Hi Valhalla They can repossess the property, and have the power to do so through appointing a receiver under the Law of Property Act 1925. The LPA receiver can manage the property and does so on your behalf and can sell the property with or without tenants in situ, it is one method by which lenders recover their security on Buy to Let properties. The Pre-action protocol does not apply in this instance, as they have not taken any proceedings to appoint the receiver. The LPA gives the right to appoint a receiver if 2 payments are missed, who can then collect rent, place tenants, and dispose of the property if he/she sees fit. So the solicitor you saw is correct. Hope that helps.

See section 16(2)(b) of the CCA 1974. Provides an exemption to all credit agreements that are secured by any land mortgage. Your mortgage was self certified, and yet you are trying to have it written off because you gave false information on your application. Do you know that this could impact upon yourself? You could be charged for obtaining money through deception/misrepresentation. Unfortunately for you, the BS were protecting their interests in making the payment, you need to make a claim against the management company yourself to recover the funds they were entitled to claim, and to how that it should be paid back to you. Regarding the T&C's are they correct ones with your original application? I am sure that if the specific clause is not correctly referred to, there will be a clause that permits the paying of SC/GR/LA to protect the BS security. As I've said earlier, self certified mortgages aren't and weren't checked to see an income. It was self certified that you could maintain the payments. In relation to CPR31 you would receive a list of documents relevant to the claim, which you would be entitled to inspect. If the documents you hoped were not there, you would have the burden of proving that the other party has the document and is not disclosing it to you. As I said earlier, this process is not an easy or cheap step to do.

Is your PPI part of your mortgage payments?

Is your loan CCA regulated? In relation to CPR 31, what information do you think they have that they haven't disclosed under a SARN? If you make a request for disclosure under CPR 31, you likely won't get any more information than is readily available from any mortgage company anyway. The downside will be that this will increase the costs of the proceedings dramatically. In relation to your service charge, your recourse would have to be to the management company themselves. BM will pay the service charge to protect their security, if the lease is forfeited, the mortgage would become an unsecured loan which is an unsatisfactory risk.

Some lenders will agree to hand the property back, some might not. There is no hard and fast rule to this, other than to ask your lender if you are in this situation. The Courts can only set aside the original order and thus set aside the warrant of possession on the basis of one of 3 things: Fraud; or Opression; or Abuse of Process in obtaining the original possession order. There is a very high threshold for proving these and not easy at all to set aside an executed warrant this way. You have an equitable right to redemption of the mortgage at all times. If the property is taken into possession, the mortgage can be paid of in full, but you can't sell the property as the lender is the mortgagee in possession. As above, if the property is in possession of the lender, you can't sell the property. Whilst the property is being marketed, no there aren't any steps you can take to bump the price up. Your defence has to come if there is a shortfall on the mortgage. Have a look at Ell-enn's response which covers this topic: http://www.consumeractiongroup.co.uk/forum/home-repossessions/202016-repossed-house-sale-under.html Is this a hypothetical situation or a real experience? If it is a real experience, can you provide some more details on what happened so we can come back with some suggestions. You would probably be best off asking this to the MP's that voted on the legislation around mortgages from 1925 to today...

I don't know a great deal about the government schemes. One thing that I can tell you is that Future Mortgages, which is an arm of citibank/citi financial don't support the HMS scheme Lenders offering Homeowners Mortgage Support : Directgov - Home and community You may be entitled to apply to the mortgage rescue scheme, the best way to go about this would be to contact your local authority. Your income wouldn't be a barrier to this, I think the threshold is earning less than £60k. Hope that helps

You should have received notification of the hearing from the Court and Black Horses solicitors should also send a notice to the occupier. It might be worth mentioning this to your solicitor, and get him to check your paperwork to make sure the procedure has been followed. It's a difficult one to call to be honest. If they still haven't come back to you about the PPI and your solicitor instructs counsel again, I would imagine there would be another adjournment. But counsel isn't going to be cheap, it will make your legal bill expensive. The questions your solicitor was asking are pertinent ones, and it would be worth having back up instructions for counsel at the hearing, to say for example if in his opinion it doesn't look likely the hearing will be adjourned because of the PPI, to seek an adjournment for you to adhere to an arrangement. A barrister will be more than capable of convincing a judge to adjourn on terms rather than grant a suspended order. I hope that answers your query, sorry if it is a little vague

I completely agree Ell-enn, I don't know the nature or amount of the fees, so wasn't making a judgement on whether they were fair. Sub Prime Lenders have been hit a lot recently by the FSA for their charges, and the market is and has adapted accordingly, most lenders now only levy charges to accounts that they know are fair and appropriate.

You should have received a defence form with the notice of hearing from the Court. If not you can get a copy of the defence form and complete it and return it from the HM Court Service Website I would write to both of them, it is likely that the solicitors will pass the offer back to the lender anyway. From recollection your arrears were around £8k, and you can afford £50 towards this. This would take 160 months or 13 years 4 months to clear the arrears. If they decline the proposals and you have longer than 13 yrs 4 months remaining on the mortgage, the judge will likely accept this under a suspended order. This is really dependant on each lender, some will agree to it, some will not. Some may ask you to show you can pay the new higher mortgage for a period of time before they agree to this. I would suggest you ask if this is a possibility, but recommend you pay whatever you can towards the mortgage anyway. Solicitors in these circumstances can't offer you any advice. They may know very little of what the other is doing, as they likely limit communication to instructions only, i.e. start proceedings, obtain this order etc. and not about a telephone call you have. Unfortunately the solicitors client is the mortgage lender. Whilst courteousy would dictate they should show some apathy towards your situation, they are acting on a large corporate contract so can't be too nice, or they might lose it and a lot of money in the future. A FOS complaint will only be investigated once the internal complaints procedure of the lender has been exhausted. A payment concession or holiday like you have had, is not guaranteed, and a lot of lenders still refuse them. I understand you're annoyance at the way they have started litigation, but their solicitors would not have commenced action if things weren't in line with the pre-action protocol. I would urge you not to try to uncover the treatment you have received at a hearing. It will be a 5 minute hearing where the judge is concerned, largely as to whether the lender should be granted an order for possession, and not the way they treat customers. Judges are aware of the way each lender treats customers anyway, and are usually more or less lenient accordingly. The best thing is to complain to rooftop, if this doesn't resolve any issues, exhaust the internal complaints procedure and then go to the FOS. A defence to a possession claim for mortgage arrears is only to prove that the mortgage doesn't exist or that the arrears are manifestly wrong, i.e. you have paid them. Unfortunately lack of communication and poor customer service and unhelpfulness are not relevant if the arrears are not in dispute. Hope this has helped.

