is it normal for a mortgage provider to try to get us to hand back the keys at the re

[halsaps]

is it normal for a mortgage provider to try to get us to hand back the keys at the repossession hearing London mortgage Co did without even seeing the judge he saw in our favour luckily but he made it seem like his was our only option is this allowed. help v much appreciated.

[Kafka]

Re: is it normal for a mortgage provider to try to get us to hand back the keys at th

No it is not.

Firstly the firm needs to obtain a Possession Order, which can either be Suspended, or Outright. Even with an Outright Possession Order the Court still grants a period by which you have to vacate and this is normally 28 days,although the Court can extend this and you can still sometimes make an arrangement with the lender, which you must not default on. Even then, if they want to evict you they still need to apply for an Eviction Order before they can execute it and force you to leave.

[halsaps]

Re: is it normal for a mortgage provider to try to get us to hand back the keys at th

No it is not.

Firstly the firm needs to obtain a Possession Order, which can either be Suspended, or Outright. Even with an Outright Possession Order the Court still grants a period by which you have to vacate and this is normally 28 days,although the Court can extend this and you can still sometimes make an arrangement with the lender, which you must not default on. Even then, if they want to evict you they still need to apply for an Eviction Order before they can execute it and force you to leave.

thanks for reply so quickly this was at the hearing there representative and solicitor took me and my wife to one side and wanted us to give them the keys I and my wife didn't expect to see them only in front of the judge can I complain to the law society or something I still suffer from depression as a result of all
of this

[PlanB]

Re: is it normal for a mortgage provider to try to get us to hand back the keys at th

is it normal for a mortgage provider to try to get us to hand back the keys at the repossession hearing London mortgage Co did without even seeing the judge he saw in our favour luckily but he made it seem like his was our only option is this allowed. help v much appreciated.

Yes it is normal, but it's also immoral :rant:

Do you currently have a suspended possession order or did you lose your home. Post up some background and I'll see if I can add anything useful tomorrow. There is a strict Pre-Action Protocol which lenders must follow before issuing possession proceedings and if London Mortgage Company failed to do this then there may be a way for you to get redress.

[Kafka]

Re: is it normal for a mortgage provider to try to get us to hand back the keys at th

thanks for reply so quickly this was at the hearing there representative and solicitor took me and my wife to one side and wanted us to give them the keys I and my wife didn't expect to see them only in front of the judge can I complain to the law society or something I still suffer from depression as a result of all
of this

Unfortunately you have no proof of what they said to you and so its your word against theirs. This is why so many banks, DCAs and their solicitors prefer conversations rather than correspondence. You can lodge a complaint, but I doubt it would achieve anything and right now the main issue is about your home, so I'd treat the complaint as an extra.

Please post up a timeline of events in date order of everything that has happened since problems began, so we can see the history of the problems and what they have done. there may be other things you can do, but each case is different so until we have full details we can't say. Many of us have been through this, so we will give all the help we can, but we do need as much detail as you can provide.

Also, please advise if charges have been added on for late payments or bounced payments as these can be reclaimed.

[halsaps]

Re: is it normal for a mortgage provider to try to get us to hand back the keys at th

no we repaid what we owed this was in 2009 and we finished paying the arrears July 2012 we had arrears of approx £1500 they also charged us £96
for a counsilor to visit us twice and did nothing and he was unable to give us any real help I had been unemployed between 2009 and only got a job in nov 2011. at the hearing we had a cheque from someones will we were willing to give the judge he said to put it in out bank and be a headstart on paying back the arrears we were paying £850 till we got out of the discounted period and it went down to a more manageable £450. i also informed LMC of my unemployment to unfair dissmissal and then redunancy

[halsaps]

Re: is it normal for a mortgage provider to try to get us to hand back the keys at th

Unfortunately you have no proof of what they said to you and so its your word against theirs. This is why so many banks, DCAs and their solicitors prefer conversations rather than correspondence. You can lodge a complaint, but I doubt it would achieve anything and right now the main issue is about your home, so I'd treat the complaint as an extra.

Please post up a timeline of events in date order of everything that has happened since problems began, so we can see the history of the problems and what they have done. there may be other things you can do, but each case is different so until we have full details we can't say. Many of us have been through this, so we will give all the help we can, but we do need as much detail as you can provide.

