Sorry I tried to edit this post above but it wouldn't work. It came out wrong.... I really need to sleep

After a horrendous few years, even though I know we're in the right and probably would win in court, I've decided the risk is just to great and I'm just going to sign for another 25 years. I've got so much going on that I cannot cope, I've recently lost my sister who died young leaving 3 children she lives 3 hrs away from us so I'm back and too trying my best to help them . my husband broke his back a couple of years ago but because he can walk a little and use his arms he lost his ESA. Although he's trying his best no one wants to employ someone in his position so there you go... I think I've reached my breaking point I don't see any other way out ... The lender knows that were afraid and there taking full advantage! They've already added 2k since Feb and it's going up every day. Thank you so much for trying to help us

Yes ... More or less! ....we had paid it for 20 years then we were basically conned with a few years left! I can't believe we were so stupid tbh

they can ask the lender to postpone the court date... It is at the lenders discretion but they are supposed to when there is a complaint pending

Can the lender charge us £1000 legal costs for a court date that was postponed by the FOS?

I thought exactly the same thing but I'm scared to death of going to court and losing our home. I can't help but feel that they're going to rip us off somehow! Can anyone tell me if we should of signed a new credit/loan agreement when we changed our mortgage to interest only? Or is everything based on the original mortgage agreement?

Hi I just have a couple of questions if anyone can help.... At the moment we have no credit agreement in place but recently our total amount owed has increased? Can it increase with no agreement in place? We have also received a document to sign to increase our mortgage term which has a clause in it relating to arrears being added to the total (we didnt have any arrears).. . I may be being paranoid but can the lender back date this agreement and create arrears?

We've had a final response from the ombudsman and they're not up holding our complaint. - I wasn't really surprised as the adjudicator had it all wrong from the beginning and I couldn't seem to get her to change her initial incorrect assumptions.... I've never felt so confused, irritated, frustrated and utterly helpless in my entire life.... The response totally contradicts itself. How can we be made aware of an 'interest only mortgage' and be made aware that the capital would need to be repaid in full at the end (according to the lender and ombudsman) but then were told that they cannot uphold our complaint because there is no proof we were given any advice by the lender? I assume informing people about a product mustn't be classed as advice even though he was giving us monthly figures? If we'd not spoken to someone how would we know what our monthly repayments would be? Either we spoke to them or we didn't. Just because the lender has no evidence shouldnt mean they're innocent The message this sends to lenders is submit no evidence either for or against the complaint and they will win every time. Sorry I'm just moaning out loud!

I've checked the land registry and the building society name is on it

Ignore that previous date sorry...It's the 2nd of August 2016

Yes I sent it yesterday

I've registered and paid but the systems are down! I will try again tomorrow though. We have got a very large pack of documents that were sent to us a couple of years ago. It contains all previous owners info/ legal docs etc im not sure if we were supposed to have them. They told us they have registered defaults against us. I havent looked tbh but I will check on it - I didn't really think about the having no agreement part tbh with everything else going on. Thank you.

Hi Possibly - we are currently looking into it - the lender has recorded defaults against us so we're struggling to go elsewhere.

Hi I've just searched but it says - sorry, there is no price paid/value stated information available for this property on the land registry and via Gov.uk the service is offline until tomorrow. Would this info normally be available for free?

We have got slightly less coming in at the moment and it seems that now they are suddenly going above and beyond and doing every thing by the book (pity that wasn't the case back in 2008) but that's all they have offered us. We have asked about a shorter term but they say 'we still have to wait for senior management to ok this first' its all very strange.

It's the 2nd of August 2016

Part of me thinks you're right but it's so terrifying thinking we could walk out of court without a home.... We assumed that with the ombudsman being involved that had the lender held further info it would of been disclosed to them. But it seems the ombudsman was also only sent similar things apart from some standard letters which had been printed off in relation to the arrears we'd had and a fax cover note from the mortgage advisor which clarify his involvement. There were no forms or records of any type in relation to the actual change of mortgage. I will send the SAR to cover our back and see if anything new shows up. But what to do in the mean time? We're scared to sign anything else as they will obviously hold us to it. Even though we are communicating with them we are still receiving letters from the lenders solicitors regarding our court hearing

We sent the template letter from the 'which' site requesting everything they hold.

