• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Date and words meaning of Court Document.

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Date and words meaning of Court Document.

    Hello, my mortgage bank threaten me a week ago. with eviction, bailiffs, and changing my locks, he is also calling every two weeks and nothing changes much on the housing market in two weeks. The person stated their solicitor would just seek an eviction order. In 2018 I got behind with mortgage payments, this was resolved with the litigation department, and I repaid and maintained my payments. I went through cancer and surgery 2 years ago, plus surgery this May (all good) but got behind, I am now making payments, put the house on the market, and ask for the arrears to be added. There is equity and no issue with the banks mortgage loan. The person handling the case (a new person) just tells me to go to a cash offer, (I already dropped a considerable amount) and talks of solicitors, eviction, forcing me out. I am always polite, calm and explain the steps I have taken to sell the house and maintain payments plus offer an overpayment. (refused) I have not informed the person that I have found this document, I just state I am trying to reach an agreement with the litigation dept without going to Court and the stress and costs involved. Once I said I need to end the call due to his comments but was polite.

    I have located the only County Court document. It states "Upon hearing the solicitor for the Claimant (Mortgage bank) and upon (my name) not attending. IT IS ORDERED THAT This matter do stand adjourned and generally with liberty to restore. My understanding is this is not supporting an order for eviction?

    The date is 11th December 2018. So the matter is also out of time, as it is over six years.

    My mortgage bank representative scared me, (I have a child) and lied stating the Court order was dated 10/2019. I have emails from the County Court this is the only documents, plus I restored the balance and resumed payments. in this previous Claim was not a concern until two weeks ago.

    Can you kindly confirm that my understanding is right. The Charities are on long waiting lists and if it is out of time, (2018) I would not wish to use the Charities valuable resources. I believe the mortgage bank have to go back to County Court with a new application and the Courts are currently running 9+ months behind, so I would be in a different position by then and a possible house sale. I am still deciding how to handle the person from my mortgage bank I am dealing with, his lies are a bit concerning but I know they are baseless. If anyone is facing a similar issue, go to the County Court and finds out what documents are current. Thank you in advance,
    Tags: None

  • #2


    This is not my area, but I think you will be advised that the matter is not yet statute barred as he limitation period for secured debt is 12 years.

    Hopefully my response will bump your post and others will respond.

    Comment


    • #3
      Not my area either but I agree statute barred for mortgage debt is 12 years, not 6.

      "Mortgage shortfalls

      A mortgage shortfall can happen if your home is repossessed, and not enough money was raised by the sale to pay the balance owing on the mortgage and any secured loans. Your lender may then chase you for the remaining amount.

      The Limitation Act says that the limitation period for mortgage shortfalls is twelve years for capital owed, and six years for the interest part of the shortfall.

      The cause of action (when the limitation period starts running) for mortgage shortfalls, is usually when the lender is entitled to be repaid in full. Under the terms of most mortgages, this will usually be after two or three missed payments
      ."

      Statute barred debts | Time limits for recovering debts | National Debtline
      All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

      Comment


      • #4
        Thank you. I wish to stay the Court Order as it was over six years ago, and I am paying my mortgage, my concern is that my mortgage bank, will use this hearing to ask for fully payment on arrears. The agreement I had with the bank is the arrears would be repaid on sale of the house. I am not sure of the waiting time to hear this application? the longer the better so I can sell my property.

        Comment


        • #5
          There is £250,000 in equity the mortgage bank would not loose out. If I apply to have this current open ended judgment (written above) to be "stay" do you think the mortgage bank would seek to gain the mortgage arrears. I have offered to over pay my mortgage payments which I am now making. ? My understanding is there is a long waiting tine to list for a hearing? Thank you.

          Comment


          • #6
            As nobody here has responded yet, have you tried seeking advice elsewhere. e.g. https://www.gov.uk/guidance/legal-ai...on-proceedings

            Shelter might be able to assist: https://england.shelter.org.uk/housi...ession_process

            Comment


            • #7
              Hi, I had a LT20 dated yesterday arrive today. There agent TLT LLP served it I spoke to them stating I had offer to overpay on my mortgage and the house is on the market. It's gone to my local Court. I need to stay this or stop it as the Court order it refers to which I have now obtained a copy, is dated 19/10/2019. It was based on previous arrears, that was added to a new mortgage and resolved by a mortgage bank litigation manager. (recently left) I can not get through to Shelter, I will try early tomorrow. Any advice (other than debt charity) on how to serve a notice at my local County Court to stop this? most welcome. I check the previous Claim and did not pick up the 19/10/2019. Thank you.

              Comment


              • #8
                Sorry, that should read a LT28 notice.

                Comment


                • #9
                  There is a "breathing space" scheme which might be helpful, but sorry, I really don't know
                  Try https://www.stepchange.org/how-we-he...ce-scheme.aspx

                  Comment

                  View our Terms and Conditions

                  LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                  If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                  If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                  Working...
                  X