Jump to content


  • Tweets

  • Posts

  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
        • Like
      • 0 replies

Recommended Posts

Hi there,

 

Is there anyone out there who can help me?

We have a former GMAC mortgage that went over to mortgage Express.

We were keeping up with the mortgage until I finally succumbed to my illness and disability.

 

We are currently five months in arrears which works out to be £4250.

I was working part time and my wife was working full time and up to earlier in the year keeping up with our mortgage.

We thought we had sorted ourselves out with my working part time and my wife getting a full time job a while ago.

 

I had an operation several years ago, that resulted in damage to my spine, this means I take 35 tablets a day, and have fentanyl (type of morphine) patches, oramorph (another type of morphine). I am stuck in a wheelchair now, I am typing from a special bed installed in our bedroom that is like a hospital bed.

 

All this means I cannot really work a lot now. I am waiting for the first of five operations at the start of August so will be out of any sort of working fulltime loop for a few years.

I will be able to work part time and an employer is willing to let me do this fitting around all my issues.

My wife works fulltime, but had to take a few months off without pay due my being in and out of hospital.

overall a loss of income.

 

We have managed to stabilise our position, but need to sort out the mortgage arrears.

We were in arrears a few years ago with MX and it was hell.

Four of five phone calls a day, refusal to accept a deal, threats of a home visit etc.

we changed our phone number, managed to pay off the debt and were debt free for three years.

How can I write a letter offering an extra £150.00 a month, which we can pay and try to forestall any action?

 

We had a knock at the door which was out of the blue.

It was an advisor and valuer from them.

We told him to go away, we were only going to deal with Mortgage Express in writing as our last experience told us they bullied on the phone, never agreed a deal, and kept on phoning us.

 

Despite our telling him to go away,

he came back four times,

each time was when our neighbours were coming home from work.

He would stand outside the house and with a raised voice tell us he was there to deal with our mortgage arrears.

our neighbours know our business.

 

Can someone point me towards a letter template our help me out with one to send them as soon as possible?

I just want to stop and action which the valuer told us they would do, that being taking us to court for repossession.

I know the court might end up giving possession and then stay it, but it is a worry I could do without.

 

I get full DLA, I am as previously stated in a wheelchair.

I have four outpatient’s appointments a week, which I know is not MX’s fault, but being thrown out of the house will result in my ending up in hospital.

 

Please help.

Edited by dx100uk

Share this post


Link to post
Share on other sites

First of all, do not be scared of Court. I promise you that a judge is a much easier person to deal with than the sort of low life individuals that mortgage companies employ.

 

Can you explain what stage you are up to with the company? Have they told you formally that they are going to apply for a possession order? Believe me you are a long way from losing your house, and there are many protocols the company should be adhering to. The Council Of Mortgage Lenders ask that their members not even begin repossession proceedings until you are 6 months in arrears, and then only if the borrower is refusing to communicate.

 

Keep calm and lots of people on here will help you. £150 may be too much to offer per month, a judge can spread the arrears over the whole of the rest of the loan.

 

How long have you got to go on the loan and what is the sum outstanding?

 

...........we will come back to the people visiting you and shouting your business in the street since that is a contravention of the Data Protection Act and needs to be dealt with separately.

Share this post


Link to post
Share on other sites

We have today received a letter saying that they will send it to their solicitors if we do not give them a firm proposal to clear the arrears within 6 months. We are five months in arrears as it works out.

 

To be honest, I would prefer they agree to an amount that I can afford until it is clear. They have said it will be sent to their solicitor for possession if we do not give them a firm proposal within 14 days, of which I have 13 left.

 

We owe 249K, originally a 95% mortgage. The house is valued at 220K so lots of negative equity there.

 

I would prefer to not going to court as one mistake and your out.

Share this post


Link to post
Share on other sites

You might want to contact the local authority (housing department) and ask to speak to someone who deals with the mortgage protection fund. In most areas this is woefully under-used. It is a pot of public funds used to assist people who are in difficulties with their mortgages. Depending on your exact circumstances the local authority can pay the arrears off for you as a one off payment, no repayment required from you, or loan you the money at a relatively low interest rate in order that you can repay the arrears. They will only do this if there is a good prospect of you not falling into arrears again.

 

Another scheme to consider is the mortgage rescue scheme - whereby the local authority or a housing association buy your property, or a share thereof, discharge the mortgages against it, and then you become a tenant.

 

Those are things to explore.

