Hi - thanks -have done some more reading but still cant get the answer I need - the crucial point for me is whether a sum of money set by the judge as being legal costs for the lender can then attract interest when there is no specific mention of interest in the order? my lender sold on my mortgage to another outfit who have added interest to these legal fees, which I should never have had to suffer in the first place and are with the FOS now as part of the whole product investigation, and this latest servicing company has taken a repo action against me for all these fees and charges and interest and managed to rack this up to over £9000 ! - in reality i have gotten behind with the actual mortgage by a month or two due to the 13 week wait period when claiming JSA. Any help much appreciated.

Hi - noticed your comment in earlier part of this thread and wondered if you could let me know where to get this info re interest on judgement costs - I have had costs added to my mortgage but then it was sold on to another company who are now adding interest to it. I want to challenge this as I cant see anything in the court order about interest either - thanks.

Hi - can anyone explain please whether the 8% interest is calculated just as a one off on top of the offer - it seems to me that Zurich Assurance have paid me too little and they have caught me out by sending an acceptance slip without figures - I was very surprised to receive a small sum and intend to send it back to them but not clear how the 8% works year by year? any advise please

Hi - many thanks for that

thanks - so therefore as i have my file is ongoing with the fos and in that time the lender has sold the product on again the new servicer says that its nothing to do with them and are taking me to court over the same charges imposed by their predecessor plus their own: surely they cannot split themselves off like this whilst merrily adding interest to the whole lot and giving that figure to the DJ??

I swore a lot today and then swore some more and every time i read the fiction in this solicitors witness statement I will swear some more - &%$^*&****^%"!!

Oh - havent opened it yet - been so busy trying to keep an address to live at! (almost more guests than members - is that a record)

Hi - you are trying to sort it out but i do also think you will need some legal help - can you find out if you are entitled to legal aid as its for repossession/eviction. It is in your local authorities interest to help you as they might have to house you so a lot of councils now help by writing to your lender and actually attend court too - might be worth a few calls. As for evidence, the DJ will want to see papers etc., and then there's all the correct submissions for defence and counter claim etc., and you wouldnt want to be doing that on their action against you if you might have to pay all the costs for both sides. I am not sure how this all works either but it almost like you have to hang on to the house by some means in order to get the mis-selling dealt with. If this is accepted and with say, FOS, to investigate, then you could ask the judge to delay making a jdugement 'til settled - however - i am also not sure if your lender hasnt already got judgement since you say they are moving for eviction - have you tried ringing national debtline - they get funding from the goverment dont they. good luck.

Hiya - now found a link between Crown Mortgage Management and Duetsche Bank who have recently been fined by the FSA - they are partners in business!

more spiders webs we find: Sept 3rd 2010 press release: "Crown Westfalen Credit Services not affected by liquidation of Crown Westfalen Bank.... in order to ensure future duly monetary transactions and payment processing, CWCS signed contracts with its new transaction partner: DEUTSCHE BANK AG. CWCS and its UK based sister company Crown Mortgage Management (CMM) have a strategic partner with a lively interest in developing the group's servicing units to national competence centres in mortgage loan servicing and related services".... how nice for them and we are being taken to court in a repo action by MTR, who are part of CROWN MORTGAGE MANAGEMENT !! wonder if the FSA is following

Hi - does anyone know what the rules are regarding adding legal fees on the mortgage? It appears that legal costs have been added to my mortgage account but into a separate column/account where they put all the other types of fees BUT, having been originally ordered to pay the monthly mortgage payment due plus £50 towards arrears that is what we did, and all the time the legals were sitting in another account so no payment was ever going towards that and of course they were adding a charge of £50 per month also for that debit balance - in other words not only would it never be paid off, it would increase vastly as interest would then be charged on the £50 charge ad infinitum! Isnt this an unfair practice - any help much appreciated! thanks lyn

Hi - firstly I would ask why the hell they didnt capitalise the arrears before going into court ! - this is one of the possible options to be considered before taking you into court - looks like they want their cake and eat it too! So, having made the offer and you having accepted it why didnt they follow through? - do you have copies of the letters to and from, perhaps you can send these as part of your complaint back to FM. If you are waiting for DWP to sort out payments this also is a reason why they should not be marching straight into court! - they are not complying with the pre-action protocols and you must be sure the judge knows this if you find yourself at a hearing. DO NOT agree to a suspended order - remember that the one FM had is now distinguished/obsolete and it looks rather like Engage are trying to replace it with another. Ask for an adjournment whilst you are waiting for the DWP and put in a complaint to the FOS pronto. This will mean that Engage will also have to wait for the outcome of FOS investigations before they get possession. Being on benefits you are entitled to legal aid - get some help for the court hearing if Engage go ahead with it. You should NOT be incurring charges whilst in financial difficulties, and various sub prime lenders have been fined for unfair treatment of customers recently. Look up these cases and cite them back at Engage. It sounds like you can challenge some of the costs and fees and these will be the total that Engage are using thus it is not acceptable in court as it is not agreed by you. Dont forget about all the interest they are adding to the charges too. Good Luck.

Hi - it sounds very complicated - cant find the attachments you mention? but - maybe the first thing you should do is ask for an adjournment to get your defence together properly and find out exactly what they say you owe and why, and what other steps they should have taken before moving to warrants. One thing I do know is that a suspended repo order is still a repo order - if you can show that you have paid what is due on that order existing order and complied with its determination get it squashed - look into claiming back overcharges etc -dont forget that the more you defend the more you are likely to incur in costs unless you get the DJ to make an order about the costs and can show why you shouldnt be made to pay them - especially if you have evidence of their mistakes etc. Good luck, - hope someone who is more knowledgable than me will assist soon.

