction date is this Friday and I don't know where we stand with the bank. I received the email late on Thursday afternoon and I emailed them straight back to get them to confirm that the figure they wanted was £8000 but as yet I've heard nothing? We have someone from Shelter helping us and I emailed her today voicing my concerns and she wrote back to say that if nothing is heard back from them tomorrow then we could apply to the court to suspend the warrant. However, my concerns are that in her email she says the Judge may agree to delay eviction if we have no where to go or suspend the warrant if we are able to make the contractual payments plus something towards the arrears. I don't want to go to a Judge and commit to something that I'm not sure we can stick to especially when we have been told that we have an option to exit our fixed rate mortgage early. Our mortgage payments would drop by nearly £1000 each month if we exit our fixed rate and we would have no trouble in meeting the payments.

 

I'm in absolute melt down as we seem to have finally been given an option that we are able to fulfil but the bank have not got back and time is running out. And, the only other way out, or so I've been told is to apply to the courts committing ourselves to something I'm not confident we can meet.

Would it not be possible to apply to the courts saying the bank have given us an option which we are able to meet, i.e. we have secured the £8000 exit fee and it is ready to be paid and we are able to meet the mortgage payments plus something towards the arrears each month once the interest rate has been changed to the what it would be once the fixed term comes to an end. As yet, The bank have not been in touch and everything is being communicated through their solicitor. I'm not sure if this is why there is a delay but I need to do something quickly because we have very little time left in which to resolve this.

 

Thank you in advance once again.

 

Emma

[radmm0]

Any news on your situation with Barclays Emma? I do hope you're still in your own house and they haven't been able to carry out their threats.

[Emmr75]

Hi radmm0

 

As yet we are still in our home for now. The bank cancelled the eviction for 14 days, however they have promised that once the 14 days are up they will apply for another warrant for eviction, this has already been sanctioned by more senior members of the bank. It turns out the information that the bank's solicitor gave me was a load of rubbish and that the amount needed if we wanted to exit our fixed rate was £16,800 and not £8000 as quoted. In fact Barclay's just couldn't understand why I would think the information that their solicitor gave me would be correct? As well, the bank were somewhat confused as to why we would be so desperate to keep our home and pin all our hopes on information that was obviously incorrect when it doesn't change the fact that we can't pay our mortgage and we have to rely on others to pay it for us?

 

It would seem that it doesn't matter if the bank doesn't reply to any emails, regardless if they are from me or Shelter, it doesn't matter if they don't offer us any options and follow protocol, and it doesn't matter if the information we are given is wrong, even 1 week before eviction, because at the end of the day we can't pay our mortgage without help from others, and i was very grateful that Barclay's kept reminding me of that fact!!. I told Barclay's that I was going to write to the FSA, my MP, and the national press and expose them for the incompetent fools that they are, and the next day I get told that there are now more senior members, more powerful people at the Bank who have sanctioned our eviction and any offer has to be agreed by them. Barclay's tried to brush over the FSA saying soothing stupid like they don't just govern them but the rules apply to all banks to make sure they all play fairly. Not sure why I was given that information but I think they were just spouting out crap to distract me from the point that they have made a huge balls up on many levels, and, I don't appreciate their use of intimidation. We are very lucky in that we have a very supportive family who are able to offer us help and support.

 

We will not loose our home, thanks to family but I don't think the fight is over just yet!

[radmm0]

Thanks for the update Emma and sincerely hope they don't get their filthy hands on your home. Just one note from me though; try to communicate with these idiots by letter as much as you can, unless it is absolutely necessary and so urgent that you need to speak with them on the phone. I have a lot of issues with our mortgage company that when we have done a SAR (subject access request) they have not sent any of the transcripts or date/time of the many calls made by my wife and I in the early days of us falling behind with our mortgage payments. So, in any court case it will be their word against ours to prove any conversations that took place or promises they may have made.

Please keep us informed about your case though, as the experts who have been directing and advising you on this thread will always be able to help you to stay in your home. Like they did with me.

Rgds.

radmm0

[gemspan]

I would have thought that the solicitors would be acting on the instructions of Barclays....as Barclays are their client and cannot offer something unless it is put forward by Barclays.

 

If they have offered you a get out clause for £8000 then surely they must stick to that as you have it in writing. Barclays are governed by the FSA....so that's nonsense. What are Shelter saying to this? Are they giving you advice on how to get Barclays to keep to the £8000 offered on their behalf by their solicitors?