firstly you have to explain why you think the PPI was mis-sold - if you are self employed then that is a good starting point. then you have to make an official complaint to the FOS about this and the charges.

have a look at the thread by pubman in possessions - that will explain a bit more.

Also check the sticky threads in possession section. It will explain the protocol rules that they are breaking

You are correct in that you need permission of the lenders - the first charge lender will probably give permission as they will get their funds - with regards to the second charge all you can do is ask them for their reaction.

It is much better to take this course of action rather than hand the keys over and as long as you continue to pay what you can afford then you should be allowed to remain in the property while it is on the market.

I dont think you can get a definitive answer to your question as each lender will have a different way of dealing with this situation.

Keep posting and let us know how you get on.

are you aware of the current Ministry ofJustice protocols?

OTC is right at the moment pay at least what you can -try not to miss whole payments.

Do you have any evidence of future work?

are you on repayment or interest only?

How many months arrears does the £5000 represent?

Do you have dependants in the property with you?

Well done - really glad that your case seems to be moving in the right direction.

Heres hoping the FOS do the right thing and speed your case up.

Hope you can relax a bit now.

Just to say thanks for all your exceptional help to those truly in need at this difficult time.

Here is hoping you have a lovely Christmas and can continue with your assistance next year.

Jan

Well done you - Have a`lovely christmas and enjoy your home. You deserve it!

Just checking in to see how you got on. Hope you are ok

credit unions dont run credit checks - but you have to check what is in your local area.

actually in this topsy turvy country that has the reverse affect. If you do not borrow it gives you a lower rating as you have not proved you can pay a loan back. Its crazy.

My son had never borrowed a penny , wanted to change his current account and required NO overdraft and was refused because of his credit rating.

then we wonder why we are in the state we are.!

or take control of what income you have and open an account with a credit union. then complain to the FOS.

You may have signed an All monies clause without realising it which means they may be within their rights.

But if you have no spouse or relative, you can prevent a forced sale by the council. For a modest fee to cover, in many cases, an amendment to property title deeds, there is a potential solution, says Mike Warburton, a tax partner at Grant Thornton, in The Times. Most couples buy a home as “joint tenants”, which ensures that on the death of one of them, their share of the property is automatically transferred to the other.

But it is also possible for a couple to own a property as “tenants in common”, giving both parties the freedom to give their share to whomever they like on death. So, if a husband dies and leaves his, say, 50% share of a property to a “discretionary will trust” (that holds his share for the benefit of, for instance, his children), then the value of his wife’s share in the property may be ignored at the point at which she needs care.

That’s because Department of Health rules only give local authorities the right to value the surviving spouse’s “interest in the property… not the property itself” when means testing for care support. That interest, in turn, is deemed to be worthless because the value of the widow’s share of the house can’t be established via a sale until the surviving children and the trust agree to one. This might sound a bit fiddly, but if you want your family property to remain in the family, then it is well worth taking legal advice on.

also found on age concern

only recently found out that when my mother was in an authority run residential home from

2002 until 2004 (self funding) she was eventually assessed as needing 24hr nursing care

and moved to a private Nursing Home by SS. She died earlier this year and it soon became apparent that

there were serious problems with her finances this has resulted in my employing a solicitor to

get some justice for my mother as every penny (and more) has gone. The upshot of all this is

the solicitor has read several documents including a psychologist report and the final joint assessment by

the Local Health Authority (District Nurse) and the Local Authority (Care manager) where it clearing

stated she needed 24hr care, because of physical and mental problems i.e immobile and dementia.

But what we didn't know was that she qualified for 'Continuing Care' that is all her fee's should have been paid for by the NHS.

It's going to be a long battle but my solicitor is trying to claim back at least 4 1/2yrs of funding.

So please make sure you get good impartial advice and cover every avenue before you let the

local Authority tell you what you have to do.

Your home, your assets and your care home fees : Directgov - Health and well-being

interesting suggestion to rent house out to pay fees .

