Stop Repossesion DB Mortgages

[annabelle22]

DB have a suspended repossession order for my property.
Due to health and work problems I have got behind but since jan have paid installment and feb march installment plus extra. They will not come to an agreement and now say will go for repossession.

What can I do?

I have a good case against them for miss selling and charges if i start the process can i hold up proceedings?

Any ideas please.

thanks

[teaboy2]

Re: Stop Repossesion DB Mortgages

Hi Annabelle.

I know you kept your post brief as you probably didn't want to go into much back ground detail on the issue.

But given the lateness in regards to what stages things are at, were going to need as much details as you can give us in order for us to advise you correctly.

For a start:

Was this a loan or credit card?
How much was owed?
Whos DB (Maybe my mind is switch off this morning as i can't think of who DB could be)?
When did you start having difficulties?
What level of health issue were they that you faced e.g. hospitalized, surgery or mental health issues? (No need to go into full discription)
When did they first take you to court and did you defend against the claim - This is a key Question?
If you did defend what was your defence?
If you did not defend, why not?
When did DB get the suspension order?
Have DB been harassing you with constant phone calls or have one of the debt collectors?
Did you recieve a default notice?
If you did received a Default notice what was the date of the default notice and what was the rememdy date?
Have you a true signed copy of the original CCA? And if you defended in court did DB produce a true signed copy of a reconsituted one?

There will likely be more questions depending on the answers you give, but its only so we can get a full picture of whats what. Off course if you prefer i can ask the site team to move this thread to the private area and give you access to it. Also other members may have questions too, that i have not covered above.

EDIT

Ignore the first question, i just realised this is in the mortgage section so its likely a mortgage.

[thedeveloper]

Re: Stop Repossesion DB Mortgages

Hi Annabelle

Sorry to hear about your problems with DB

The short answer to your question is yes, you can delay repossession. If, as you indicate, you have a case against them for mis-selling you must take your complaint to the Financial Ombudsman Service (FOS). This is a very straightforward process.

Simply give them a call - their number is 03001239123 - then explain the nature of your complaint. They will then send you a complaint application form which you will fill in and return.

Once having received the completed form they will start the investigation. The preliminary stages take around three months. If after that time FOS decide you have got a case it will usually take a further six months to sort things out.

DB will accept repossession attempts during this period would be futile, as any Court, knowing that DB were being investigated by FOS, would delay repossession until investigations had been completed.

Without wanting to raise your hopes too much, there might even be compensation at the end of it!

DB as sub prime lenders have a very bad track record with regard to mortgage mis-selling. They were the first Company the FOS prosecuted and were fined over £800,000.

Anyway, at the very worst this course of action could delay repossession for several months.

Hope this has been helpful and good luck!

The Developer

[Mortgagecomplaint]

Re: Stop Repossesion DB Mortgages

DB did not miss sell any mortgages. As per the Final Notice served on them by the FSA they relied entirely on brokers to introduce business (sell their products). DB were fined for breaching their own lending criteria, irresponsible lending with regard to mortgages running into retirement, and offering self-certification mortgages to customers who would have qualified for full status mortgages. They were also fined for poor arrears handling.

[thedeveloper]

Re: Stop Repossesion DB Mortgages

Quite correct. DB did all their selling via brokers.

Change mis-selling to mis-handling.

Thedeveloper.

[smithyC1982]

Re: Stop Repossesion DB Mortgages

Hi,

Just wondering how things went? and if you or anyone help?

DB mortgages have instructed there solicitors to apply for a eviction date to the courts.

Mortgage Balance:- £98,798.71
Arrears: £7,828.00
Outstanding Charges: £1,250.00

As they never received my income & expenditure forms back, within 10 days of them sending the letter dated 5^th march. I then received a letter date the 5^th April advising they have instructed solicitors to file for a date of eviction. So I sent the photo copy which they never received and attached a letter. I also rang them that night to advise of the situation.

I have been speaking to Shelter every day they have to submitted a proposal for payment to DB Mortgages for them to take to management and which they now declined. DB Mortgages are advising there is short fall from the two income forms by £11.00 before the proposal was submitted etc

I proposed to pay £815.00 on the 15^th April, catch up for this year as I missed February (paid £415.00 15^th April). When following on from this can we please carrying on with the arrangement of your taking a payment every 15^th of the month and make the new payment of £500.00 each month.

They have advised they will not withdraw the eviction until they see some evidence that my circumstance’s have changed and my payment history, Also they are worried about affordability.

I spoke to the father of the my daughter he is quite on concerned about the situation and has offer to pay the mortgage payments for me each and month and act a guarantee on the mortgage. DB have advised they would not consider this.

Shelter have sent new proposal today to pay £1415.00 as my friend has offered pay some arrears for me. Following on with a monthly payment of £500.00. As the latest payments I missed was December & February.

Problem is they say it’s the 6^th time they have applied for eviction (I’m only recalling three times), and I’m 15 Payments behind. The suspended repossession order is from 2008. I have sent a request for a Subject Access Request to see what’s on my account.

My Mortgage payment is £357.00 the agreement is to pay £415 each month.

I’m a single parent with a 23 month old daughter I work 30 Hours, this is making me so stressed. I know its all my own fault.

I have been the doctors as I cant sleep, can’t concentrate on work, getting pins and needs in my left side. The doctor has put me on anti depressants and given me sleeping tablets, also been referred for counselling and to a specialist in regards the pins & needles (I have a appointment on 9^Th May)

I have entered in a payment plan with Step Change few months ago to sort my finances out once and for all.

I have not received a eviction date yet as I know soon as I do I need to apply for a emergency hearing via N244 form

This is all my own fault I managed to secure a payment arrange in court in October 2011 when I was first found out I was pregnant, and now I’ve let this happen again!