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Halifax/Birmingham Midshires - repeated warrants/eviction/repo attempts **RESOLVED AGAIN**


WA1306
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they will always say that to frighten people

which is why you NEVER use the phone!!

 

dx

 

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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  • 3 months later...

Hi,

 

Just to update the forum, I have been making all payments on time since January 2019. This includes contractual monthly payment plus £500 towards the arrears. 

 

As I have paid 6 months payments on time, can I ask BM to capitalise the arrears? Last week I received phone call from BM to discuss my account but i asked them to send me in writing. 

 

Can you guys please advice whether I should request BM to capitalise the arrears as currently mortgage is showing in arrears on my credit report file. I am looking to remortgage 12 months after all payments appear on time on credit report.

 

Thanks.

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Usually you can only do this on first mortgage arrears, and usually only if the value of your home is a lot more than the mortgage. The amount you owe in arrears is added to your total mortgage.(Capital) Obviously your monthly payments will go up and repayment of the arrears are therefore spread over the rest of the term of your mortgage.
 

BM may be more likely to agree to capitalise the arrears if you have already kept to a repayment agreement for some months....which you have...and BM will usually view capitalising the arrears as a last resort option.

 

Andy

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Thanks Andy. The loan on the property is about the 50% of the property value, so lot of equity. 

 

is there any harm in writing to BM to request capitalising the interest or you suggest to wait few more months? Can anyone help with the letter template?

 

Thanks.

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Well several months is quite  steady...no harm in requesting.

 

Check The LIbrary we may already have a template ?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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So they never did apply for eviction?

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Hi Ell-enn,

 

no they didn't apply for eviction.

They applied for extension to the reposession order that was granted in 2009.

They asked for the remaining term on the mortgage but court only granted 12 months starting from January 2019.

 

Since January this year I have been making regular payments.

They didn't agree on payments towards arrears but since i have made payments for last 6 months I want the arrears to be capitalised.

 

They in the past capitalised arrears.

Last time was about 3 or 4 years ago. 

 

I don't want to call them but email if you suggest no harm in trying.

 

Thanks.

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  • 2 months later...

Hi,

I made all payments on time since January this year.

August payment was due on 27th August but due to delay in payments from my client I couldn't pay on 27th August. 

I made the late payment on 6th September.

So few days late.

 

Today I received letter from Birmingham midshire dated 2nd September.

This was before I made payment.

Letter says I missed the August payment and there are arrears so I need to contact them and bring account up to date to avoid repossession as they have repossession order.

 

Arrears are about £13k. I am not in position to clear these arrears but I can keep paying normal monthly payment. 

 

I already paid August payment but few days late.

I don't want to call them to get trapped by them over the phone. 

 

Please advise if I really need to contact them or just keep paying normal monthly payments although there are arrears.

 

I have been paying regularly now for 8 months.

Can I request them to add arrears to capital??

 

Please advise if I should contact them regarding the letter or just keep paying the monthly payments?

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you should never ring nor email

write using 2nd class mail.

 

typically once 6mts of required payments are made successfully most lender allow capitalisation.

 

did you ever SAR them

and see how much of this debt is unlawful penalty fees??

 

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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Hi, thank you for your reply. 

 

I haven't asked for SAR but will request. 

 

I am going to write them and request to capitalize arrears. I am worried that because of late payment in August by 10 days they will refuse my request and demand full payment of arrears. 

 

Kind regards, 

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doubt it.

it was only a request to contact.

the issue is now resolved.

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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  • 3 weeks later...

Hi, I wrote to Birmingham midshire 2 weeks ago to request adding arrears to mortgage balance, I included income and expenditure with my request and sent through recorded delivery. 

 

I am very disappointed to see the attached letter from them this morning.  They have completely ignored my request and income and expenditure. Asking me to call them. 

 

Any suggestions please,  I am looking to remortgage next year and really want to be arrears free.

 

Please advise what should be my next step. 

