All monies on clause mortgages

[Amethyst]

Re: All monies on clause mortgages

Hey Nelly

No one is at fault.

The agreement Jester made with the bank allowed for them to obtain an unconditional possession order which they have agreed not to execute if he keeps to the agreed installment plan. He now needs to apply for suspended possession or to have it ovetturned completely as he has kept to the payment agreement.

The RBS guy will have been instructed to obtain an unconditional possession order without any detail behind it (which is a bad on the part of RBS) and thats whats made things sound so final in court. They can't go into court and say we want an unconditional possession order but have no intention of instigating it if he keeps to the payment plan, cause basically they wouldnt get it...so it is a dodgy move on the part of RBS and its a kind of ''if you dont pay as agreed we will whip your house from under you'' thing....

Jests legal aid solicitor was a pillock basically - but to be honest RBS got the outcome Jester agreed to in the payment agreement. So now its just sticking to the arrangement and asking the order be amended to take that into account .

He also needs to, in my mind, clarify what 'and extra' means in the payment agreement.

[enaid]

Re: All monies on clause mortgages

Thanks Ame for that, I do understand it now. In actual fact RBS have been a bit naughty, I thought that.
So Jester will have to pay £1338.00 per month, plus whatever they decide to pay of the arrears.
Well all the best Jester I really hope it all works out.

[TUTTSI]

Re: All monies on clause mortgages

Hi Jester

We are working with our lender Rooftops under a suspension order for reposession as my hubby had two emergency eye ops last year and fell just under 3 months in arrears. We agreed with them using the Norgan case to pay the arrears over 4 years and go back on DD. We fell behind again mostly health and clients not paying for services leaving us in a precarious situation. We further agreed with them to add the further arrears onto the mortgage and we increased the monthly payments, we are now paying an extortionate amount opf money. The upshot is now if we do not keep to the arrangement the house will be automatically be repossessed.

We have also without vain been trying to sell the house and so far we have dropped £50K off the original asking price and only 1 veiwing in the last 6 weeks. If we drop much further we will be in negative equity and if we were unable to pay the monthly payments including the arrears we will be out on the street.

Our plan was to move to rented house as funnily enough rentals are for a nicer house in our area a third cheaper than what we are currently paying on our mortgage which is interest only and we are never going to be able to afford to pay the capital.

xxxxx

[Jester]

Re: All monies on clause mortgages

Thanks Everyone for the replies.

I treated the kids yesterday by taking them to Oakwood Adventure Park. Couldn't really afford it but felt that everyone needed somewhere to let off steam after the events of the last week. So I was not around all day yesterday.

Couple of points though.

The email I sent to the CEO of RBS (Sir Fred Goodwin) through Mary McCullum has not elicited a response. Will give them to the end of today to respond and then I am going to formally send the letter as a complaint through the snail-mail. However, I will also be sending a copy to the FSA, FOS and OFT.

Exc - Any chance you can PM me some known contacts in the OFT and FSA that I can send this letter to (as both their websites say they do not deal with individual consumer complaints) ?

How do I go about appealing this decision as it quite plain that the RBS solicitor asked for complete repossession that he should not have done ?

Who do I complain to about the conduct of my Legal Aid Solicitor ?

Any other suggestions as to how I can go about this and getting things changed ?

Time is ticking away and is no longer my friend. I have to start doing something NOW !!

[scottishlass]

Re: All monies on clause mortgages

Hi Jester,

I hope you had a lovely day, you and your family deserved a break after what you have been through recently.

Not sure if this will help you might be worth trying tho

LSC Website : Complaints

sorry can't help with the rest I am sure some of the more knowledgeable bods will be along soon to answer you questions.

Keep your chin up SL xx

[scoobydoo]

Re: All monies on clause mortgages

"
I just went through the contacts on the sticky and rang Mary McCallum Personal Assistant to Sir Fred Goodwin who put me through to Michael Duncan (0131 5235317) who said he will look in to it and call me back before midday. Fingers crossed!!"



copied from OTR
Maybe try calling them and ask why no responce
scooby

[EXC]

Re: All monies on clause mortgages

Exc - Any chance you can PM me some known contacts in the OFT and FSA that I can send this letter to (as both their websites say they do not deal with individual consumer complaints) ?

