I had an interest only mortgage with Rooftop Mortgages which became overdue for repayment. Always planned to sell to repay...no problem, and Rooftop was aware of this. Never missed or late with payment. However a few months ago I had a letter from their Solicitors simply asking what my proposals for repayment were, and then stated that if not repaid, repossession proceeding etc would be taken and IF THAT happened there would be legal fees. Nothing happened, the house has been sold and the mortgage repaid. However, the redemption statement included fees of £926!! I have raised a Formal Complaint with Rooftop about these not being justified but accepted the redemption figure as I did not want to delay completion of the sale/repayment of the mortgage). I await their response. I told Rooftop that following completion I would issue a SAR and then proceed to the Financial Ombudsman to recover these unjustified fees. My question is: Is the Financial Ombudsman the best route to go to do this?

Hi Im trying to claim mortgage charges on a mortgage taken out in1984 and redeemed in November 2004 initially with Alliance&leicester the initial period was 25 years and the total of the charges is£1,555.00 plus compound interest total £2,527.69 This claim ia now in the small claims court and Santander solicitors has submitted a application notice to get the claim struck out and the hearing is on May 3.In a letter received yesterday they mentioned section 5 of the limitations act and said the sums claimed were irrecoverable. They say i can withdraw the claim and pay santander just under£300.00 or if i pursue the claim they will claim the full costs witch they estimate at over£1,500 advice please

THREAD NOTE: the OP talks of a CCJ this is infact a DEFAULT MARKER ignore the reference to it being a CCJ. dx - siteteam ........................................................... Hi All, the is my forst post on CAG. I have a question, which im hoping the community will be able to advice me on if it is legal, and if not the steps to take to resolve this. 7 and a half years ago, i split with my X wife, which was quite a bitter split. In her wisdom, when we split and put the marital home up for sale, a few weeks later my x wife took the house off the market, stating i had never asked for her permission to sell the house, and she refused to sell the house even though she had moved out when we split. Consuquetly, the house was repossed and a CCJ was rejistered against me. I did try and come to an amicable agreement with the Natwest where by i was responsible for half the debt (£16,800), and my x wife was responsible for the other half, and once my half was paid off it would show as settled on my record, which they rejected. So, i thought i would wait out the 6 years, for the CCJ to expire. During this time we have moved twice, and i have not received any letter from anyone for about 2 years relating to the CCJ, so im actually unsure who actually own's the debt (Natwest or DCA) The debt did expire on May 31st 2013, and did 'dissapear' off my credit file. I pay a monthly subscription to experian so regually check my file. Last week the payments started showing again on my credt file as 6 months in arrears and deliquent. After alot of research i was under the impression that once the CCJ had expired after 6 years, that was that, unless of course they tried to re-rejister to the courts for a CCJ. Im thinking of getting legal advice, however before going through the cost i thought i'd see what my options are on here. So my questions are: 1. Is it true the Natwest or any DCA can rejister these late payments that have just appeared on my Credit Report after the six years 2. If not, what are my options to have these removed from my credit file? We where hoping to buy a new house in the next 6 months, however that is going to be impossible with this on my file All help is VERY greatfully apreciated in advance

Good afternoon Caggers I purchased a 2nd property by re-mortgaging my current home. The Spanish property market collapsed and my house was not built. I am claiming my deposit back, however my current mortgage company does not have any history of my borrowing extra funds during 2006, nor do they have any history of the mortgage. Where do I stand on this? They have openly admitted they have no paperwork. maybe I can hold them to account for that and say that I paid it off???? Your help is greatly appreciated!

Some of my LL's post has always come to the house, passed on to her periodically. My housemate accidentally opened a letter for the LL and it said that the interest only mortgage on the house has expired and there is a large lump sum to pay! I contacted LL, she said this has come out of the blue and that she had not received any of the forwarded letters. Also said she changed to a BTL mortgage 10 years ago. Didn't give a straight answer when I asked if it was BTL why were the letters etc coming to the rented address. She said she would try to extend the term, but I know she has been having financial problems and she is over retirement age. What are my rights? Worst case scenario say the mortgage lender want to repossess, what could happen to me? I have an AST agreement and my rent is paid up to date.

