Help: Repossession Cheshire/Blemain

[WendyB]

Re: Help: Repossession Cheshire/Blemain

I think it might not be a good idea to go for the charges reclaim whilst your mortgage is still with them, in case they have a term somewhere (they probably have) which allows them to call in the mortgage. I think most advise says to only reclaim charges once you are no longer mortgaged with a company.

[stressedout]

Re: Help: Repossession Cheshire/Blemain

Well, we are back in Court on the 4 June. Still no word from the HA about the buy back. We have sent the valuations and redemption statement but they have been very quiet!!! The problem we now have is that the valuation came out less than the redemption figure simply because of all the charges that have been added to the account. Not sure what the HA will make of that to be honest. We have requested from Cheshire a full breakdown of charges that have been added to the account as we believe these to be excessive. Charging for phone calls we have asked them not to make seems to me to be highly immoral! We have also asked for a full explanation of how they calculate the payments in terms of what is repayment and what is interest.

It's unlikely that all this info will be with us in time for the hearing on 4 June, so we are going for another adjournment. I believe we are entitled to this information whether or not we still have our mortgage with them. I was advised not to challenge them at this stage but wait until the mortgage was redeemed, but we have to challenge them as we believe it makes a difference in the HA decision on the buy back.

Not sure whether we will get another adjournment but we are certainly going to try for it.

[scoobydoo]

Re: Help: Repossession Cheshire/Blemain

Do you have a clear figure for what is actually arrears on the mortgage and what is charges? They are not supposed to include the charges in the arrears figures that they use in court.

It seems to me the sooner you are rid of them the better and as soon as the mortgage is repaid you can put in a claim for the charges.

If you dont get a reply about a breakdown on the charges and the arrears make sure you bring this up in court.

Have you managed to make any mortgage payment since the hearing?
Are there any other change in circumstances that you can bring to the courts attention?

[stressedout]

Re: Help: Repossession Cheshire/Blemain

Hi Scoobydoo - Cheshire do not appear to have included the charges in the "arrears" figure. They have only added them to the overall redemption figure. However, we feel these are excessive due to the high number of "telephone calls" they supposedly made, despite us requesting them not to ring! They have also charged for "one line letters" basically asking us to call them!

Our worry is that because the redemption is more than the valuation, the HA won't come through with the buy back and we will be stuck with Cheshire!!! They really are the most arrogant company. Their letter about the charges says "the loan agreement allows us to claim costs, charges and expenses". Well so what, just because it says you can, doesn't mean you can charge what you like!!

Fortunately, we are now able to make the monthly payments - I was offered a job, not paying as much as I was getting but all the same its money at the end of the day! by the time we go to Court, a payment would have been made.

I'm doing a statement at the moment for the Court and I am bringing up the charges etc, and also asking for another adjournment. I have stated that in the circumstances as the figures are in dispute, I don't believe it is fair to grant a suspended order at this time.

What do you think?

[scoobydoo]

Re: Help: Repossession Cheshire/Blemain

Under the new protocol rules then the lender should make every effort to prevent possession if possible.If you get a chance I would email or send a recorded delivery letter with your proposal for resuming MP plus a VERY small amount toward the arrears - what ever you do don't feel under pressure to offer something you can not afford. You can increase it later when you can afford to - or ask them to capitalize the arrears at the end of the mortgage. Ask them on the basis of this to cancel the hearing. If they don't then it is worth remembering that the next decision will be up to the court not the lender.

If they say they will cancel the hearing - do not trust them - check with the court.

I am not sure how the court will react about the charges if they are clearly not in the arrears figures - as that really is a separate issue .

I agree with you these charges are unfair and when you get this week out of the way you have to decide the best way to tackle them. If the arrears are capitalized you will not show in arrears and will not incur the charges -then you have to decide whether to complain to the FOS - or wait until you are out of their grip.