Hi I'm not sure if anyone can give us some advice on this... I will try to keep it brief - In 2008, having enquired about new baby break mortgages we'd seen advertised and after a meeting with the branch mortgage advisor we ended up changing our mortgage to interest only. At the time we had approx 7 years left on our repayment mortgage! We had no idea what interest only was (sounds so stupid now, but it's true! somehow we were under the impression it was an interest free break reducing our monthly payments for a short time to cover my maternity leave also Due to some arrears our payments were only reduced slightly which is another reason we failed to realise the significance of the changes) The advisor didn't discuss how we would pay the mortgage balance and didn't complete any financial checks etc. In fact, according to the building society, they have no record/documentation in relation to the changes, apart from a hand written note to the advisor. our mortgage ended with us still owing 7 years. (We have ensured we continued to pay a monthly payment for the last 6 months btw) We complained to the lender regarding the above who sent us all the documents they held on our mortgage which consisted of 7 years, yearly statements and a hand written note (which has no account number and was jotted down at the request of the advisor we saw in branch) We then took our complaint to the FOS, who did get our court case adjourned for a few weeks, but the adjudicator stated that - the lender has no record/documentation in relation to the changes therefore, there is no evidence that any advice was given to us so the lender has done nothing wrong. Also rules and regs changed later in 2008 so the lender didn't need to do financial checks or make any record of such mortgage changes at that time apparently. We have appealed this decision and it is now with an ombudsman. We realise how stupid we've been . By the time we realised what had happened it was way to late to rectify it. We have struggled to communicate with our lender as they are unwilling to help us at all, they refuse to even consider other options. We also do not trust them! They have offered us another 25 year mortgage where we will be paying interest for the 3rd time on the same money! it will end when my husband is 75 years old alternatively we can save ourselves £10 per month and extend it over 35 years until my husbands 85 th birthday? (How can that be responsible lending?) When I asked about lower interest rates or interest free I was told that they may consider interest free for 12 months whilst we sold our home however they would more than likely just continue with the repossession if we chose that route. They have ensured we have no other option but to pay our mortgage for 50 years we don't know which way to go with all this now.. .. It's so frustrating as we trusted our lender to treat us fairly and they have made complete fools of us Do we just accept another 25 year mortgage? Do we take our chance in court? (Although this option truly terrifies me) As the lender has no documents in relation to our mortgage where do we stand What should the lender have done in 2008 when changing our mortgage.. . What checks should of been done... Records? (I did request this info from the lender but was told they were unable to disclose this type of information) it seems very convenient that they have no record of anything and how can that make them innocent of any wrong doing? Is there anything else we should be doing.. (We've spoken to citizens advice and debt line etc.. .They all just say to communicate with our lender) Any advice would be appreciated

thanks tomtubby could I just ask about another thing I've read… that is that the fee's cannot exceed the amount of the original debt? (i'm thinking it may only relate to council tax now... if at all) I've read pages and pages on this subject on loads of other websites too and they all seem to be of the same opinion…. 'no levy, no fee'… so I'm glad I asked about this and I will put this incident down to experience on this occasion :/ (A basic summary page would be a great help (there may be one that I have missed somewhere) with a simple description of the do's & don't's and when fee's can/can't be applied etc ) Thanks again everyone… your help is much appreciated

I was under the impression a levy had to be actioned to charge a fee - lamma… I am now very confused

oh right…. isn't there something about the fee's not exceeding the initial debt or is that just in relation to council tax? thanks for your help…

oh…. I thought they have to levy goods first no matter what the debt?

Hi I recently complained to the local council & Bailiffs having been charged £267.44 (my o/h paid the bailiff in full over the phone) for a PCN. I was questioning the 'fee's' as we did not speak to the bailiff face to face and no levy was made on any goods. Eventually I received the breakdown of fees - 24th July 2012 - Debt - £112.00 21st Sept 2013 - 1st letter fee - 11.20 15th Oct 2013 - visit fee 1 - 35.00 15th Oct 2013 - attendance/van - 80.00 18th Oct 2013 - payment by d/c - 2.00 18th Oct 2013 - payment by d/c - 2.00 (my o/h paid 2 separate amounts as he borrowed the remaining balance from a friend) + VAT - 25.24 In my initial letter I questioned - 1. the 'attendance/van fee' as no levy was made 2. charging £2 to take each payment via debit card The bailiff has responded with this - In relation to your comment regarding the Attendance/van fee not being able to be charged due to no levy being made - This relates to local taxation regulations therefore, this is not applicable. Our fees are as per the statuary legislation being schedule 1 of the Enforcement of road traffic fees (certificated bailiffs) Regulations 1993 (as amended) The debit card transaction are able to be charged by us as the regulations only apply to matters subject to contract I'm a bit unsure as to how to respond to this - any help would be greatly appreciated

Hi I have an update on my credit card... having taken my complaint to the FOS regarding - reduction in limit without notification, interest rate increase, 'off set' funds and 'charges' caused as a result of 'off set' funds.... Lloydstsb have refunded - all 'off set' payments - the rate increase and they have refunded all bank charges caused as a result of 'off set' funds.... plus interest. My credit card bill was well over £5000 and it is now less than £900 I'd like to thank everyone who has given me help and advice... it has ensured Ive had the knowledge and given me the guts to fight back