Jump to content

 

BankFodder BankFodder


sharkie

Suspended Repossession Set Aside - Is it possible

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1931 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

I know that one of the rules that the lender must do is provide you with a statement of what you owe e.g. outstanding mortgage pus arrears prior to applying for repossession.

 

Is the repossession hearing allowed to take place, and, or is its outcome valid if;

 

It is proved that the account was in dispute over the balance claimed by the mortgage lender.

It is also proved that the balance was incorrect.

 

If so how hard is it to have a suspended repossession order set aside.


Sharkie

Share this post


Link to post
Share on other sites

Need more info. You could always try including such issues in a defence but it would be down to the judge to decide.

 

What's your current situation?


 

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.

Share this post


Link to post
Share on other sites

We were advised on the day to just concentrate on getting the repossession suspended, with an offer of a monthly payment plan for the arrears, which we did.

 

I then got the FOS to investigate a number of problems with our mortgage including the balance, charges and interest.

 

The response from the FOS regarding the actions of the mortgage provider, and whether they had acted responsibly was as usual pretty lame, however they did agree that there were a considerable number of charges and their associated interest that needed to be refunded.

The mortgage provider also admitted that they had caused us undue stress and made a goodwill payment.

 

Therefore, if the balance was incorrect the repossession order is also incorrect, also the account was clearly in dispute and that the lender had caused undue stress.


Sharkie

Share this post


Link to post
Share on other sites

Are there still arrears based on the new figures?


 

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.

Share this post


Link to post
Share on other sites

Yes


Sharkie

Share this post


Link to post
Share on other sites

I'm no expert but I suspect that as you defended without referring to this, that you couldn't use it as a reason to set aside.

 

I'll see if I can get some more informed advice for you.


 

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.

Share this post


Link to post
Share on other sites

It was brought up prior to the hearing with the solicitor acting on behalf of HL Interactive, who were acting on behalf of Santander.

He was unable to get any answers as he didn't have any contact info, and his only contact at HL Interactive also had little or no info.

He went into the hearing with 2 bits of paper, one of which we had given him (our proposal), therefore our solicitor suggested we concentrate on getting the repossession suspended.


Sharkie

Share this post


Link to post
Share on other sites

How much are the arrears?

How much were the charges? Did your refund include interest? How was it calculated?

How much was the goodwill payment - have you accepted it? Did you have to sign anything?


Share this post


Link to post
Share on other sites

You should bear in mind that the arrears are made up of missed payments, so if the balance has been reduced, it won't change the amount of payments missed/arrears.


 

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.

Share this post


Link to post
Share on other sites

If, even with all the charges removed, there were still arrears outstanding at the time the PO was granted, then there are no grounds to set it aside. If the refund of charges etc. would have meant there were no arrears, or very low arrears which would have resulted in an outcome other than an SPO, then you could apply to have the order set aside. But, given that there are still arrears, the likelihood of achieving that is slim to none.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...