reposession

[clackerton]

hello forum,
please can i get some advice regarding an unusual situation with my mortgage.

I am in court monday for arrears of 4k,for possesion,however,
8 weeks ago the mortgage company refunded me 6.6 k in charges etc that i didnt even know i would get.
they say in the letter that this refund will not go towards arrears,how would i be able to defend next week that i feel there would be no arraers,in fact account would be in credit,if they applied the refund against the arrears.or at least part of it.

i have no solicitor and my work has gone very thin and they will not help they just want to reposses.

thank you.

[MIKE770]

Re: reposession

hello forum,
please can i get some advice regarding an unusual situation with my mortgage.

I am in court monday for arrears of 4k,for possesion,however,
8 weeks ago the mortgage company refunded me 6.6 k in charges etc that i didnt even know i would get.
they say in the letter that this refund will not go towards arrears,how would i be able to defend next week that i feel there would be no arraers,in fact account would be in credit,if they applied the refund against the arrears.or at least part of it.

i have no solicitor and my work has gone very thin and they will not help they just want to reposses.

thank you.

Let me get it straight, you have received £6.6k refund direct to you? if the case pay the said arrears direct to them sent Recorded delivery/copy everything, if court you got proof of their letter also payment made - !
or have a point been missed?

[clackerton]

Re: reposession

they gave a refund and say it will not come off the arrears just the capital ! i didnt actually get the cash in a check or something.

[Amy]

Re: reposession

No Judge wants to evict people from their home and I don't think the Judge will look very kindly on your mortgage company for applying the refund to the capital rather than the arrears, to be frank with you.

Do you have copies of all correspondence that you can show the Judge on Monday?

Can you afford to pay your monthly mortgage repayments from now on?

[clackerton]

Re: reposession

No Judge wants to evict people from their home and I don't think the Judge will look very kindly on your mortgage company for applying the refund to the capital rather than the arrears, to be frank with you.

Do you have copies of all correspondence that you can show the Judge on Monday?

Can you afford to pay your monthly mortgage repayments from now on?

thank you all for replies so fast,
i have a copy of the letter explaining that it will not come off the arrears,however,my work contract finished last week,so at the moment cannot meet full monthly payments only partly,until i get further work which could be a few weeks in this climate.
they tried for posession last november,but i managed to pay 3.5k to stop that.

[WendyB]

Re: reposession

Plus I would have thought that you should be given the choice of what to do with the refund. Say if you weren't in arrears - you may not have wanted to reduce the capital and may have wanted to leave your mortgage as it was and spend the 6k on something else.

[Amy]

Re: reposession

Ok, that's very good then.

This shows you are doing your very best to keep your home and more to the point it shows very clearly that your mortgage company are trying their hardest to take it from you, rather than help you.

If you paid the arrears then you would have enough for how many payments out of the remaining refund?

[clackerton]

Re: reposession

Plus I would have thought that you should be given the choice of what to do with the refund. Say if you weren't in arrears - you may not have wanted to reduce the capital and may have wanted to leave your mortgage as it was and spend the 6k on something else.

thank you,

i think the reason why they did it like that is because,i have a secured loan with a company owned by them,which is in arrears of 1200£,and they are taking me to court for posession in two weeks,so a two pronged attack for the property,the second loan by the way was for about 9.5k i have paid 9k off it but because of missed payments (self employed) i always caught up,it has ballooned to what they say is 19.5 k and they will not at all refund any fees or charges including ones that are a blatant lies on the statements like home visits 5 times at 135£ a pop.which never happened.

as you say,if they had gave me the refund direct,i would now have no arrears with either of them,which strikes me as very malicous of them.

[clackerton]

Re: reposession

Ok, that's very good then.

This shows you are doing your very best to keep your home and more to the point it shows very clearly that your mortgage company are trying their hardest to take it from you, rather than help you.

If you paid the arrears then you would have enough for how many payments out of the remaining refund?

5 months payments

[TUTTSI]

Re: reposession

There is more than likely hefty charges and PPI...... all of which needs to be addressed and you should from your statements be able to see what has been charged?

If not you need to send a SAR to the lender immediately requesting all this information, they though have 40 days to respond, but this can then be bought to the courts attention?

If you are able to continue paying the mortgage with a small amount to cover the arrears you may just get a suspended possession order. You can spead this over the remaining term of your mortgage - quoting the
Cheltenham and Gloucester v Norgan case. http://www.google.co.uk/url?sa=t&sou...7hiW09eZAyNMng

[Amy]

Re: reposession

I really think if you make all of what you've said above clear to the Judge, he'll agree with you.

Do you have all your information in a presentable ring binder? Could you pick out any piece of information he or she asks for quickly?

As for the charges repaid, why have they repaid some but not others?

[clackerton]

Re: reposession

I really think if you make all of what you've said above clear to the Judge, he'll agree with you.

Do you have all your information in a presentable ring binder? Could you pick out any piece of information he or she asks for quickly?

As for the charges repaid, why have they repaid some but not others?

hi thank you,

the letter they sent has the following wording

"we can confirm that we have calculated that your account was overcharged and that we have credited your account by £6660.56,including interest.
the refund due has been credited to your account and will be shown as fees and redress on your next statement.Please note,that if you are currently in arrears,this credit will not affect your current arrears position."

the reason why the second charge people have not refunded is because even though i have sars from them both,i think they dont feel the need to refund as it would probably take the account down to about 2k,so would probably not want to do that.

i dont understand why that companies like this are able to do this sort of thing.the reason we got the second loan was because of arrears on the first mortgage,so instead of helping us then in 2005,they gave us a ten k loan with a subsidiary of theirs,that cleared the arrears at that time to the first mortgage.that they own.

[clackerton]

Re: reposession

Plus I would have thought that you should be given the choice of what to do with the refund. Say if you weren't in arrears - you may not have wanted to reduce the capital and may have wanted to leave your mortgage as it was and spend the 6k on something else.

do you think perhaps that the judge see it like this ?or could the mortgage solicitor argue a valid point of law for not applying it for arrears reduction?

[WendyB]

Re: reposession

You simply have to do what has been suggested by Amy. Get everything organised in date order in a file and be able to refer to it easily. Write yourself a list, or statement of the points you want to bring to the Judge's attention. I know this seems really scary but believe me it isn't as bad as you think. I myself was in a similar position some years ago, the hearing isn't in a big courtroom with a public gallery, it will just be you, the judge and their representative in a little side room. Not as daunting as you think.

With regards to the other charges on the secured loan, it doesn't really matter whether they want to pay you back or not, if they are legally obliged to they will have to. But set that aside for now, and just let's get the hearing on Monday sorted first. Then we can look at the secured loan charges as a separate issue afterwards.

Which part of the country are you in, by the way?

[clackerton]

Re: reposession

do you think perhaps that the judge see it like this ?or could the mortgage solicitor argue a valid point of law for not applying it for arrears reduction?

sorry,just want to ask this again please.

could the mortgage solicitor argue a valid point of law for not applying it for arrears reduction?

Read more at: reposession - Legal Beagles Consumer Forum