'Lewis' Field representative visit on CCJ/CO Northern Rock Shortfall

[Ell-enn]

Great news! Well done to Sillygirl and Newstarter - good work

[babybear39]

[Mr Worried]

Hi All

 

I have a suss repo on my home been to court twice with claiments solicitors, today I recieved notice that Claiments Solicitors are to to debit my acc with their fees £1500.00.

 

Have I recourse? can I ask for a printout and object?

 

Mr Angryish.

[jimbo45]

I think there is Case law around to say that CHARGES cannot be added to the arrears -- so this will stop repossession if the Arrears are paid -- but when it comes to Banks and other financial institutions there is obviously ONE law for them and ANOTHER for us.

 

You could tell the solicitors to Foxtrot Oscar -- but they could probably chase you for their fees --however these SHOULD NOT HAVE BEEN ADDED TO THE ARREARS. Banks etc can charge late fees and add to the amount of mortgage outsatnding BUT CANNOT ADD TO ARREARS -- and if arrears are paid repossession is stopped STONE DEAD.

 

You'll have to use another route to challenge excessive fees -- I think there is some Case Law around that proscribes fees must be commensurate and proportional with the amount of deebt being collected and to the real cost of "administration" etc.

 

BUT NOBODY CAN ADD FEES TO ARREARS and this should be stated up front clearly as people faced with repossession situations might just find the extra 1,000 GBP or so some of the lesser low lifes try to add on just too much and NEEDLESSLY face a repossession order.

 

The more I look at the whole DCA / DEBT coillection industry the more I get revolted by it --apart from the fact that the MAFIA might be easier to deal with how can decent human beings even BEHAVE in this way -- who works in this type of business and how can they go to sleep at night realising their actions -- many of which are not lawful have cause untold distress and misery and even forced peeople into suicide.

 

Mabe if you DO work for one of the lower pond life DCA's you could reply stating why ypou get a kick out of working in this almost most disguting of professions known to man or beast -- especially when your organisation has bought a debt fotr a few PENNIES in the pound and you are still trying to collect the FULL amount and threatening to make people HOMELESS as a result.

 

Cheers

jimbo

Cheers

jimbo

[Mr Worried]

Hi Jimbo

Thanks for your reply, I do not know if they have been added to arrears as it states debited to your account, I shall request that info from claiments solicitors. and update

 

Mr

[PGH7447]

I would also ask for a breakdown of these fees £1500, taking the proverbial

[Ell-enn]

I would definitely write to them (by recorded delivery of course) asking for a breakdown of how the fee is calculated. If you are to pay a solicitor's bill then you have a right to know the cost of everything.

[Mr Worried]

Hi All

 

Great replys, I shall send letter on Friday ( proof of posting ) of course.

[Ell-enn]

Hi All

 

Great replys, I shall send letter on Friday ( proof of posting ) of course.

 

You do mean recorded delivery don't you ? not just proof of posting

[rdm2006]

Sorry to hijack your thread but I am currently going through a repossession (via the Mortgage Rescue Scheme, so I will still stay in the property and rent it from a housing association) Hsbc own the majority of the mortgage and EPF a much smaller amount. After the housing association had valued the house there was enough money to pay both parties, however, HSBC changed sols and the charges from the first sols were added to my mortgage (which they say is in the terms and conditions) this then left no money to pay EPF.

 

You may already know that EPF is part of HFC which is part of HSBC. So HSBC is now arguing with itself as to who will show the deficit and the courts have not awarded costs as yet.............

 

new thread created here

Edited December 10, 2010 by rdm2006

[sillygirl1]

Hi Mr W

 

You should SAR the solicitors, that will make them think twice about these outrageous charges, and maybe slip in an N1 court claim yourself for every single legal charge dumped into your arrears figures... give them nightmares instead of you.

[Mr Worried]

Hi sg, I love an aggresive female, as long as she is on my side.

 

 

 

Hi Mr W

 

You should SAR the solicitors, that will make them think twice about these outrageous charges, and maybe slip in an N1 court claim yourself for every single legal charge dumped into your arrears figures... give them nightmares instead of you.

[Mr Worried]

You do mean recorded delivery don't you ? not just proof of posting

 

 

Thanks for the observation ell-enn and I will post rec del, so why do people still use proof of posting, with a ner ner ner ner arttitude I posted it so tuff. isint it much easier and proffesional to do it rec del.

 

Mr

[sillygirl1]

Don't forget you can also complain to the Council of Mortgage Lenders about the solicitors being instructed incorrectly by the lender to debit this charge against the arrears, I am sure they would love to get their hands on one of these companies at the moment....

 

Its not that I am aggressive by nature but I really hate getting stuck in the 'we do it because we can and there is nowt you can do about it' scene. There is something I can do about it and tough if you don't accept it!

[Mr Worried]

Hi sg

 

I know what you mean, and once I have their reply then I will update and we can all deal with them.

 

 

 

Don't forget you can also complain to the Council of Mortgage Lenders about the solicitors being instructed incorrectly by the lender to debit this charge against the arrears, I am sure they would love to get their hands on one of these companies at the moment....

 

Its not that I am aggressive by nature but I really hate getting stuck in the 'we do it because we can and there is nowt you can do about it' scene. There is something I can do about it and tough if you don't accept it!

[Mr Worried]

Would a simple request for a breakdown not suffice thus saving me £10.00? N1? can you elaborate please.

 

Mr

 

 

Hi Mr W

 

You should SAR the solicitors, that will make them think twice about these outrageous charges, and maybe slip in an N1 court claim yourself for every single legal charge dumped into your arrears figures... give them nightmares instead of you.

