All monies on clause mortgages

[Amethyst]

Re: All monies on clause mortgages

It actually states you give the bank possession, which doesnt necessarily mean vacate the property. You need to talk to RBS and confirm their intentions with regards the agreement you have with them and get it in writing if they dont intend to enforce the order.


From what I can see of the agreement they have shown their intention to get the possession order and enforcing it will depend on if you keep up the payments. Ok its not ideal as you have the possession order hanging over you, but its more hopeful than otherwise isnt it.

Their acceptance of your proposal was conditional on them getting the possession order to hold over you.

[Jester]

Re: All monies on clause mortgages

Well I am not about to hang around until the 23rd Sept only to find bailiffs smashing in my door and turfing us and all or stuff out into the street.

To say I don't trust RBS is a massive understatement.

Depends how you translate it I guess. But remember, I was in the court room when the RBS Solicitor stated that they wanted us OUT in 28 days. The Judge over-ruled him for 56 days.

[Amethyst]

Re: All monies on clause mortgages

No I realise that babe, which is why you should talk to them and get their intentions in writing. You already have it in writing that they won't enforce if you stick to the arrangement, and they didnt breach your trust by going for the possession order in first place as that was what you agreed to when negotiating the settlement.

You see what I mean tho ? I know its not nice having it hanging over you but at least theres a glimmer that RBS wont turf you out on 23rd so long as you stick to arrangement.


Try and get Tom or Cet to have a look.

[EXC]

Re: All monies on clause mortgages

I can't access the agrement but I've asked Jester to e-mail it.

For what it's worth I think Ame is dead right.

[Amethyst]

Re: All monies on clause mortgages

oh also FSA Handbook guidelines - there was a lot of discussion about how lenders are failing to follow FSA rules back in Feb March 08 - google FSA repossession for some interesting reading if you feel so inclined.

FSA Handbook - Full Handbook

[Amethyst]

Re: All monies on clause mortgages

Okay will type it up, seems to work sometimes and not others...hopefully Tools will get chance to try fix the darn attachments system but i would say for now might be best to stick images/scans in photobucket and link to their as a pic.




LETTER

17 June 2008

Dear Jester

Re First Active Account

Thankyou for your recent telephone call to this office

The Bank is prepared to accept £873.87 per month for July, August and September 2008 subject to an Unconditional Possession Order that will not be enforced if the contractual payments are maintained.

Please be advised that the Bank will require monthly installments of £1338.00 plus extra in reduction of the arrears with effect from 1 October 2008.

We hope the above clairfy matters.

Yours sincerely

xxx

Recovery Manager

[EXC]

Re: All monies on clause mortgages

It's on the way to him.

[Budgie]

Re: All monies on clause mortgages

Can you do the Judges order as well please Ame

XX

[Amethyst]

Re: All monies on clause mortgages

Order for possession


On the 29th July 2008, Deputy District Judge A T Jenkins
sitting at Swansea County Court xxxxxxxxxxxx
heard the Solicitor for the Claimant and the Defendant in person

and the court orders that

1: The defendant give the claimant posession of xxxxxxxxaddressxxxxxxxxxxxx on or before 23 September 2008

2: Money claim adjourned generally






Note
To the defendant
The court has ordered you to leave the property by the sate stated in paragraph 1 above.
If you do not do so the claimant can ask the court without further hearing to authorise a bailiff or High Court enforcement office to evict you. (In that case you can apply to the court to stay the eviction, a judge will decide if there are ground for doing so)

[EXC]

Re: All monies on clause mortgages

Tom's view of the repayment agreement:


It is clear from the letter that an offer has been made by Natwest not to execute posession on the basis of the stipulated payments being made. It follows that as part of the appeal, that letter and evidence of the payments made to RBS must be put before the appeal judge. The ordershould be varied so as to give affect to that agreement, which would mean a suspended possession order being granted (if at all).

Personally, my view is that an Unconditional Possession Order is incompatible with that agreement. It should not have been grantd in the circumstances, parrticularly where payments were made to RBS in line with the agreement.

Again, it is very important that Jester gets himself proper legal reprersentation at the appeal hearing.

[Amethyst]

Re: All monies on clause mortgages

Cheers EXC, and thanks Tom.

[Budgie]

Re: All monies on clause mortgages

And a complaint definitely needs to be made regarding your original legal aid provider !!!

The appeal and all the heartache that has been caused could have been avoided if they had done their job properly. I believe that they had a copy of this letter, didn't they ??

Budgie

[scoobydoo]

Re: All monies on clause mortgages

The DWP payments toward my mortgage would not cover the total necessary to cover interest-only payments, but that I assured RBS Collections that I would make that amount up from my own pocket despite it being a sum that I could not really afford.


Hi

back to my little point I was just really saying I dont think you should put in writing to anyone you made an arrangment you could not afford.

All your other points I agree with.

[Guest]

Re: All monies on clause mortgages

It would have been very useful to have seen that letter from them, dated 17 June, a bit sooner.

It is all crystal clear now. That letter spells out the intentions of RBS. This is why the RBS solicitor was "not there to negotiate" as you put it and why they did not seek costs. They wanted an unconditional possession order, which they informed you of back in June. This is also why, back in July, they served this claim on you, despite having an agreement with you. The claim for possession was an intrinsic part of the agreement.

You should do as Tom has suggested and obtain proper legal representation at your appeal and if you do, I really think you will be ok, provided that you stick to the arrangement.

[enaid]

Re: All monies on clause mortgages

So to put this in simple terms for the "not brightest button in the box."(me)

Does this all mean if these conditions are not met
"The Bank is prepared to accept £873.87 per month for July, August and September 2008 subject to an Unconditional Possession Order that will not be enforced if the contractual payments are maintained.

Please be advised that the Bank will require monthly installments of £1338.00 plus extra in reduction of the arrears with effect from 1 October 2008."
that an order is in place to reposses Jester's home.
If this is so why did the judge say he must vacate his property on or before 23rd Sept?
Who is at fault here if anyone? Is it the Judge, RBS or the solicitor?
Sorry but I am just trying to understand how this has all happened. Thanks Enaid x