When I get time I would really like to get an answer from the FOS about what their reaction would be if a borrower claimed back mortgage charges and then the lender threatened retaliatory withdrawal of the mortgage. Unfortunately they do not normally answer hypothetical questions and I have not found anyone who wants to be a Guinea pig ( not surprising really)

[stressedout]

Re: Help: Repossession Cheshire/Blemain

Scoobydoo - thanks for that. I think I will change the statement slightly and just say that the figures are in dispute and we are still waiting for a decision from the HA. I know what you mean about the charges - the Court are probably not interested in that, just the arrears. Cheshire have been very cagey on that, by not adding to the arrears figure, but the redemption figure, which obviously the Judge will see.

I was thinking along the lines of £40 a month off the arrears, to be honest that's all we could really manage. Good idea about doing a fax letter though - I'll get onto that later on. I will ask them to cancel the hearing, but I won't held my breath, they didn't do it last time!

Unfortunately, hubby will have to go on his own, as I can't go what with just starting my new job! I will make sure he has all relevant paperwork though and I've said to him to try and see the same guy from Shelter if he's there.

[scoobydoo]

Re: Help: Repossession Cheshire/Blemain

I think you are right about the redemption figure if they bring that up - you could say that you are disputing the charges and subsequent interest charged on them as you feel that they were totally out of proprtion to the work that would have been involved if they had adhered to dealing with you in writing and coming to some sort of agreement rather than forcing the court case.

You can present your new I&E sheet to support your proposal and state that you wish to keep to this payment initially for say 6 months to see how your probationary period of new employment works out . then you would be willing to review or discuss other proposals.

Best of luck with your new job and hope the hearing goes ok.

Hope this is a turning point for you.

[stressedout]

Re: Help: Repossession Cheshire/Blemain

thanks scoobydoo, I'll let you know how we get on.

[TUTTSI]

Re: Help: Repossession Cheshire/Blemain

Just to wish you all the best for your new job and hope that the forthcoming hearing goes well for you to.

Tuttsi xx

[scoobydoo]

Re: Help: Repossession Cheshire/Blemain

http://www.fsa.gov.uk/pages/About/Wh...ars/fees.shtml


I did find a link on shelter as well where they were recommending complaining about excessive mortgage arrears charges - under paying your mortgage - then I lost it

[magiciansgirl]

Re: Help: Repossession Cheshire/Blemain

Great news about the new job and to wish you well.

Kind regards,

MG

[stressedout]

Re: Help: Repossession Cheshire/Blemain

Scoobydoo - just had a look at the link in your last post - very interesting! This part in particular about good practice "where a lender charges a non-refundable fee for arranging an appointment with a 'debt counsellor', customers are informed in sufficient time to be able to cancel the appointment before the fee is applied to their account" - Cheshire never informed us they were sending "someone round" - they just turned up!! I would call that bad practice. Of course they have added a fee to the charges for this "visit"!

Thanks to everyone for all your kind words - I really appreciate it.

[TUTTSI]

Re: Help: Repossession Cheshire/Blemain

Scoobydoo - just had a look at the link in your last post - very interesting! This part in particular about good practice "where a lender charges a non-refundable fee for arranging an appointment with a 'debt counsellor', customers are informed in sufficient time to be able to cancel the appointment before the fee is applied to their account" - Cheshire never informed us they were sending "someone round" - they just turned up!! I would call that bad practice. Of course they have added a fee to the charges for this "visit"!

Thanks to everyone for all your kind words - I really appreciate it.

We had that with Melbourne Mortgages - they turned up at 7:15am without an appointment, we are going for compensation. They were very rude and arogant.

Tuttsi xx

[stressedout]

Re: Help: Repossession Cheshire/Blemain

We have received a letter from Cheshire' solicitors regarding our complaint about the charges etc. In that letter they state "that as Cheshire are a customer of the bank, this in effect means they are a corporate lender and as such cannot pass on any interest rate cuts". Is this true? If this is the case how come they can put UP interest rates and pass them?

Seems a bit one sideded to me!

We are back in Court tomorrow - no word form the HA about buy back but I've a horrible feeling that they won't come through with this!

[magiciansgirl]

Re: Help: Repossession Cheshire/Blemain

Good luck and as Cheshire aren't following protocol hopefully you will get another suspended order.

Kind regards,

MG