Seems I'm poison to the mortgage companies, and truthfully I don't know why I'm such bad news. Please, really need help if there is anyone out there? Saw house, fell in love. For sale at £195k seller accepted an offer of £170k On sale for a while and it does need work. Salary is in excess of £70k Loans total £300 per month, as do two credit cards. Never been as much as a day late on any of them, that's in over 4 years. Default in July 2015 for utility company, I was in dispute with them regarding charges that didn't apply. CCJ July 2017 for £1,400.00 paid in full December last, zero balance. Utility company granted Consent Order stating to the court that they don't object to a Set Aside, as in their words "The defendant was not liable for the charges at the time the claim was issued". Covering letter from them and form N244 with fee submitted to the court for set aside. Problem is that will take weeks, and I'm under pressure to proceed with the house purchase, but can't get anyone to consider me. Need 90% loan to valuation. I'm 58 years old looking for a 15 year mortgage term. Two brokers, one of whom is massivelly praised on various review sites. Placing mortgages with "High Street lenders" for folks with on the surface far worse records than me, say they can't help. Time is running out, am I really that poisonous?

Hello, Has anyone successfully claimed back mortgage early repayment fees. I was aware of the conditions of the mortgage when I signed it. However the manner of penalty does not seem fair or right. I am facing a £16,000 bill for coming out after 2.5 years of a 5 year fixed rate deal (more expensive than the variable mortgage) I understand they have to recoup loss of interest, but as soon as I give them back their money, they lend it out again and make no loss? I cannot port or continue the 2.5 years left as I have lost my job. The amount seems like a penalty. Any ideas. thanks

Hello, need in help in understanding what a mortgage contract is. When I applied for a mortgage. 1. I signed the mortgage application form 2. I signed a mortgage deed 3. I signed the mortgage offer acceptance ( there was also a printed signature of someone from the lender) 4. My solicitor signed the title deed ( not sure what a title deed is and why the solicitor would sign this and not me) Are all these documents a mortgage contract. In a contract law I remember from school there has to be an offer, acceptance and consideration - is this the same for a mortgage? Bit confused as to what is the mortgage contract is, is it all the above ? Why did the solicitor signed the Title Deed. Should I have signed the title deed. There is nothing on any of these to say this is the mortgage contract. I have also read that 8 out of 10 mortgages are securitised, bundled and then sold on, how can that be without my consent? and if so surely the lender would tell you this and notify of this when they did this ? or is this the norm? any help in answering the above greatly appreciated. Kind regards

BBC Money Box this morning talked about the new 'help' with mortgage interest payments which is changing to a loan from next April. He stated that rents would still be covered even though in a roundabout way it would paying the mortgage of the owner of the property and that many rents are far more expensive than mortgage payments! So what to do? Set up the loan and end up owning less of your property or sell up, downsize if you can or rent? People in need being punished again!

I had my home repossessed in 2009 due to a change in circumstances. The mortgage was with HSBC who marked the debt as 'settled' on my credit file in 2011 although I owed them money. This was removed from my credit file at the start of last year since it had been 6 years since the settlement date. I am certain that I had PPI on this mortgage. If I try to reclaim this PPI will it awaken the debt? I have seen the rule of 6 years for standard credit card and loans but wondered what would apply to the mortgage?

Hi there For nearly 2 years I have had a complaint about my mortgage company with the FOS. My mortgage company were preffered, then accenden and now engage- (although I settled the mortgage on April 2011.) My complaint was mainly: In 2009 after being made redundant I fell into arrears, 3 months worth. I made an arrangement with them and was told as long as I stuck to the arrangement no further action would taken. some months later I checked my credit profile on Experian and they had marked my mortgage account as being in default. I was never sent a notice of default so had no knowledge of this. Also I had asked to capitilise the arrears but I was told that as I was in a fixed period it would not be possible to do this until fixed period ended. Also they were heavy handed with the charges on my account. Today I have received a letter saying they ombusman have made their final decision and that the agree the default should stay in place. They say I was offered the chance to capitilise the arrears but I declined, (why would I do this??) They say engage have "notes" to prove this but this is a blatant lie. They agree the charges were high and have award some refunds, about £500 and 8% interest. I ended up selling the house because the situation was making me depressed and I now rent but it seems I have to now spend another 3 years waiting for this default to drop off the account. I feel let down by the FOS for just accepting what this suspious company say. I have 2 options, I accept the decision, take the money-(assuming I get it!) or I reject the decision and fight through the civil court. I'm looking for advice on what I should do? My heart tells me to just take the money and move on but I'm so angry it just doesnt feel right. Furthermore even though this was settled in full in april 2011 they still havent updated my credit file to reflect this, I have asked several times. Any advice greatly appreciated. Thanks.