If you can offer the mortgage instalment and something towards the arrears, make an offer to the mortgage company, they will likely want to see a breakdown of your income and expenditure, so if you already have one, send it in to them. Once you have made the offer, make sure you detail the offer in the defence form.

HI Foreveraloe If you have a suspended order for monthly payments plus £40 and Cheshire/Blemain are threatening further action, it might be worth writing a letter to the Court or even making an application to the Court. The order is strictly interpreted so you have to pay the monthly instalment and only £40, not any additional fees or charges that they decide to add. They likely have in their T&Cs conditions which they decide are appropriate to add fees to your account. It's a contractual obligation, and not likely to get out of. In relation to interest, they might charge you additional interest up to the time that the payment is made. I am astounded that they refused to change your payment due date. I would suggest that you clearly state in your letter you wish to complain about the lack of change date and the threatening letter that you have received which is not correct and you've been charged for. If possible, send them statements to show the payments you have sent in line with the order. Unfortunately, you have to exhaust Cheshire/Blemain's internal complaints procedure before the FOS will investigate, so you will have to do this first. I know that the pre-action protocol requires lender to consider a change in payment date, and if declined to detail reasons why. I've never heard of a mortgage lender refusing to change the date. Don't walk away. They do sound like a horrendous lender, and I can understand your frustration, but if they decide to take it further and you have to make an application, a District Judge will come down on them like a tonne of bricks if they're taking action when they shouldn't be. Hope that is some help

I work in the industry and it passes some people by that increasing the term on the mortgage only reduces payments if the mortgage is on capital repayment, it just reduces the amount of capital you would repay. I think you should really kick a stink up about being unable to make an application under HMS and being unable to contact them. The application for HMS and the interest free loan fund look to have the same way of applying. If you contact someone and you get a similar response to previously, complain. Then ring again later to make sure your complaint has been logged. If it does come to complaining, explain proceedings were taken when you had requested access to HMS but were denied. Most reputable lenders (which I would include BOS) will be quick to right their wrongs if they do find they've made a mistake. If they look into it and realise they've breached the pre-action protocol, I would imagine they would restart everything from the beginning for fear of going back to court and having a worse result when you tell a judge. Telling BOS that you want to make an application to HMS again, should by itself put any further action on hold. Are they taking action through a solicitors firm? If so which firm? I think when you try to contact BOS again, refuse to speak to anyone other than the head of mortgage arrears. That may help. By the sounds of it, your situation will improve within a 2 year period, so you are one of the few that will really benefit from HMS. If you do have any problems, I'm more than happy to help.

Hi Robbotoo I am guessing that you don't know or your husband doesn't know what money judgement was granted when the original house was repossessed? The other query I have was the original house, do you know if this was sold and a shortfall arose? Section (20)1 of the Limitations Act provides a 12 year limit for money claims, although there is some academic debate over whether there is a difference between a mortgage and interest accruing on a debt owed from a mortgage shortfall. Even the worst case scenario is 12 years from the date of realisation of the debt (so the sale of the property) or the date of the money claim. Hope that helps, probably clear as mud, but if 12 years have lapsed, you shouldn't have any problems.

Hi littlemonstersmum It's not too long, and contains plenty of info for them to digest. I have one piece of advice for you, if they do not accept your offer of the lump sum £2.5k, by all means make the application. But when doing so, make sure you make "an application to vary the original order", it will bide you more time, and if you make the payment before the application hearing and can afford to maintain the monthly payments plus something towards the arrears there isn't a District Judge that I've met who wouldn't side with you. The history I have had a look at, the problem with the pre-action protocol and the requirements on lenders is it sounds good when the government introduced it, but it doesn't work. BOS probably won't let you change products because you are in a fixed rate, so a redemption penalty will apply, which unfortunately you can't afford. Extending the term on an interest only mortgage will have no benefit, you still have to pay the same amount of interest each month. The government schemes are a good time saver though, the MRS and HMS schemes are 2 different things, both of which are worth looking into. Would you be entitled to any assistance from the DWP for the interest on the mortgage? Ettubrute

HI Mother of 3 How did your hearing go? I've just read your post, and wished I had before. First and foremost, I'd love to help, sounds like you have been pillar to post with blackhorse/lloyds which is understandably annoying. I would suggest that you make an official complaint to them regarding the handling of the PPI request for documentation. They are, I believe, part of the same company, so should handle the request for info promptly and helpfully. You said you received notification of the hearing 10 days before it was due to take place? Can you confirm the specific dates that the claim was issued, you received notification from the court, and the date that blackhorse informed you in writing of the court hearing? I don't know a lot about PPI other than the basic workings, but mis-sold PPI can be reclaimed in full cost, and I believe, but don't quote me, invalidates some loans. If you can get back to me, I hope I can help you in some way with the repossession action. ettubrute