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IamPhil

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  1. Yes, there are some charges/fees that my friend is set to reclaim. My friend is going to do this after the paperwork arrives for the much reduced mortgage (due in the next couple of days).
  2. Update. My friend paid all the arrears and a LTR for 12 month was put in place. Immediately one is not in litigation different departments deal with different aspects of the business. Being mindful of that I called theses 'other' departments at the bank to ENSURE the matter of the extension of the mortgage term. It was as complex as this. I called the 'lets call it extended mortgage department' (I spent no time waiting for it to be answered, for a change). I gave the mortgage account number and went through security. I said was calling about 14 year extension, to 25 years. 'I see you account is clear and not in arrears, that should be no problem' I was told. Within 5 minutes, the extension matter was set for process and actioning. 'If there are any problems (which I can not see) I will call you tomorrow, apart from that you [my friend] will have the paperwork for reduced mortgage payments (from £390 to £275) in the next couple of days.'.'The payments to take effect from next month.'. DONE. ps. ref point 4. - no call today My friend made the same call over year ago, and I am told a for very long protracted period, going through X and Y (Z and this and that). The bank staff member determined that, as my friend had a made a late payment once my friend was ineligible for any extension/remortgage. I have seen notations for that call, 13th March 2013.. (after that my friend saw the banks own financial adviser, applied his advice and ...blah blah ... it got to the stage where my friend was in court.). It is VERY frustrating to know NOW that, the call my friend made a year ago SHOULD have gone like the call I made yesterday. My friend would have been paying £115 (or a slightly more with 12 months more to pay) less for their mortgage, £20 less for another mortgage related account that they have (again NOW) automatically reset to a lower amount (as my friend was paying more than they should be!!!). That would have meant a 'saving' of at least £1,500 in the last year (which is at least 3 months mortgage & associated accounts payments), no arrears, court stress, no court fees, etc. Frustration solves nothing though. I heard my friend laugh freely today, I have not heard them laugh freely in months, 2 weeks ago that same friend nearly attended an appointment to sign up for an estate agent to sell their house. So with that in mind I smile and thank you, one and all, for all you help, for direction and advice (and then some). Words can seem quite ineffectual, however I truly mean it when I say THANK YOU Phil
  3. I just wanted to know if anyone on the site had ever had a MORTGAGE ARREARS agreement with Woolwich Barclays where Woolwich Barclays had agreed payment of MORTGAGE ARREARS for a term LONGER than 5 years (60 months). I wholly appreciate that each case is different. The details of any case (as regards my question do not matter). I have spent quite a while reading lots of threads on mortgage arrears and have not seen any where Woolwich Barclays have agreed MORTGAGE ARREARS payment for a period LONGER than 5 years (60 months). If any site admin/contributor knows of any case/thread/mention of a agreement between Woolwich Barclays and a lender for payment of MORTGAGE ARREARS for a period LONGER than 5 years (60 months) it would be much much much appreciated. My question has nothing to do with remaining periods of mortgages or ANTHING else of any sort. My question is ONLY as regards IF there is ANY record of ANY case where Woolwich Barclays has agreed to payment of MORTGAGE ARREARS for a term longer than 5 years (60 months). Thanx again.
  4. Thankfully the affairs as regards my friends situation, the bank and the court seem to have been sorted. I just wanted to see if anyone had come to arrangement with woolwich barclays where payment of arrears had been over 5 years
  5. A general question. Bearing in mind every case is of course between a bank and a lender is determined by the lenders 'history' can I ask specifically if there is any record of Woolwich Barclays Bank ever agreeing re-payment of arrears for a term longer than 5 years (60 months).
  6. If my friend pays off the mortgage arrears in full what exactly occurs (I appreciate this might seem a silly question). I ask for this reason. The banks solicitors say that if the mortgage arrears are paid in the full then the court case would be 'adjourned'. My read of that is not 'closed' or 'ended'. That sounds like another version of a suspension.
  7. I do not want to put the litigation manager offside though..., that said my friend is of the mind that he is beyond way off already. I am trying to ensure emotion is kept out of it and get to a conclusion where my friend gets to keep their house.
  8. Originally Posted by slick132 Hi Iam, When writing to the bank, it is wise to remind them of their obligations imposed by BCOBS, ie to treat you as a customer fairly !! Thank you Slick Slick are you about? Any help in that regard would be much appreciated. My friend has just received a copy of a statement from the litigation manager where ... well suffice to say it is just as well that my friend chooses not to speak to the bank as the summary given is incorrect in suggestiveness. Also the bank never replied in writing/print (and I basically hounded them until I got phone call acknowledgement that the upteen fax proposals had actually arrived at then), something that has now been rectified and their first reply is expected on Monday. You help and assistance would be much appreciated.
