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MartinC1962

repossession hearing next monday. Lender refusing full payment

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Hello all

 

I'm self employed, and got into difficulty last December with my mortgage (due to ill health which effected my eyesight)

 

Won't pretend I didn't do a bit of burying my head in the sand also!!

 

The last few weeks, I've been able to get back to work full time, and now have the money to pay my mortgage arrears in full, and can keep up to date in the future.

 

However, my lender wont accept payment from me until they hear from their head office, and charges are being added daily. Also the repossession hearing is next monday, and I'm out of my mind with worry.

 

What, if anything, can I do? Help!

 

Thanks for your time

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MartinC1962

Hi and welcome to CAG.

 

This is not "my bag" . .... But There are loads of Caggers experienced in this field.

"ellen" springs to mind..

 

Have a read about and I think it will put your mind at rest.

 

Your in a good position as you have the money to pay the arrears in full.

I think you will find in Court that the Judge will give the mortgage Co. a "roasting" for bringing it to Court !!!!

 

The "Legal Crew" for this forum will assist you in the morning.

 

Try not to worry. This will work out fine .

Good luck.

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Also to help other users can you list the charges they are putting on top.

 

eg Date , Late payment fee , £50

 

I do not think these can be added to your arrears and in most cases are unlawful and can be reclaimed!!!!

 

Others can advise you how.

 

Regards

 

SS


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Thanks for the replies and advice.

 

Really is appreciated.

 

I'm going to ring the mortgage company again this afternoon to ask for a breakdown of the charges. And to see if they're willing to take the payment.

 

Thanks again all :)

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Lenders, have a clear and implied obligations under the FCA regulations for arrears handling and are required to do all of the following.

Handle matter sympathetically, Make reasonable efforts to reach an arrangement over repaying arrears, explain clearly their reasons for rejecting payment.

 

 

If you have not already, sent a letter to your lender with a proposal for make further payments, you should do immediately, by recorded delivery and keep a copy for court. Secondly since the lender is not sympathetic, you can start a formal complaint with Financial Ombudsman on 0300 123 9 123, which often results in the lender being more cooperative. Take action, make copies

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If the lender refuses to take payment ask for the name of the person you are speaking to and if they ask why you want to know, tell them it's so you can inform the judge you were denied the opportunity to clear the arrears by an employee of the lender.


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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.

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I would be tempted to make any repayment offer in writing! In fact, why not send a cheque with the repayment to them. Make sure you copy the letter and scan in the cheque. Also send recorded delivery, keep proof of postage and proof of receipt. That can be used as evidence if they refuse.

 

Before talking to anyone on the phone, please read the CAG customer service guide and at the very least only phone them if you are going to record the call.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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