How do I go about appealing this decision as it quite plain that the RBS solicitor asked for complete repossession that he should not have done ?

Who do I complain to about the conduct of my Legal Aid Solicitor ?

Any other suggestions as to how I can go about this and getting things changed ?

Time is ticking away and is no longer my friend. I have to start doing something NOW !!

Jester

I'm doing that now. The only problem is that for both the FSA and OFT, this is essentially a mortgage issue I would imagine. The OFT don't cover morgages and I don't know who does at the FSA.

[Jester]

Re: All monies on clause mortgages

I received a letter in the post this morning from the office of the CEO of RBS, which states that they have asked those involved for a full briefing as to what happened.

They have promised a thorough investigation and a formal response from the banks' executive once those investigations are fulfilled.

Will wait with interest as to what happens on this front.

Might explain why RBS Collections were all in a meeting this morning when I called them and might also explain why they were so courteous and nice toward me (I almost fainted at the polite and courteous treatment they afforded me on the phone today).

Still going to be writing in and asking for a formal explanation of what is happening and their intentions in PLAIN INTELLIGIBLE LANGUAGE though !!

[Budgie]

Re: All monies on clause mortgages

Sounds promising Jester

[scoobydoo]

Re: All monies on clause mortgages

moving in the right direction.

Have you formulated exactly what you are aiming for? despite the obvious staying in the house.

Can you maintain interest only payments if you do not get a refund on your bank charges?

Is that what you will ask for together with having the immediate threat of losing your house removed?

[Jester]

Re: All monies on clause mortgages

I can maintain interest-only payments, but that agreement ends at the end of September. Whether they would extend it is entirely down to them. But given the current housing market, surely they would be happier receiving an interest-only payment (and therefore the debt not increasing) rather than repossessing the house and having that sitting on their hands ?

Given the record losses RBS have reported today, I really don't know how they would react.

However, I am 90% confident I have now secured myself employment (have a couple of options it seems at the moment). Assuming one of these comes to fruition, then I should be able to afford full repayments again.

So, fingers crossed really. Hopefully I am winning this battle. Just need a few things to go my way in other parts of my life now. I am due a bit of good luck I think

[scottishlass]

Re: All monies on clause mortgages

I can maintain interest-only payments, but that agreement ends at the end of September. Whether they would extend it is entirely down to them. But given the current housing market, surely they would be happier receiving an interest-only payment (and therefore the debt not increasing) rather than repossessing the house and having that sitting on their hands ?

Given the record losses RBS have reported today, I really don't know how they would react.

However, I am 90% confident I have now secured myself employment (have a couple of options it seems at the moment). Assuming one of these comes to fruition, then I should be able to afford full repayments again.

So, fingers crossed really. Hopefully I am winning this battle. Just need a few things to go my way in other parts of my life now. I am due a bit of good luck I think

Will keep everything crossed for you Jester and yes you deserve some good luck, won't congratulate you on the job front just yet till you get confirmation, we are all rooting for you.
:tinysmile_grin_t:

[EXC]

Re: All monies on clause mortgages

Neither Bob E or Wendy from MSE have heard of the 'all monies clause I'm afraid.

[scoobydoo]

Re: All monies on clause mortgages

Hi Jester

I think if they do contact you as a result of your email or if you call them that is exactly what you should be aiming for . An extension of the interest only payments/ the Immediate threat of loosing your house removed and confirmation of all of this in writing . Plus possibly an apology for the way you have been treated.

Do you know what costs have been added to your account if any in respect f the court hearing? If there are some I would possibly be asking for a refund on the basis that they lied in the POC about how you had not been in contact with them . Worth a try

today is supposed to be very lucky in china - maybe it will be a turning point for you

Scooby

[TUTTSI]

Re: All monies on clause mortgages

Hi Jester

In case you had not seen this article:-


http://www.guardian.co.uk/money/2008...rss&feed=money