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Hi everyone. Can I ask for help with a mortgage problem i have, its a bit long winded, so sorry for that.
Last year i got an eviction order for mortgage arrears, as I had been out of work for a while and coiuldnt make the payments. Even when i was back working I had a problem because the mortgage company had somehow moved my payment date from 3rd of the month back to 26th of the month, which meant it was due even before my payday, so this caused more issues as they refused to move it back again.
Before I received the eviction order i had sent an income and expenses sheet to the mortgage company and asked them if we could make an arrangement to pay the arrears. 3 times they refused, telling me they would only accept the full amount. I filled out an N244 form and got a hearing, presented bank statements, payslips etc to the judge, and they agreed an arrangement of £500 on top of the mortgage amount as well as a goodwill lump sum to be paid by a certain date. I paid the lump sum on time.
I spoke again to the mortgage lender to ask to change the due date and they finally agreed to change it to 31st of the month, which was not ideal but a lot more helpful. a few days later I received a letter dated 20th May confirming the new due date of 31st of the month, but the letter also said that my next payment was due on 30th June - 6 weeks away. On 30th June i paid the correct amount, however the lender started calling me, telling me i had missed a payment in May, so i was in breach of the order. Since the order stated that I had to pay on the date demanded by the lender, I mentioned the letter, but the lender denied it had sent it (luckyly i kept a copy).
A couple of months later the lender applied to have the order revoked, there was a hearing that I didnt attend as i hadnt been advised, and they used the fact that i didnt make a May payment to say that i had breached the terms of the order.
They then started calling me, asking me to pay the total arrears and I asked to enter into an arrangement and they refused. I kept paying the mortgage amount plus the amount the court had ordered, some months I was paying an extra £1500. After a couple of months they said they would only enter into an arrangement if i paid the "missing" May payment, i argued that their letter advised me not to make a payment in May, over the next 6 months I repeatedly wrote to the lender asking them to accept a reasonable overpayment (whilst still making overpayments) but they always refused.
In January they started legal action again, refused reasonable requests to enter into an arrangement, asking for the full amount, and I submitted an N244 again and we ended up back in court this week. The lender didnt attend the hearing this time and the judge, seeing the lengthy correspondence and that I'd reduced the arrears by over £8000 in 10 months, suspended the warrant again.
Apologies for waffling, I'm out of breath reading that back.
SO - my qyestion is, can i ask for costs? The lender has been applying late payment fees for me not being in an arrangement, theyve charged legal fees and other disbursements, but I feel that they've acted unreasonably, unfairly and untruthfully. If they hadnt acted this way, if they hadnt lied about their letter, then all this expense could have been avoided.
Could someone kindly let me know if I'm wasting my time, or if there is a chance for costs, and how i would go about it.
thank you. :-)
Last year i got an eviction order for mortgage arrears, as I had been out of work for a while and coiuldnt make the payments. Even when i was back working I had a problem because the mortgage company had somehow moved my payment date from 3rd of the month back to 26th of the month, which meant it was due even before my payday, so this caused more issues as they refused to move it back again.
Before I received the eviction order i had sent an income and expenses sheet to the mortgage company and asked them if we could make an arrangement to pay the arrears. 3 times they refused, telling me they would only accept the full amount. I filled out an N244 form and got a hearing, presented bank statements, payslips etc to the judge, and they agreed an arrangement of £500 on top of the mortgage amount as well as a goodwill lump sum to be paid by a certain date. I paid the lump sum on time.
I spoke again to the mortgage lender to ask to change the due date and they finally agreed to change it to 31st of the month, which was not ideal but a lot more helpful. a few days later I received a letter dated 20th May confirming the new due date of 31st of the month, but the letter also said that my next payment was due on 30th June - 6 weeks away. On 30th June i paid the correct amount, however the lender started calling me, telling me i had missed a payment in May, so i was in breach of the order. Since the order stated that I had to pay on the date demanded by the lender, I mentioned the letter, but the lender denied it had sent it (luckyly i kept a copy).
A couple of months later the lender applied to have the order revoked, there was a hearing that I didnt attend as i hadnt been advised, and they used the fact that i didnt make a May payment to say that i had breached the terms of the order.
They then started calling me, asking me to pay the total arrears and I asked to enter into an arrangement and they refused. I kept paying the mortgage amount plus the amount the court had ordered, some months I was paying an extra £1500. After a couple of months they said they would only enter into an arrangement if i paid the "missing" May payment, i argued that their letter advised me not to make a payment in May, over the next 6 months I repeatedly wrote to the lender asking them to accept a reasonable overpayment (whilst still making overpayments) but they always refused.
In January they started legal action again, refused reasonable requests to enter into an arrangement, asking for the full amount, and I submitted an N244 again and we ended up back in court this week. The lender didnt attend the hearing this time and the judge, seeing the lengthy correspondence and that I'd reduced the arrears by over £8000 in 10 months, suspended the warrant again.
Apologies for waffling, I'm out of breath reading that back.
SO - my qyestion is, can i ask for costs? The lender has been applying late payment fees for me not being in an arrangement, theyve charged legal fees and other disbursements, but I feel that they've acted unreasonably, unfairly and untruthfully. If they hadnt acted this way, if they hadnt lied about their letter, then all this expense could have been avoided.
Could someone kindly let me know if I'm wasting my time, or if there is a chance for costs, and how i would go about it.
thank you. :-)