They used to be Blemain, now are 'Together'. I am always behind with my mortgage. I am on a very low self employed income and it is erratic. So always end up having to pay three or four months arrears when they threaten me with an eviction. They have an court order due to persistent late payments. My circumstances have changed since I lived at the house...my gf who is also on the Deeds split up. She pays the mortgage, I pay the second mortgage with Together which is about £500 a month. I can never do one of those things with income and outgoings because is so erratic and I dont even live there. But I pay it every few months when I can so she doesn't lose her home, and at some point maybe we can sell it. But, because of all the charges and extra interest etc the amount I owe after paying it for about 10 years is about £10k more than I borrowed! Yet am Paying £6k a year! Total amount is about £60k and its a high interest rate because that is all I could get at the time. So virtually everything I earn bar about £100 a week pays that. And as I only get money erratically and then £2-3k every three months or so on average, I can never get in front just keep paying off the arrears and my living and some debts. So I am very depressed about it and cant see a way forward, except that one day we may be able to sell it. But there is no equity in it atm, and I am losing £6k a year really while the market is stagnant and yet actually reducing nothing its gone up over £10k. Problems started when the banks called my business o/d and loan in as then I had no way of budgeting to cope with the erratic income. I am effectively homeless, and cant even get tax credits because of my circumstances, and living between a few sets of friends and a new girlfriend. She has a tiny flat so I cant store anything there, and cant stay at all when her son is there...no room to swing a cat. All my stuff is with friends in my 'rooms' there, and I have nowhere to sit and do my books which are a few years behind and no doubt I am being chased for that too on money I haven't earned but fines for late books. I am in a total mess and cant see what to do. What can I do? Are these charges even legal? I am told they are not? I want to sort this out first as it will be one thing off my mind if I can stop them doing that. Then I have to face the HMRC and explain why I haven't done my books for several years afterwards.

Ukaviator has advised me to post here so here goes. Data has arrived from West Brom and I have only just realised that I can claim back 12 years. Luckily I moved my mortgage 2 years ago. Some of the entries have me puzzled. I am fine on "arrrears" "positive interest" etc. Can I also claim "admistration costs" "increased rate adjustment" "costs". "Interest for year" at the end of the financial year is fine isn't it. I'm assuming this is how they legitimately make money. And I thought an old mortgage account would be a good way to start. Guilty of reading the wrong threads m'lud- should have left banks alone at the moment. Has anyone got any advice?

