JP Morgan/Rooftop Arrears fees- The saga continues.

[jotty]

Any advice please, we have a mortgage with JP Morgan which started in Dec 2007. At the time my wife and I have good jobs and although the monthly payments where high we felt we could easily afford them, the mortgage was discounted until Jan 2010 when we intended changing to a more mainstream company.

In the last 12 months things have changed as we know, my wife lost her job and had to take lower paid work which impacted on our finances, we ended up in arrears to the tune of £3200 on a £160,000 mortgage. I came to anagreement with the company to repay an extra £250 per month in April. In JUly my wife found a much better job but had to work a month in hand so I was only able to make a part payment.

We received repossesion hearing letters yesterday, which state we have failed to maintain the payments, the figure they quote doesn't actually include payments made this month as per the agreement.

 

So is there any point in writing to the mortgage company asking for a rethink, or are we about to lose our home ?

 

Please help someone.

[jotty]

Thanks Ell-enn, I have been sat here since 3am in tears (I'm 47 for goodness sake) and your advice has cleared my mind.

 

Off to work now but will do what you say tonight.

 

Thank you

 

ps could I have the draft letter please.

[jotty]

Thanks Ell-enn and jansus, just done the letters, I have noticed that JP Morgan are £900 over in their arrears figure which is this months payment. They have written to me today saying that they are applying for a suspended order. Does this help my case at all.

[jotty]

Its difficult to give exact months but the real problems began when we asked to change the payment date from 1st to 15th back in Dec 07, they did this but charged and extra £650 on top of the then very high £1200 normal fee as by changing dates it would incur interest this all happened the day we had gone xmas shopping so as we had drawn out what bit of money we thought we had left bascically £500, the payment bounced. Then the regular charges for the missed payment started despite me trying to get them to waive the £650 extra.

So I would estimate we are 3-4 months in arrears if that helps, bearing in mind the reduction in payments when my wife was out of work.

[jotty]

Hi everyone, not yet heard anything from mortgage company, letters sent last week as instructed.

What should I do next, do I need to go to the HMC online and enter my defence etc.

Hearing is next Friday 11th and getting a bit worried now.

[jotty]

Thanks yes please, will have more time tomorrow if thats ok

[jotty]

Hi Ell-enn, thanks for your support.

I have now sat down and read the court docs and the Grounds for Possession. I have noticed a couple of things,

 

The actual figure owed is wrong, I owe a lot less as per my recent statement which does not take into account August payment. Also the particulars of claim shows evidence of payment over last 4 months where I made the full monthly payment apart from July when I paid 50% as my wife had to work a month in hand. Last month I paid the normal figure plus £150 as a gesture of good will, they wanted £300.

 

They also then give the impression that I have failed to make the monthly payment in full by quoting the figure before last 2 rate reductions, I have attached a copy of the claim, the payment is currently £588.

 

I cannot dispute the arrears but am trying my best to clear them, they have not increased and as said we are both now working full time.

 

Can I send you the expenditure form to check before we enter it on the N11m.

 

Thanks

[jotty]

Yes it is in joint names, and we have 1 son 19yrs who starts uni next week but will be home at weekends.

[jotty]

We can realistically afford £100 extra, and yes I have their own statement for July and my bank statements for August showing the payments.

The aug one was 15th (normal payment day) £588 as required, 21st £150 extra.

[jotty]

Thanks Ellenn you are truly an angel.

 

One more question, my wife isn't really looking forward to going into court as she has friends who work there. Can I attend on behalf of us both.

[jotty]

Getting close now but still very very worried .

Had the solicitor's evidence delivered this morning and although it shows the arrears going down it still makes scary reading.

[jotty]

Update, the hearing lasted 5 mins, nothing at all to worry about inreality. I spoke with the other sides solicitor prior to the hearing and agreed to pay £150 per month off the arrears.

The Judge accepted this and did state, that if we had further problems because of the suspended order we should not automatically think that we would lose the house.All felt a little pre determined if I am honest.

 

What was shocking was the number of people at the county court with worse cases than mine. Majority where hard working couples who had fallen foul of these mortgage companies and now faced losing it all.

The country is in a worse financial state than any politician will admit.

 

Thanks to all for support especially Ell-enn

[jotty]

Could not have done it without your support.

 

Yes it was a very sad place and without doubt we on CAG are not alone but are very fortunate to have people who care about our plight., I went dressed in a suit and tie and a couple in their early 50's asked if I was a solicitor. I said no but the lady was very upset and afraid. Thankfully I had noted the CAB people on the way in so took them both to speak with them. Hope I managed to help in my own way.