 

Thanks 

 

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prob just a std letter.

 

dx

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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  • 2 weeks later...

Hi, 

 

I have received another letter attached. As I mentioned in my previous post I sent recorded delivery letter to them requesting to add arrears to mortgage balance.  They ignored that letter,  sent me letter to request call them, I ignored that letter,  now they have involved this agency. 

 

I don't want to discuss over the phone as one of reasons I am in arrears is because how my calls were handled over the phone. 

 

Please advise shall I send them another letter or contact this agency to discuss?

 

 

If I don't contact them now they will have reason to take me to court that there are arrears and no repayment plan is in place. 

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please try and remember to use PDF 

else you are opening yourself up to them finding your thread and ID'in you.

PDF's can only be seen by logged in  users of CAG

posting images directly to screen can be seen by everyone even outside of CAG.

 

these people simply charge you +£100 for a visit

if you wish to WRITE

tell them they will be ignored

and have zero legal powers to do anything.

visit invitation refused.

 

up to you

 

I've removed all the images now

please ONLY user PDF

read upload

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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Thank you. I didn't know but will use pdf in future. 

 

Are you telling me if I wish to write I can say to BM that  don't accept invitation by agents as I will end up paying £100?

 

Am I look legally bound to contact them on phone? How can they. Ppl persuade me to call them over the phone?

 

If I keep ignoring their request to contact them on phone can they take me to court for outstanding arrears with no payment plan in ppl place?

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cant KEEP saying this more than i already have multiple times

you never ever use phone nor email.

 

you were simply a bit late.

forget their nonsense.

 

dx

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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  • 1 month later...

Hi,

 

I wrote to Birmingham Midshire few times and enclosing income and expenditure but no response from them. I complained and received the attached letter upholding my complaint and offered £50.

 

Also mentioned that they can't capitalize arrears because no payment in August and asking me to call them. August payment wasn't missed but Late by 10 or 12 days.

 

Now I have received letters from their solicitor and Birmingham midshire that I need to either pay arrears in full or contact them by phone to agree on repayment of arrears or they will apply to court for eviction date.

 

I am very distressed as I have been paying monthly payments since January and kept writing to them but because of last year's arrears they are applying for eviction date. 

 

I don't want them to apply for eviction date but if I call them their staff will again not positively deal with my account over the phone. 

 

Do I  have any options at this stage?

 

I have attached copy of letters. 

 

Please help as I need to call them tomorrow. 

 

 

Scanned_20191111-1908.pdf Scanned_20191111-1911.pdf

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Very unfair

Write ba k to him

 

Tell him you do not consider the complaint closed

 

BMS have failed to research my payment history correctly

Aug 19 was met but late because xxxx

I do not believe the refusal of no cap is fair.

 

There is no legal requirement for me to discuss anything by phone and i have been very intimate d by your companies previous treatment toward myself over the phone.

 

I will only communicate by writing

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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Thank you, I  will reply to the complaints team but the eviction team and their solicitors will continue with their application for eviction date. 

 

I am worried that if I don't call the eviction team I will lose the opportunity to stop eviction before it goes to court. I don't want to challenge the eviction after court order. 

 

Is El-Enn not in the forum?

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You do not call anyone!!

 

Its says ask not the will anything..

Simply designed to make you panic

add to your letter back something like please advise xxx of the same

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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What shall I add to letter, ex of the same?

 

What if I call for the last time and warn them I am recording the phone call?

 

I think if I don't call they will will apply for the eviction date. I can't afford to fight the eviction with 4 children and mother living w I'll l me.

 

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Advise whomever sent the vailed threat of eviction

 

You do not call then

Stop panicking

 

Write!!

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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Hi there you need to write to them again explaining the August payment.   I can help you with the letter but it will be later this morning as I am at work and quite busy at the moment.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

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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Hi, managed to get letter done, (affixed) make sure it is sent by special delivery so they get it the next day.

WA 1306 letter Nov 19.doc

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

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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