Hi All New to forums, so please move if I have posted in the wrong place. Thank you in advance for any comments. Introduction My wife (38) and I (44) are currently in a joint ownership mortgaged property, in a debt management plan, with defaults on bank loans and credit cards. We both have good earning potential and hope to remortgage in approximately 2 years (after April 2019/20) to achieve full ownership. Current financial position Our current property is in my wife's name. It's a joint ownership (50%) 3 bed semi. Our 50% is valued at around £85k. We have £18k o/s on the mortgage and a further £6k charge on the property from Cabot re: an old CCJ that is no longer on the wife's credit history. Approximately £60k equity. Wife is in long term permanent employment earning £32k per annum. Husband is Director of own Ltd Company. Currently in year 1 with expected earnings of around £28k (£8k salary + £20 dividends). First year end is April 2018. Current debt position We currently have around £20k of debt under a debt management plan. Two years ago my wife was ill and I was made redundant. Rather than bury our heads in the sand, we tried to deal with our creditors, asking for payment holidays or help with interest payments. We tried to consolidate but none were helpful. Despite being pro-active, they all served us with defaults. Below are the debts showing as default on our credit check. The bottom two credit cards show as "up to date" but when you drill down it shows the payment with "DM" next to it for debt management. Type of debt Amount £ Default date 6 year date Bank o/d 742 28/08/2012 28/08/2018 Bank o/d 998 29/08/2012 29/08/2018 Bank Loan ,627 31/12/2012 31/12/2018 Credit Card 2,617 29/01/2013 29/01/2019 Credit Card 1,716 27/03/2013 27/03/2019 Credit Card 424 06/12/2013 06/12/2019 Credit Card 1,494 28/12/2016 28/12/2022 Credit Card 1,948 28/12/2016 28/12/2022 Bank o/d 325 22/02/2017 22/02/2023 Credit Card 1,819 up to date - DM Credit Card 4,013 up to date - DM 20,723 The default date is from our credit reports and I have added on 6 years as I believe/hope the debts will drop off our credit reports after this date (?). Plan A What we would like to do is buy a full ownership in approximately 2 years. My wife's earnings will be around £35k, and I expect my earnings to be around £45 (£8k salary + dividends). We hope to borrow in the region of £300k and use our equity to spend around £330k and pay off the rest of the debt. If my understanding is correct, debts older than 6 years won't show on our credit history, so we would spend the next two years paying off the more recent debts, so that our credit check is clear (ish). We would clear the old debts with the remortgage. Plan B Our current property is owned 50% and we could buy the other 50% at a good rate from the Housing Association. Because of the work we have done to the house, I hope we could buy the other 50% for around £75k and have full ownership of a house worth between £190 and £200k (at a cost to us of £160k). We would use this as a stepping stone to achieve PLAN A in roughly the same time frame. As the property is currently listed as 'affordable housing' I believe taking full ownership would allow us to potentially sell for more, and open up more options in terms of dealing with lenders, without the restrictions associated with joint ownership properties. Questions 1) Is the £6k debt to Cabot likely to affect future borrowing? It doesn't show on a credit check, but Cabot do have a charge against the property. 2) Husband is owner/Director of Ltd Company. Other than waiting for 2 year trading history and maximizing earnings from Company, is there anything else I should be doing over the next two years? 3) Will our defaults 'disappear' from our credit checks at 6 years old? Can they still affect our rating? 4) Is there any debts that should take priority over the others? 5) After April 2018, when I have been trading 1 year, would it be possible to buy the other 50% of our current property with the above credit history, equity and earnings? This could be an opportunity to clear off some of the debts to improve our position for the future. 6) Are their any considerations around 'help to buy' that we could take advantage of now and things we should/shouldn't do to jeopardize any opportunities? For example, I have never owned a house. Might this help me in getting 'help to buy'? 7) Do lenders ask for bank statements? Should we perhaps keep any unhealthy payments out of our main bank accounts? 8) Do we need to be concerned about our ages? 38 and 44? I would appreciate any thoughts, comments or suggestions. We are committed to paying off our debts and hopeful that we can achieve our goals. Thank you.

Hi This is the second post I have going at the moment but I really need to clarify. Back in 2009 I took a second mortgage. I had a fixed rate for 4 years then went to tracker. After 4 yrs and credit crunch I said to the lender I would like to change my rate to be told I couldn't as it was a secured loan not a mortgage. I stated no its a second mortgage and all my paperwork refers to it as a mortgage. I now also own my own home Mortgage free (still own and selling the property with the second mortg,) in my paperwork it states I can transfer the loan onto the new property. I called them (The company who now own the second mortgage as it was sold which was in term and conditions apparently) I was told because I don't have a mortgage on the home I live in now I cant transfer it. They also say its a loan not a mortgage. They also told me it was covered by European Mortgage which I said it was under £25k so covered by CCA. I complained they agreed they were giving wrong information but I notice their paperwork no longer refer to it as a mortgage but loan. What can I do Is it a Mortgage or a loan. If its a Mortgage then I could have reduced the interest rate years ago. Are they pulling a fast one. The settlement figure means I am just in neg equity