Also, please advise if charges have been added on for late payments or bounced payments as these can be reclaimed.

they cancelled the late payment charges or I believe most of them I don't think the 2 useless counsillor visits
can you claim for over the top legal fees and also the setting up of the mortgage in the first place.
I will find out what was refunded and what wasn't
your continued help is much appreciated

[PlanB]

Re: is it normal for a mortgage provider to try to get us to hand back the keys at th

no we repaid what we owed this was in 2009 and we finished paying the arrears July 2012

Let's look forwards as well as backwards

You need to feel reassured that this horrid situation can't happen to you again since you're still with this agressive lender. If you paid off the arrears then you can apply to the court to get that possession order cancelled so that they can't use it as a vehicle to get you evicted if you get into arrears again. If you do that then the lender would have to start all over again to get a possession order if you get behind with payments in the future and not be able to rely on the old order.

Looking backwards, yes you can challenge the solicitors costs. Your mortgage Ts & Cs probably had a clause which said the lender has the right to charge you legal fees if you breach the contract (by getting into arrears with payments). But that doesn't man they can make them up as they go along. Those fees have to be reasonable even if the court ordered them to be paid, which they most likely did if there was a possession order granted. Were the solicitors Drydens Fairfax by any chance?

Post up about the legal fees in isolation and we'll tackle that first. You should make a complaint to the lender about this issue, and then probably progress it to the FOS if they don't refund any overcharges :typing:

[Kafka]

Re: is it normal for a mortgage provider to try to get us to hand back the keys at th

Still needing a timeline of events here because it isn't clear what has happened and how it all fits together, because each case is different and the advice can only be based on what we know. This might not be the best advice if there are things we don't know.

[halsaps]

Re: is it normal for a mortgage provider to try to get us to hand back the keys at th

I will try to get all the charges letters and put them on a thread. thanks for all your continued support. very much appreciated
at the bottom of one letter it says that once the suspended order is paid it is no longer enforceable or is this not quite true.
also there solicitors were lightfoots

[halsaps]

Re: is it normal for a mortgage provider to try to get us to hand back the keys at th

Let's look forwards as well as backwards

You need to feel reassured that this horrid situation can't happen to you again since you're still with this agressive lender. If you paid off the arrears then you can apply to the court to get that possession order cancelled so that they can't use it as a vehicle to get you evicted if you get into arrears again. If you do that then the lender would have to start all over again to get a possession order if you get behind with payments in the future and not be able to rely on the old order.

Looking backwards, yes you can challenge the solicitors costs. Your mortgage Ts & Cs probably had a clause which said the lender has the right to charge you legal fees if you breach the contract (by getting into arrears with payments). But that doesn't man they can make them up as they go along. Those fees have to be reasonable even if the court ordered them to be paid, which they most likely did if there was a possession order granted. Were the solicitors Drydens Fairfax by any chance?

Post up about the legal fees in isolation and we'll tackle that first. You should make a complaint to the lender about this issue, and then probably progress it to the FOS if they don't refund any overcharges :typing:

I beliave that they have not been fair with all of these charges but can't attach the files how do I do this help v v much appreciated.

[FlamingParrot]

Re: is it normal for a mortgage provider to try to get us to hand back the keys at th

I beliave that they have not been fair with all of these charges but can't attach the files how do I do this help v v much appreciated.

When you are posting, you'll find a button at the bottom labelled 'Go Advanced'. Click that button and scroll down the page, you'll find a section called 'Attachments' and a button labelled 'Manage Attachments'. Click that button and a dialog box will open. At the top there's an option to upload files from your computer. :typing: You can upload JPEGs and PDFs amongst others. :nerd: :nerd: :nerd:

[halsaps]

Re: is it normal for a mortgage provider to try to get us to hand back the keys at th

here are some files what info would best help you give me advice. thanks for replies. lighfoots are investgating as well.

[halsaps]

Re: is it normal for a mortgage provider to try to get us to hand back the keys at th

and some more. I would like to add that most of the admin fees were refunded not the legal fees or the counsillor fees which I believe I was charged twice he was
useless and I even saw him at court so I feel that I was pre-destined to fail the arrangements made by him as I was so far over stretched by my outgoings and he didn't
seem to bothered about that.

[halsaps]

Re: is it normal for a mortgage provider to try to get us to hand back the keys at th

I have a firsrt reply but she is not answering the question of her solicitors conduct so don't feel I have much chance just to speak to the law ombudsman.
has anyone used them before.