Hi - re using the FOS - if you are taken to court by the lender whilst a complaint is still with the FOS doesnt it mean then that if the DJ decides issues on the mortgage account it would NOT then be able to be dealt with by the FOS ?? - thanks

Hi - thats very interesting -wonder what other contracts this then applies to? meantime - dont know if I still have the papers but it all went very quiet re my estate agents demands for monies - then ages later I had a demanding letter from a DCA. I ignored that until such time they tried to take legal action at which point I would have given them the info on the breach of contract of their client first. The only thing that now bothers me is getting any crap info taken off my credit file if necessary as, I think I'm right in saying, the reference agencies wont take any info from me directly as evidence. thanks. lyn

Hi - I recall Carmel Butler saying something about mortgage companies/third party administrators and their actions: that one cannot be taken into court for charges and fees. I am sure she wrote this up somewhere but cannot find it. Anyone recall this? We are being taken to court for all sorts of imposed fees by an unscrupulous mortgage management company and I am livid. I probably owe about a month or a month and one half of actual mortgage but the rest if highly questionable and subject to tests of reasonableness etc etc, also no pre action protocols have been followed so will be preparing our defence soon, just wasnt sure about this business of charges, especially when the product is GMAC and FSA fined them about all this. thanks.

Hi - I'm reading through an old agreement for someone relating to terms for debt management which includes a PPI - it is just a list of terms and conditions and no consumer credit agreement or the like, and it says: "If any provision of this agreement is deemed by a judicial or other competent authority to be void, illegal or otherwise unenforceable, the remaining provisions of this agreement, shall remain in full force..." ""creditors are not obliged to accept reduced payments or to freeze interest and, should they fail to do so, repayment of the same debt over a longer period of time will lead to an increase in the total amount to be paid..." So, higher up it also says that the estimated total cost of the Programme to the client is £6,860 and that the estimate assumes that the agreed monthly payments remain the same and that all creditors agree to freeze interest and charges for the duration of the programme. So, it seems to me be totally open-ended, but they charged a fee amounting to the same monthly payment , which in turn relied on whether interest would or would not be fozen. ... surely these are unknowns anyway. Any advice please.

DIRECTIVE 2005/29/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’). Helplessconsumer: have a look at this directive from EU - it may assist your case - I am not a legal trained member - just find it interesting in relation to UK practices and might be something to throw into the mix

Hi - thanks for the quick response. Problem is when I write and tell them this stuff they write back with a load of guff about their rights to do it and then say it is their final response and they're closing the file - so, as they also say: if you are not happy then send it to the FOS, that is what i am going to do abd hopefully they will see what they are up to. PS re completing income and expediture forms - which is see is being debated elsewhere on this site - if i do this then they will surely use it against me as one of the items in pre-action considerations is whether you can show the judge that you can afford your mortgage - this is a temporary state of affairs and we are paying the mortgage but i have been arguing about paying extra since i have had an offer of refunds from the previous owner of the mortgage but they failed to implement this - so really they owe me money rather than the other way round, if you see what i mean - it is very hard to come with extra payments when you know you are being fiddled

Hmm - so my lender/administrator who is repeatedly charging fees whilst we are on benefits should not be doing so? - the balance of fees approximates now to over £200 per week! and the late payment fees they say they can charge to us despite those delays coming from the DWP - and to top it all they are now talking of legal action against us as we are 2-3 mnths in arrears on the actual mortgage - they say they add interest on my "default balance" so i dont believe their accounts are accurate on what we really owe and the mortgage was with GMAC when we started, they too have not refunded anything despite the FSA ruling on their product - and if they take us to court we will get hit with those costs again, had this done to us already by previous servicer! - so ****ed off with them. arrrgh

Hi - does anyone know what is the situation with regulated contracts being sold to unregulated companies?

Hi - well I dont get it -if MTR are totally separate then arethey just admin guys for Crown then ? a collecting service I presume, which leads me to question who is noted on the deeds now? and if they are not on the deeds I am guessing they have no right to the money! at least not without proving it to me - calling legals bods for help here! I also note that within my own SAR data, there are references to 'Buy to Let' - since we are not BTL and never have been i need to investigate if there is some 'advantage' for the lender/servicing co. in describing (incorrectly) as a buy to let - why change this info in the files years after the mortgage started - i dont beleieve it is just an error - perhaps to do with the certificate of title requirements. will get back later on this but i think theres something about the property having to be soley for use as your own private residence - hmm. anyone else have anything to add please feel free - lol

Hi - yes it does, but, I think it will trun out that MTR are some sort of subsidiary of Crown and get around it that way - if they are an independant separate registered company then I would have thought they need their own licences etc and registration, but as we are finding no info on them it sort ofpoints to them being an underling of crown, I will ring companies house tomorrow about them. Also, had a long conversation with these guys, who suggested that some customers 'make up' disputes in order to delay action against themselves, to delay being repossessed!! - can you believe the audacity of these companies who are working to make profit out of us at any cost.

Hi - yes, MTR are Crown Mortgage Management Ltd but I can find no record of them at the CMl or FSA ? They also seem to work under the name WEBB and all registered at 35 Gt. St. Helens, London, EC3A 6AP - their main activity being servicing of conforming and non-conforming residential mortages - looking out for the note holders et al but not the customer who pays their wages!! Does anyone know where we 'consumers' are these days with regulated products being sold into non-regulated environs? - I am having a hell of a time with these guys right now and they dont even want to admit who they really are - how do they get away with it? If you work from a given address surely the rules are that you should show your company registration and directors on your letterhead?! arrgh

Hi - http://www.financial-ombudsman.org.uk/publications/technical_notes/mortgages-early-repayment-charges.html heres a link to what the FOS say about mortgage charges - might be helpful