Again, what is the nature of your complaint?

Full arrears paid off today but apparently the possession order stats for 6 years and can be reactivated if I fall into arrears again. Can I apply to the court to get this stayed or should I establish a track record of payments before doing this?

Why would this be a problem? Are you envisioning further payment difficulties?

Sorry, but the information given here was incorrect.

Once a property is repossessed the issue of arrears no longer counts. Im sorry your friend lost there place but I hope it means they can move on with their life.

I'm too quick to judge the new arrears that are present? For the second time? It's almost like someone can't afford their debts.

Can you afford your secured loan?

Things don't work like that. If you want the possession order to be voided then you will need to apply to the court. But then why would you? Presumably you intention is to pay the arrears and then meet the instalment each month.

Err, you lied about how you would pay off the mortgage. No chance whatsoever.

Okay. First question is on what basis are you claiming the charges back? I presume they weren't incurred whilst you were in arrears?

It's the same old situation. Companies are allowed to charge a default charge when you are in debt. What's a reasonable sum?

You are talking nonsense. If you have no arrears they can't take you to court, unless your loan has expired. Check your facts.

How much can you pay to your arrears each month. Over and above your monthly instalment?

Another quick question. You say you are in Court tomorrow for arrears of £250. That makes no sense as that's below the minimum you can take to Court. Are you sure your figures are right?

I agree with the above post whole heatedly. The priority is what you can afford to pay now, charges and other issues are completely seperate.

They can't refuse to accept payments, but they can refuse to accept that the level of repayment is okay. The best bet for you is not to use their website but pay by transfer and keep a record.

When was the last time you paid them?

Again I say this as someone who used to be an agent at Court and has seen hundreds of cases. You have nothing to fear.

There is a court ruling called Cheltenham and Gloucester vs Norgan which says when considering a reasonable period of time to pay off arrears the start is the term of the loan. This means if you can offer to pay off the arrears within the term of the loan you should be okay. But bear in mind the longer you take to pay it off the more it will cost you in interest. It's best to make an offer you can afford. I guarantee if you do that the DJ will side with you. They always look after the little guy.

Stop thinking about the charges. They are something you can deal with and maybe get a refund of.

Your priority should be whether you can afford this mortgage. Ignore the charges and that, if you just owed your monthly instalment each month could you pay it? As you have missed nearly 15 instalments this is questionable.

Please Be Realistic.

This is a common misunderstanding.

Arrears mean missed instalments. They are only relevant during the term of the loan.

Once the term of the loan expires, then the full balance is due. There are no arrears as the issue if missed instalments is no longer relevant as the full balance is due.

You will not win this argument based on the arguments you have put forward. You can challenge the charges but the amount advanced to you will ultimately need to be repaid.

I'm 95% sure Lea is right. If it was a new mortgage than the possession order is invalid. But the information you have supplied makes me question whether it was a new mortgage or an amendment to terms.

To be honest, this sounds like a complicated case where you might need a solicitor to decide.

However, more prudently you have said you can't afford the arrears. Any legal decision about the possession order won't change the fact you have to pay your mortgage. And if you can't afford it, than you can't afford it.

An important thing to consider when you make the offer is what you have already said in your posts here. Your arrears are due to being self employed and bad debtors, but you can now guarantee a monthly payment. What's changed that means you can?

Have you got something from the court which has made you worry about losing your home?

The letter of the law is that if you are over two monthly instalments behind then a possession order can be granted. However in reality it doesn't work like that. If you can speak to the judge I giving an offer a of payment I have no doubt that the judge will not make an order over your home. I speak as somebody who has experience of thousands of possession hearings.

Which lender are you with? I ask this as the situation you have outlined regarding taking 25% equity is very unusual.

I'm glad to hear you will have avoided repossession!

Okay, turning to charges, on what basis will you be challenging them? Are they outside of those outlined in the contract? Or what the FSA deems reasonable? What are they in total and how much are solicitors fees?

If letters were sent to the last address supplied to the lender than the Court considers service to be good. The lender is not under any obligation to track you down outside of the country. It seems their solicitors took steps to send you the letters. Realistically you have very little chance of fighting a case on this basis. Saying you didn't know it wasn't paid isn't good enough because you are responsible for ensuring it was.