 

In the interim, you should write to the mortgagee and explain your position, inform them that you can pay the CMI plus X towards the arrears and that you will begin payment of this on , and that under the pre-action protocols they have ten days in which to accept or decline your offer and provide reasons if they decline.

 

I would suggest you include an income and expenditure form with your offer letter so that they can see that you are paying as much as you can afford. You will find a guide about possession proceedings and an income and expenditure form at the following link: http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession

Share this post


Link to post
Share on other sites

Your negative equity is a problem. How many years/months exactly do you have left to run on the mortgage?

Share this post


Link to post
Share on other sites

Lea is absolutely right that you should talk to your local authority. Your's are 'special' circumstances and you may well qualify for some help.

 

Non mainstream lenders such as these seem very keen to get rid of their mortgages and your negative equity will be making them very twitchy. That said they cannot simply ignore the rules and if you can't agree a reasonable monthly sum then you would be better going to Court and getting a suspended possession order.

 

There have been many people on this forum who have ended up paying much less than the lender was pushing for, since the Judge will look for a reasonable solution, rather than whatever suits the lender best. However, the lender will also add pretty much any legal fees they like, so it is worth trying to avoid Court from that perspective.

Share this post


Link to post
Share on other sites

Your local authority should give you assistance regardless of the value of your house.


[SIZE=1]Halifax Bank[/SIZE] [SIZE=1]20/01/07 [COLOR=blue]N1 served[/COLOR][/SIZE] [SIZE=1]15/02/07 [COLOR=blue]Judgement by default[/COLOR][/SIZE] [SIZE=1][COLOR=blue] Numerous phone calls to Halifax[/COLOR][/SIZE] [SIZE=1]21/02/07 [COLOR=blue]Warrant of Execution requested[/COLOR][/SIZE] [SIZE=1][COLOR=#0000ff][COLOR=black]02/03/07[/COLOR] Notice of hearing of Application[/COLOR][/SIZE] [SIZE=1]Co-op Bank [/SIZE] [SIZE=1]17/02/07 [COLOR=blue]S.A.R - (Subject Access Request) Request[/COLOR][/SIZE] [SIZE=1]19/02/07 [COLOR=blue]SAR Acknowledged[/COLOR][/SIZE] [SIZE=1][COLOR=black]HSBC[/COLOR][/SIZE] [SIZE=1][COLOR=#0000ff][COLOR=black]20/02/07[/COLOR] SAR[/COLOR][/SIZE] [SIZE=1][COLOR=#0000ff]Please click my scales if this has been helpful[/COLOR][/SIZE]

Share this post


Link to post
Share on other sites
We have 19 years left on the mortgage. I always thought the higher value houses never got help?

 

You don't have a higher value home, it's only £220k and it's in negative equity.

 

If you are offering £150 per month towards the arrears that will clear the arrears well within the remaining term of the mortgage, which is what the case law, Norgan allows.

 

You should still contact the local authority to see if there is any assistance they can offer you.

Share this post


Link to post
Share on other sites

Hi Op,

 

Lea_HTH said "In the interim, you should write to the mortgagee and explain your position, inform them that you can pay the CMI plus X towards the arrears and that you will begin payment of this on , and that under the pre-action protocols they have ten days in which to accept or decline your offer and provide reasons if they decline.

 

I would suggest you include an income and expenditure form with your offer letter so that they can see that you are paying as much as you can afford. You will find a guide about possession proceedings and an income and expenditure form at the following link: http://www.consumeractiongroup.co.uk...r-repossession"

 

I think that is good advice and if you need help with the letter then someone on here maybe able to offer you some assistance.

 

Your local council can help you, without the need of paying for a solicitor's letter.

 

Hope this helps.


[SIZE=1]Halifax Bank[/SIZE] [SIZE=1]20/01/07 [COLOR=blue]N1 served[/COLOR][/SIZE] [SIZE=1]15/02/07 [COLOR=blue]Judgement by default[/COLOR][/SIZE] [SIZE=1][COLOR=blue] Numerous phone calls to Halifax[/COLOR][/SIZE] [SIZE=1]21/02/07 [COLOR=blue]Warrant of Execution requested[/COLOR][/SIZE] [SIZE=1][COLOR=#0000ff][COLOR=black]02/03/07[/COLOR] Notice of hearing of Application[/COLOR][/SIZE] [SIZE=1]Co-op Bank [/SIZE] [SIZE=1]17/02/07 [COLOR=blue]S.A.R - (Subject Access Request) Request[/COLOR][/SIZE] [SIZE=1]19/02/07 [COLOR=blue]SAR Acknowledged[/COLOR][/SIZE] [SIZE=1][COLOR=black]HSBC[/COLOR][/SIZE] [SIZE=1][COLOR=#0000ff][COLOR=black]20/02/07[/COLOR] SAR[/COLOR][/SIZE] [SIZE=1][COLOR=#0000ff]Please click my scales if this has been helpful[/COLOR][/SIZE]

Share this post


Link to post
Share on other sites

I all,

 

Is it possible someone could help me with a draft letter?

