Thank you Andy.

Thank you Andy I had read that if the arrears have been cleared, you could apply for a notice of discontinuance.

Hi everyone. I hope I've put this question in the right place. Due to illness, I was unable to make payments to my joint mortgage and obtained a Suspended Possession Order six years ago. Except for one blip about 4 years ago, I have cleared the arrears and made my monthly payments on time ever since. Can I cancel this order and if so, how do I go about it? I read somewhere that it was possible, but couldn't find the information. Maybe I was mistaken. Many thanks. Daniel F

Its great we are having a discussion on this. I can see your points. As long as the borrower points out that the fees are this and the subscriptions are that to the judge then there should be no problem. The borrower needs to obtain the full terms and conditions though. I have more questions, but I'll do this next week Thanks Daniel

I agree with you to a point. But the issue is should a mortgage lender add fees to the arrears balance, not indicate to the courts that they are fees and then claim that the account in in arrears by 2 months at the date of the claim when perhaps the reality is that it is say 1 month or less. Is it right to have a suspended possession on those grounds? The crux really is What is the precise definition true arrears? Once the industry sorts this out and it has the same defintion for all lenders then it would make it much better for those going through proceedings as it is now a level playing field. When the paper work is presented at proceedings the judge can see the true state of play of the mortgage account andf thus a much fairer honest resolution can be obtained. So I'm afraid you can be disadvantaged!!! Perhaps lenders have been getting away with this for some time DanielF

Hi there, No Capestone have a policy of adding fees to the arrears balance and presenting this as arreas on the court paper work. You are going to need to get the terms and conditions. Also check the court paperwork and mortgage statement to see if the fees are added to the arrears balance. I do not know what a judge will think of this or how you are to proceed. My relative is in the same position on the fees matter. Let me know what you find DanielF:)

Hi there, No Capestone have a policy of adding fees to the arrears balance and presenting this as arreas on the court paper work. You are going to need to get the terms and conditions. Also check the court paperwork and mortgage statement to see if the fees are added to the arrears balance. I do not know what a judge will think of this or how you are to proceed. My relative is in the same position on the fees matter. Let me know what you find DanielF:)

Soory I've seen this quite late. Do check that the fees have not been added to the mortgage arrears by checking your mortgage statement and the court documents SPML have sent to you. Get advice on what to do next DanielF

Soory I've seen this quite late. Do check that the fees have not been added to the mortgage arrears by checking your mortgage statement and the court documents SPML have sent to you. Get advice on what to do next DanielF

Sorry for the delay. The company is Preferred Mortgages and Capestone deal with their mortgage services. What's not right is they've added these fees as part of the arrears balance and then present them on the legal paperwork for a possession hearing as arrears making the account alot worse than it really is. This was higlighted to the judge who recommended taking legal advice. My relative is getting ready to place the case the FSA and as yet no terms and conditions even though the lender says it's part of its terms and conditions. Does anybody know what the FSA say about this type of situation or any legal case of a similiar nature? How did your case go with Kensingtom Mortgages? l'll wait for Ell-en. My advice to anybody is to check any letters demanding payment of arrears and check that the fees are not added. If they are get the terms and conditons. Thanks DanielF:)

Both, phone and letter

This has probalby been aswered already. If a debt is assigned what are the steprs the new comPAny must go through to get a ccj. Does the default with the cc company pass on to the new DBC. aLSO IF DATE OF PAYMENT need to be changed how do I go about it Danielf

A relative on mine has noticed that fees have been added to their mortgage account and the lender is demanding them as part of their arrears. My relative did not notice this until after her possessopm hearing when an agreed payment plan was made. They have tried to get the terms and conditions of the mortgage but with no luck. What should they do? DanielF