Edited November 19, 2022 by dx100uk
unnecessary previous post quote removed

[jotty]

We currently have arrears on our mortgage of £1000, at the moment I am clearing them at £50 per month.

 

When we took out the mortgage in 2007 our paydays where the 15th,

this changed in 2008 to the 25th so I wrote to the company concerned and explained that we needed to change, they agreed but said that the mortgage would always be shown as in arrears for the 10day gap.

 

They also charge £40 per month in "late payment fees".

Having asked for a breakdown of costs I also not there are a number of "agents fees" which I presume means home visits of £60 none of which where agreed to and no one spoken to.

It also shows "solicitors fees" for various letters etc.

 

Having been succesful during the bank charge days, can we still claim for these fees in the same way or have the mortgage companies wised up as well now.

Edited January 15, 2019 by dx100uk
spacing

[jotty]

We have had a mortgage with JP MORGAN for some years and current arrears are £1600 on a balance of £165,000.

 

We have been overpaying by £50 pm for some time without any issues apart from the odd pre printed letter from them mainly as they forgot that they had agreed to payments being made on the 1st not the 15th of the month so it appears to their untrained eye that we are further in arrears every month for 2 weeks till the payment is made.

 

No they have transferred us to Rooftop which filled me with a little dread and low and behold within a month they are threatening possession unless the arrears are cleared etc. This we can deal with but it hacks me off when we have been overpaying even slightly for a long time now without the need for this threat and suddenly change of company = change of attitude.

 

The eye watering bit was they also mention something called "Monthly Insurance Charge" of £37 and "Arrears Management fee" £40 on a separate statement going back to 2008 which totals over £4000. Thye have quite conveniently now added that to the arrears figure to make it look a lot worse albeit in a separate paragraph.

 

So can anyone comment please on the charges and if we need to worry, and also anything we can do to calm them down on the arrears front, or are we over a barrel on this ?

[jotty]

It was informal in as much as we paid it and they didn't proceed with any other action, never had it in writing though sadly.

[jotty]

Its at least 12 months, the rate changed and payments due dropped but we continued to pay the usual figure which was £52 more than it should have been.

[jotty]

Thanks BankFodder, it does seem a bit hard faced from them as your right it isn't my fault that they bought the debt and the perceived problems.

 

Have you any advice about the fees they appear to want to levy on us as well, it appears that they also took these on as an almost separate account and seem to think it is an another nice revenue stream. Are Rooftop not just JP Morgan under another name ?

[jotty]

Yes will do many thanks.

[jotty]

This is the first time we have ever had these separate statements covering charges so don't have a lot of old paperwork.

 

However I recall that every year until around 2014 they would ask for a copy of our home insurance policy which we sent usually by fax but they would still state if we didn't send them the copy that they would place their own insurance in place in case the house fell down from their providers at their cost.

 

I can only think that they have gone ahead even though we had insurance.

 

Do these possibly class as unlawful charges as we would have never had copies of the ins docs and wouldn't have been aware of their existence ?

[jotty]

DX your right my friend I feel another charges reclaim battle coming, problem is I wont have the previous years of insurance policies etc and I know the current one but I would struggle to find the names of the others. Whats the level of proof on this ?

[jotty]

I recall they would send a letter every year asking for details. and I would send them a copy totally unaware of the fact I was being charged.

[jotty]

All letters and SAR's sent I will update in due course. Thanks to all.

[jotty]

Got a response back from this lot,

 

first letter is 95% about how they will obtain possession order etc etc,

the bit I noticed most was when they refer to the arrears,

 

currently £1600 and decreasing, plus the figure from the other statement they sent me for the first time containing admin fees

- insurance fees etc going back to 2009 totalling £4500 as a combined £7000 of Default fees.

 

They are therefore telling me in writing that admin fees and charges for insurance are now Default fees ?,

and not straight forward charges for things they see as legitimate ?

 

Is it time to involve the FCA ?

 

Also if a mortgage is transferred to another company,

does the old possession order transfer as well.

 

We had one in 2009 with JP Morgan which they never enforced but Rooftop are getting all excited about ?

[jotty]

Had another demand from Rooftop this morning, wording changed from may to will so getting worried.

 

The suspended possession order as stated was granted for JP Morgan,

I have checked land registry and our house is now registered to Rooftop.

 

Cant understand the sudden change of attitude by them,

the arrears have decreased but they are now stating that the judge in 2009 ordered we pay back £173 per month above the usual payment which we cant remember although we did clear the arrears at the time. The latest ones are since 2014 but are decreasing.

 

For info Rooftop took over the mortgage in December last year.

Arrears currently £1700 with monthly payments due of £630,

so just under 3 months and like I say decreasing.

 

Any advice please ?