We have written a letter to them, sent them a cheque for the month plus £150 which is just about what we can afford according to the spreadsheet on the link.

 

They have cashed the cheque, but still sent another letter informing us that they will refer it to their solicitors if we do not give them an acceptable proposal within 14 days.

I don't think my letter covered all the legal angles that to be honest I think their in house legal dept would look at and decide to accept as the court no doubt would either enforce or give a lower figure.

 

For me, and please do not think this is a sad story call, I cannot handle as I was diagnosed with cancer on Friday and have an operation next week.

 

Any help in the form of a letter that I can just add my details and account number would be ideal and really help me.

My head is spinning as I type this now.

 

Is there anyone who can help with pointing me towards a draft letter to the Mortgage Express reminding them of the procedures?

I have contacted the council as suggested and they have definitely said they cannot help.

 

If someone can please point me to a letter template that just puts the rules they must follow as they just ignore everything.

I am totally lost with what to do.

 

Thank you if anyone can help.

Edited by dx100uk
merge

Share this post


Link to post
Share on other sites

Sadly, I have a mortgage with Mortgage Express. I never wanted one with them, never knew they were a sub-Prime lender. I believed they were a regular mortgage lender when we first signed for it as their rates were roughly those I had on the High Street.

 

In October I missed a payment, due to illness. I phoned and told them I was ill and would make a payment as soon as I could. They asked to be kept informed.

 

In November, I managed to do some work, and made a payment that was equal to 2/3 the regular sum. However, twenty days later on the 30th of November I received a letter from Hamblins Solicitors telling me that I needed to bring my payments up to date and on the same letter told me they were “attaching Statement of my account”. I had two pages of my statement of my account, payments, interest, payments, interest, missed payment etc.

 

I continued to receieve anything between four four and six phone calls from Mortgage Express, which I answered for the first week, but got fed up of explaining and confirming that I had reached agreement to pay the arrears when I was fit and had returned to work and stopped answering the phone calls. At this point Mortgage Express started to text me too. I cannot change my number as I have had the same phone number since 1988 and have customers call me out of the blue who last used me in 1990.

 

On the 25th January, I received a “Statement of Account” letter informing me that I would have a County Court date in March for repossession. This letter made me very ill, I was put on strong medication and taken into hospital.

 

I was deemed to be better last week and told I could go home, but to be careful to my movements as the several operations would take a while to recover from. Only today have I felt strong enough to go through letters and correspondence.

 

That meant speaking to Mortgage Express, I had a long conversation with one of the service team and queried why they were taking me to court for repossession of my home. I told them I was still bed-bound and that it’s a life changing event I would have to deal with, but once better I would be able to return to work and pay off the arrears. I was told by them that the matter is now in the hands of the court and I could ask for an extension in not being repossessed.

 

My questions are :

 

1. Are they in their rights just to send me a statement in the same November from their Soliciitors despite the fact I had made a payment and was now 2.1 months in arrears?

2.Is it right the first I know of any Court action is at the end of November with a Court date?

3. They appear to be saying we are going to court to have it rubber stamped?

4. What can I do? There was no notice of going to court either from Mortgage Express or Hamblins until they had done the deed.

 

Thank you you for your time.

Share this post


Link to post
Share on other sites

Have you actually received anything from Court with regards to this application ?

 

 

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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

I've merged an old thread with a bit more history and tidied things up for you

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites
Have you actually received anything from Court with regards to this application ?

 

 

Andy

 

Andy, I received a letter this morning with a date next month. They have never sent so much as a default notice, they commenced action 20 days after having our last payment.

 

The Crisis Team who are treating me have written to them, however, they have said they will only discuss any repossession delay once they have had Judgement. I am helpless as being bed-bound, the next visit from the Council is next week, I am worried sick that there’s no options left.

Share this post


Link to post
Share on other sites

Take a read of the following sticky prepared by Site Team expert Ell-enn then you can prepare for the hearing.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession


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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
Please fill in your quit date here

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...