helmsman's Mortgage Hassles

[helmsman]

Going to take our chances with the courts

Hi this is 1 for Plan B please,
Having problems with mortgage long story short, will be going back to court soon lender trying for repo we hope to win but my question is we have noticed on mortgage statement a charge for litigation 2012 over £500 we were never advised of this it has just been secrectly added we wondered whether we should have been advised this charged would be added as it will make shortfall on payments of mortgage plus 6 years of % added on.
Thanks.
Helmsman
PS the judge said they were not to add any charges when we were in court in 2011.

[PlanB]

Re: Helmsman UE Diary

will be going back to court soon lender trying for repo we hope to win but my question is we have noticed on mortgage statement a charge for litigation 2012 over £500 we were never advised of this it has just been secrectly added we wondered whether we should have been advised this charged would be added as it will make shortfall on payments of mortgage plus 6 years of % added on.

PS the judge said they were not to add any charges when we were in court in 2011.

The judge was right. As far as I am aware you can only be repossessed on the basis of mortgage arrears (i.e. the contractual payment) not any charges added - albeit you may still have to pay them.

If you were previously in court in 2011 and the legal fees were added in 2012 that may be because the solicitor instructed by the lender didn't present their bill for a few months. I'm guessing that, but could these legal costs relate to something else? Your mortgage contract will probably allow for the lender to charge you for their pursuit of any breach of contract (e.g. arrears). Ask them for a breakdown for starters. If you were not advised of these charges at the time then you were denied the opportunity to pay them so I don't see why they should add interest to them for years. For all they know you may have wished to write out a cheque to settle them immediately to avoid interest being added.

When I had a similar scenario two years ago I complained to the FOS and the lender had to refund most of my legal fees. I had an ATP in place when they issued possession proceedings and they eventually agreed to back off. Nevertheless they went ahead and listed the hearing, then an adjournment, then another re-listing and another adjournment etc. The FOS said these were unnecessary and ordered them to pay the whole lot back. The FOS do get things right sometimes

Here's a similar complaint on litigation fees and arrears' charges upheld by the FOS (and some others which may help you):

http://www.financial-ombudsman.org.u...rears.html#cs7

[PlanB]

Re: Helmsman UE Diary

Having problems with mortgage long story short, will be going back to court soon lender trying for repo we hope to win.

I hope you win too, but why is this going back to court when lenders are only supposed to use court as a last resort?

[PlanB]

Re: Helmsman UE Diary

PM received and replied

Would it help you if Site Team started a new thread on your mortgage repossession hassles if this conversation is to continue

[IF]

helmsman's Mortgage Hassles

PM received and replied

Would it help you if Site Team started a new thread on your mortgage repossession hassles if this conversation is to continue

Moved

[PlanB]

Re: Helman's Mortgage Hassles

Moved

That was quick

[helmsman]

Re: helmsman's Mortgage Hassles

Hi Plan B,
This has been going on since 2008 we changed 0ur mortgage from cap/% to % only they say 6 months we say permanently, we lost at the FOS but that does not matter as the same judge will hear this case again he insisted if we were not happy with the fos (he could not understand why we were going to them as he had read the statements but our solicitor thought it best to save money) we believe as did the solicitor after we left court we would have won. So the £500 added was sneakily done as we were given no notice of this it was just put into a yearly statement so I will be hoping to use this in court against them.

[PlanB]

Re: helmsman's Mortgage Hassles

I got your PM this morning and I'll start to look out for any case law I can find on capped mortgage rates etc. It may take me a few days but your hearing isn't until February so we have time

I may have some more questions to ask you on here. It would help if you could tell me the name of your lender for starters.

In the meantime this website Nearly Legal has exceptionally good case law for repossession issues in particular Appeal Court and Supreme Court rulings which have not been reported. Have a general read to see if any of it may apply to you. Sometimes you go into court with one legal argument which relies on the DJ being 'persuaded' rather than a black and white legal situation. But if you can come up with two or more arguments to support your case then the odds get better.

http://nearlylegal.co.uk/blog/catego...ge-possession/

It says in my signature that I may ask you for documents by email or PM, so I'll check this with The Boss and if so I would like to see the FOS' Decision in the hope that it triggers some line of thought.

Finally are you happy that the same DJ will hear your case or would you like to apply for a change? You've already met him so you've got some idea of whether he has a sympathetic ear or not.

[helmsman]

Re: helmsman's Mortgage Hassles

Thanks Plan B,
Nat west are the bank, very happy with the Judge to oversee this as I said we would have won.

[PlanB]

Re: helmsman's Mortgage Hassles

Hi Plan B,

. . . . the same judge will hear this case again

. . . . so I will be hoping to use this in court against them.

Eeek Am I right in thinking this case is due in court this month. Is there anything you need?

Plan B xx

[helmsman]

Re: helmsman's Mortgage Hassles

Eeek Am I right in thinking this case is due in court this month. Is there anything you need?

Plan B xx

Hi,
Next week in court, we are seeing a barrister next week as well the day before to assess our chances (which I believe are excellent) but need reassurance, it will be postponed until a later date for a hearing. Will keep this updated as we progress. It is expensive using a barrister but as a certain solicitor said to me it is the best thing to do. and hopefully we will be able to claim costs if we win.