I thought there were cases recently where it was proved in many cases there should not be sale of the property where care is necessary.I will have a hunt around.

Thought you may want to look at this. The government have failed haven't they?

 

Just 15 families helped by Government's home owners mortgage support scheme - Telegraph

 

"The Homeowner Mortgage Support Scheme is one of several Government measures to help struggling home owners. It allows those facing a loss of income, for example if they have been made redundant, to reduce their monthly mortgage payments for up to two years.

Politicians described the scheme as a “failure”, saying it was not helping to combat the financial difficulties facing home owners..."

As usual a good idea not executed correctly.

No surprise there.

As ell-enn has said try not to get into conversations with the lender about this now. Let the court decide .Please do not offer more than you can afford or you will be back in the same position. You can always make odd extra payments if and when you can afford them. that is better than not keeping to the agreement.

Make sure as well you point out the amount of charges and what the actual arrears figure is.

As ell-enn has said try not to get into conversations with the lender about this now. Let the court decide .Please do not offer more than you can afford or you will be back in the same position. You can always make odd extra payments if and when you can afford them. that is better than not keeping to the agreement.

Make sure as well you point out the amount of charges and what the actual arrears figure is.

If you go to the martin lewis website there is a whole section on how to check it and how to improve it as well - the cheapest way is to send a postal order by post - it only costs one or two pounds. It is worth doing and make sure you read all sections carefully including associated addresses etc and I found several errors on mine.

I think all the addresses are on that site as well.

I would - as the protocol was issued by the Ministry of Justice I would say it is relevant.

http://www.consumeractiongroup.co.uk/forum/repossessions/162867-blackhorse-long-story.html

dont know if there is anything on this thread that might help?

Just wanted to say best of luck for Monday.

Sorry do not know the answer to your question. I guess a mortgage company would do a credit check and check if your rent payments are up to date. Are you thinking of applying for a mortgage now? If not I should not worry too much as you can rebuild your credit rating.

Have you actually checked your credit rating to see how it is looking?

I know its not the same as your case but just to show you they have a reputation:

Blemain Finance v Bentley

A debtor has secured a five-year block on repossession in a claims management case against his lender, after using consumer credit law to challenge his secured loan

agreement.

Peter Bentley, of Bridgend, Cardiff, used the meaning of unfair relationships under Section 140A of the Consumer Credit Act (CCA) 1974 to claim that his loan contract with Blemain Finance was an unfair one. Blemain also agreed to charge no further interest on the £40,000 loan and cut his repayments from £550 to £150 a month.

At the High Court in Cardiff, Judge Milwyn Jarman also prevented the lender from levying any charges or legal costs "whatsoever." The judge barred Blemain for enforcing repayment via repossession for five years, but even after this period, it can only bring repossession proceedings if there are at least 12 months? arrears on the new level of payments.

Bentley's lawyers, Consumer Credit Litigation Solicitors (CCLS), successfully argued that Blemain had loaned the money to Bentley irresponsibly and that the agreement took advantage of his desperate situation. CCLS argued that shortcomings in the decision making procedure on granting the loan, such as in the under writing, affordability checks and valuation processes, led to the credit agreement being unfair.

Andrew Settle, solicitor for CCLS, said: "The relationship between the parties was an unfair one within the meaning of Section 140A of the CCA 1974. CCLS is utilising a significant number of legal arguments, like those used on behalf of Mr Bentley, in thousands of cases on behalf of our clients." CCLS successfully demanded to have the loan account re written, which is believed to be the first time a loan account has been rewritten under settlement, as a result of the unfair relationships test.

Sorry to hear your predicament - There was a case with blenheim where I believe the possession was cancelled because of the way the mortgage was sold as well - so yes I agree as well as the court action you must compalin to the FOS stressing the urgency of the matter.

If you go to the search button on the bar above and just put their name in I am sure you will find lots of threads.

Hope your solicitor can help you and that you get some form of compensation as well.

Keep fighting.

They are breaking all the possession protocol rules for a start.