  9. Quality Solicitors Talbots (QST) are held in high regard by both judges and staff at the court Dudley County Court. A upcoming court date is not on a date listed for QST to attend and QST do not offer free consultation on mortgage matters Lee was really fortunate on multiple levels there with you and the duty solicitors resulting in the most positive of outcomes just round the corner which is all good
  10. The possible loss of a house IS a worry... Nicely done there Big up the help you received here as well. A font of help and information. You have been very fortunate with the County Court you were at. I am trying to get some duty solicitor help at Dudley County Court and have got no where (actually to be more accurate, in seeing the staff in person at the court they could not be helpful enough, other staff on the phone since have been very 'strict' - in the self same position where no duty solicitor will be attending on the next court date they seemed mortified at the thought of one considering going in on a date that one was not listed for court to get legal advice on a mortgage [arrears] matter). Rest easy, 95% is a good number
  11. New date set for just after mid month in March. It is set for a date dedicated civil matters so no duty solicitor is allocated. We are looking to have the date changed to a day when a duty solicitor is assigned (which increases the court fees yet works out at legal advice on the cheap so well worth it). Additional information. Solicitors are allocated dates where they provide free advice at courts as regards possessions, P Call list. The court can tell you which solicitor or solicitors firm is going to be attending (if any) on the date you are in court. It makes sense to find out which solicitor/solicitors firm will be attending and drop them a line, explaining that you will be attending on the day they will be the duty solicitor and asking for their advice. It's you basically extending the legal advice backwards (before the date they would be giving you legal advice). If they say they will only give the advice on the day... ask for free legal consultation (if you have not already received legal advice on that particular matter), they should provide half a hour to an hours free consultation. My reasoning, the better informed the solicitors are, the better they can assist.
  12. You should be able to find out who the duty solicitor on the day you are in court is (they get listed a month in advance apparently - P Call List I think it is called). I would advise that you call them up and speak to them in advance as well
  13. You have a lot of things going for you, be positive (easier said than done) and here's wishing you all the best
  14. Things that may help others. Persistence. Get to know exactly who is dealing with your account within the litigation department at the bank. To do that be persistent, pleasant, polite, MELLOW AS, yet persistent as they do not like to give you 'back room' access. I ended up getting a faxes sent to high, low, middle level management where the first page was massive stars *, in bold screaaaaaaaaaaaaaaaaming IMPORTANT IMPORTANT IMPORTANT. After that I had a very clear and effective communication process arranged with the litigation manager in question. I have to say I tip my hat off to the manager for his time and application since that was established. Ok he did not agree to everything put to him, however I must judge him on his professionalism and for that I give him 10 out of 10 without a seconds hesitation. My friend had always been led to believe that no extension or re-mortgage was ever a possibility. In being able to get fast responses to the numerous proposals put to the bank I was able to establish the banks parameters (they do not tell you initially, you find out by way of the reasons they have to give for refusing a proposal). I was 2 months over any permitted mortgage extension I found with the 15 year extension, next proposal was 14 years BOOM agreed (as it is within their remit and my friends Income and Expenditure [i & E] clearly showed it was affordable). Be clear with your figures. I have tables and tables and tables on spreadsheets of my friends accounts that make up my friends I & E, if petrol goes up in 3 years 7 months my spreadsheet will re-calculate the I & E from then on. In the figures put forward to the bank ensure that the items and figures are in line, at the very least, within industry standard expectations of expenditure in particular (did you know hobbies and haircut are seen as expected expenditure?... I didn't). Take emotion out of it, the bank is not a person, they are a business in which 'persons' work. My friend to this very day will not talk or answer the phone to the banks, the solicitor at the court just about managed to get my friend to speak to them and failed miserably to get my friend to sign some paperwork (which had incorrect details to boot). Keep a record of all calls, people you talk to, what they say and request they detail it on their system and then require that they read back what they had entered on their system. Get as much advice as you can, information, information, information, information, information and more information. Lastly I would say, be forever hopeful. Ones state of mind does not change what is factually so, so be positive, better for ones head and heart (that is much easier said than done though and I feel no shame in saying I have cried for and with my friend over the last couple of months however its about wiping those tears away, focusing on what has to be done and getting it done).
  15. The session was adjourned for the first available date after 14 days. There had been some negotiation with the bank (when they eventually got back to us) where, to the surprise of a a few people, they agreed to a 14 year extension of the mortgage which has 12 years to go (where they of course earn extra thousands over the term of the entire mortgage) The bank however also required higher monthly payment figures for other mortgage related accounts which took my friends monthly payments up to over £500 In court the banks solicitor said she had no knowledge of any negotiations between my friend and the bank however we had paper work showing not only faxes to the bank but faxes to the solicitors, as as first we were not getting any reply from the bank. The judge said that he wanted to give my friend more time to negotiate with the bank and asked the banks solicitor to clarify the banks agreement to extend the mortgage by 14 years.
  16. Here is an update on the situation. A proposal has been put to the bank. 15 year extension which involves payment of all three mortgage accounts. An income and expenditure account was submitted to illustrate payment of these accounts and amounts and the arrears (the arrears would be paid in 6 years, half the amount of time left on the present mortgage period). We are chasing up a response from the bank as regards this proposal however the court date looms large. ps correction - prefered should read 'preferred' in a post above.
  17. My friend has sight of everything on this thread. It just happens to be my details I have entered to have an account on here. ANY questions, queries can be answered as required .
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