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Mortgages 2 Has Started Court Proceedings to Repossess My Home


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as fi they dindt know they are taking you to court!

 

Send them a copy of the mortgage agreement and says that the ICO says this is good enough to prove identity as they have a duty to know their customer so they shouldnt need to ask you for any further proof.

 

also send a second letter demanding to see the same under CPR 31.14

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I have a copy of the original mortgage agreement.

The signature on that and the signature on my SAR letter are so similar as to be almost copies of each other!

 

Only an idiot or a desperate person (or a crook) could assert that these signatures were not from the same hand!

 

I have written back to them with images of both signatures and have told them to spot the difference.

But I have also sent them a certified copy of my passport, so that - from this point on - there can be no doubt whatsoever as to the validity of my identity.

 

The certification cost me £10.50 and my train journey to an officiating Post Office where I was able to do so cost £3.40, so I will be adding this onto the bill, together with the 2 x £1.77 for the two sets of signed-for letters (subtotal £17.44) which will be added to the cumulative cost of Mortgagesplc's illegal charges plus 8% statutory interest over the years that they have been illegally charging me.

 

Should come to a nice little sum!

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  • 2 weeks later...

I sent off the SAR a couple of weeks ago and I get a letter back from Mortgages 2 saying that the signature on my SAR letter and the signature on that they had for me were not the same.

 

I checked my signature on the original mortgage application, and I looked at the signature on the SAR letter and it was quite clear that they were by the same person in every way imaginable!

 

I wrote to them about this, sending them a screenshot of both signatures, and, of course, they conceded that I was quite right (they had to - I'm not copying the screenshots here for security reasons but they are like two peas in a pod!)

 

I also had someone from Mortgages 2 phone me to make a grovelling apology, saying that they could follow this up with an internal investigation if I wanted.

 

Knowing that they were playing for time with their ridiculous claim I smelled a rat here.

Surely an internal investigation would hold up the process of the SAR.

So I said I just wanted the SAR process to proceed as quickly as possible.

 

I should get the full documentation from them by the 25th August.

 

 

The cheek of these people!

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Have you got a copy of the court order yet? You probably think I'm banging on about nothing, but IF they have a Suspended Possession Order you need to make sure you are very clear on the conditions because if you don't adhere to them then they can reapply for possession with very little formality.

 

Anyone here know the process to get an SPO eventually lifted, or does it hand over you for the remainder of the mortgage term?

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You can if youve cleared the arrears long ago in some cases

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You cant lift a SPO....the lender’s right to enforce never falls away once they have the Order...its merely suspended providing the borrower sticks to its terms.Should the borrower default again the lender can enforce the possession Order by way of a Warrant....

 

There is no authority to suggest an SPO can be discharged on clearance of the arrears.

 

Andy

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I received the details from Watford County Court only a few days ago. The undated, unsigned letter - apparently par for the course at Watford - was accompanied by the Order for possession (mortgaged premises) (suspended) which stated that:

 

  1. The defendant give the claimant possession of [the property] on or before [date].
  2. This order is not to be enforced so long as the defendant pays the claimant the unpaid installments under the mortgage of [sum] by the payments set out below in addition to the current installments under the mortgage. [Then gave details of payments, which I had already put in place over three months prior to the hearing.]
  3. The monetary claim to be adjourned generally with liberty to restore.

Point 3 could not be more ambiguous if it tried.

 

 

I also had to bring my mortgage payment date forward from the 5th of the month to the 28th of the PRECEDING month in order to comply with point 1 (because the shortest month only has 28 days and I could not risk a default before the payment of the 1st of the following month), which effectively meant that I was paying two sets of mortgage payments in the same month!

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