[Mr Worried]

Hi All

 

Well after getting another eviction susspended 2 weeks ago, I was back at court today with regards an eviction from a secured loan, Future Mortgages.

 

I had previously made my proposals etc, so I was called into the room, with rent a Sol, guess what??? it was the same judge as 2 weeks ago, I thought oh ****, he made reference to seeing me a short while ago, anyway rent a Sol went for my throat siting this n that, the judge went in my favour and gave conditions too,

 

I asked him if he takes into account the Norgan case and he replied,,Yes I/ We do certainly in most cases and he explained why, he was really helpfull, but said that he does not want to see me again?

 

Rent a Sol piped up, can we have a review in Feb? the judge said NO, she said can we have a rejection of application should he default? the judge said NO, its going against his civil rights.

 

He bid me good day.

 

 

So this is the 6th time I have been to court over my home and to be quite honest I am sick of it, I am not proud to say ' I got it susspended ' but I could only have done this with the help of the caggers, especially Ell-enn, who'm is like my 2nd wife or my surrogate Mum, so a BIG THANKYOU to you all.

 

Now I want to concentrate on NRam and Future in respect of charges etc, I will DSAR them both over the next few days.

 

I want to make a choice as regards my home and this is what I have to choose from, I would appreciate all of your comments.

 

1...Stay in property paying silly money to Nram and Future that I cant really afford and stress myself every month when I miss payment, then fight the eviction with promises of payments ( intented )

 

2....Drop the price of the house at least 15/20k as suggested by agent for a quick sale, leaving me only about 4k from sale.

 

 

3...Let the buggers have the house? and see whats left after sale?

 

4..Keep the monies I intend to pay and rent long term ( private )

 

5..Hand back the keys?

 

6..Sell my home at auction and hopefully have a few quid left, Start again????

 

7..Keep going around in circles and asking cagers the same questions every few month.

 

I have a lot to think about and myself and Mrs W will chat over next few days, at times we get sick of the fight, especially within the preasant climate, think we have a long slog ahead of us, think I may change my name to Mr Default? lets not be negative eh?

 

Mr W

[Ell-enn]

You are right in thinking of other avenues to persue, after all you can't keep defending evictions indefinitely and the decision will eventually be taken out of your hands. If you think that you can sell the house and have even a little left over then it may be worth it for the peace of mind. The only thing about renting is that you will probably fail a credit check due to the repo situations.

[Mr Worried]

Hi Ell

 

Thanks for dropping by, I would look to rent private without agents, and explain my situation the best I could, spose its a long way off yet, depends on how quick we decide what to do.

 

Cheers

 

Mr W

[nicola123gillan]

hi mr w

 

we are having almost the same decisions to make as you the 1 we are considering the most is the letting them reposesses and rent privatly as we have other debts to consider as well.

 

to be honest we feel like we are falling into a bit of a black hole with it all cant seem to find a way out, our biggest situation is we are in a 1 bedroom flat with a baby which is very crowded which we cant afford and cant sell due to the current market.

 

i totally simpathise with how your feeling and just wish someone could tell us what is best to do also

 

n

[quackquack]

:whoo:i wish you all the luck in this world ,if you and your wifes health is suffering i would seriously start all over again.your home is what you make it no matter where you live but dont put your health at risk for bricks and mortor just look after your self and family and consider your happiness and what you want from life xxxx

[ukaviator]

I think you need to look long term now, can you afford it?. . . . if they do finally repossess your property there will be nothing left because everyone in the repossession chain will get what they can, you will be lucky to get the few thousand you may come out with. If you sell the house, you will have a few thousand but remember the average deposit now is £1000 to rent privately. There will be other things as well, do you have pets? You may not be able to keep your pets in private rental accommodation.... It is a lot to think about.

 

If you hand the keys back and there is a shortfall, the insurance company will foot the bill, then they may come after you for that with interest. They have been known to come after people 12 years later, which is legal.

[Mr Worried]

Hi ALL

 

Thanks for the support and advice, Me and Mrs W have been chatting and we are more relaxed about the situation and Mrs would happily leave and start again, however I need to make a few 'calls' then I will update.

 

Cheers

 

Mr

[Mr Worried]

Hi All

 

Just an update with a few questions......

 

So we have nearly made a decision about our plight and our best way forward, although I keep fighting of evictions I have admitted to myself that even with a good working month we still could not afford the Mortgage payment nor the secured loan payment + arrears payments. along with our other outgoings.

 

Although we have an susspended eviction can I / We hand the keys back to Nrock???? and if so do we need to give notice???

 

What will happen if ( most likely ) to any shortfall?

 

Should I try to sell at auction?

 

Should I just allow the evictio, possesion to take place? or notify the lenders of our intentions and request say 8/10 weeks for us to move?

 

What if any is the cheapest way of doing this?

 

Should we look at the local housing ( private rentals) maybe advertise in local press?

 

If and when we leave the property am I allowed to take any fixtures and fittings.??

 

When the house is sold say at repossetion auction, do the charging order get paid, happened before I knew about cag? ( can I contest now? )

 

I am sure there are charges to both accounts in respect of late payments and solicitor charges, can I claim them back to reduce debt/arrears? dsar?

 

Am I allowed to say how much we want for the property, guidence on protocol of sale?

 

Should I write to the courts and lenders asking to merge arrears onto mortgage/loan and pay of over term of contract, and request an affordable contractual repayment.

 

Quite a lot to think about here, sorry for the questions but I am trying to iron out the ifs and buts prior to making our final decision.

 

Thanks in advance

 

Mr W

[VictoriaP]

Mr W.

I might be able to help on the rental side. What area are you in please?

 

**MODS** This reads like I'm soliciting for business, I'm not, I'm not a letting agent and unfortnately I don't have spare property etc!

 

Victoria.