Hi, Does anyone know what Nationwide is likely to do in our situation please? Wife is 16 years older than me so we had a 10 year self cert mortgage taking her to age 65 originally through Derbyshire/Salt and now taken over with Nationwide. About 12 months ago we rang Nationwide after receiving a standard letter re repaying the loan at the end of the mortgage term. The friendly but extremely unhelpful call center guide was only interested in referring us to an independent mortgage advisor when asking about options and whether we could extend the term as they couldn't give advice and there were NO options on Nationwide doing some sort of deal or changing the mortgage. There wasn't much point in talking to a broker as my business went south in 2009 and we have wobbly credit, can't prove income to service the loan now although have no arrears or ever been in arrears. Instead we have been trying to sell the property - £255000 mortgage and 2 local estate agents started us at £395,000 now down to £340,000 and only 3 viewings in a year! I have been trying to understand 'Forebearance' but can't find any examples of any lenders being helpful to customers when they can't afford repayment. All we want to do is to continue actively trying to sell it while paying interest only rather than have it repossessed and forced sold. Does anyone know what is 'likely' to happen - particulalrly where Nationwide are involved? Any thoughts or advice would be really appreciated. Wife was just going to leave today she is getting so upset. We have until Feb for the mortgage term to end although haven't received any notices about the mortgage since last year. Thanks

Hi there, My Brother In Law has just discovered that his bank had fixed his Mortgage for 5 years at 3.89% without his consent. He has demanded to see the signed document the bank could not produce the signed contract he has been into branch and seen on the computer also that the contract is not signed in the signature box. What should he do in this situation? Any help would be much appreciated. Thanks

Hi, My partner and I have been overpaying her interest only mortgage in order to try to reduce the capital. Due to changes in our circumstances we can no longer do this and have reduced the monthly payments back to the original. We could do with some extra money over xmas and wondered if we can recover the overpayments made this year? As I understand things the interest is added at the start of the year so as long as we pay that amount over the year then we should not have a problem. I'm not sure if the Building Societies year runs Jan-Dec or April-March but can find that out. Your valued advice would be appreciated.

Hello, I have an eviction date of 13/07/2011, i am £7500 in arrears with my mortgage the original repossession hearing was back in 2005/2006, since then I have had a very poorly baby, been very ill myself and still have problems with my blood pressure and liver. NRAM have issued an eviction date and i have complied with them and provided all my I&E details. I rang today to make my normal payment the gentleman stated that they have made a decision and that i need to pay £4k off the arrears and increase my offer of overpayments, they are stating that i have in excess of £500 surplus income a month.... ..i deffo cant find this surplus in my bank! I have offered to pay £200 per month on top of my normal payments. I am not able to pay the £4k and they have suggested that i contact the court to let them decide. I am petrified that i am going to lose the house, i am married and have two children age 10 and 5, we do not have any family support so there would be no were we could go to. I have admitted to NRAM that i had not been prioritising my debts and that I have since seeked advise from a financial advisor and that i am in the process of dealing with our debts with payplan. I have made arrangements to go into my local court on friday to fill in the form but im not sure what details i need to provide. Can anyone help?

Hi I'm looking for some advice. I have received a solicitor's letter saying that I am in arrears on my mortgage and if no agreement can be reached then the house may be repossessed. I am querying the arrears as it includes a multitude of charges etc., When I first became unemployed I requested that the arrears be added to the end of the mortgage...capitalisation...but Platform refused..because this was something that they didn't do. I also asked if I could buy myself out of the high interest rate to a lower interest rate...and they refused. My original mortgage was for £93,000 interest only. I opted for interest only because I was stuck in a really high interest rate and planned on going onto capital and interest after the initial 3 year fixed term. Remember that I asked if I could capitalise these arrears and was refused. I just discovered today that my current mortgage payment is including the arrears amount ie the £93,000 plus arrears plus charges! My mortgage payment is £288.50 per month. I pay £290. As I am already paying a higher mortgage to pay interest on the arrears and the charges...I have said that they have effectively capitalised the mortgage by adding the arrears to my mortgage balance and increasing my mortgage payment to cover the interest on this. I have asked for complete breakdown of all charges, arrears, mortgage payments and, they added insurance to my payments too at an extra £22 per month despite giving me no option to look at different quotes. The insurance is with their own insurance company and despite paying £22 every month, plus interest on my mortgage, the insurance doesnt cover me if anything happens to my home. If Platform capitalised the arrears I would be paying no more than I am paying already....effectively paying the interest on the arrears. I have had mortgage arrears before with other mortgage lenders and they did not add the mortgage arrears onto the mortgage. They were completely separate and were paid off when the mortgage was paid off. The way I see it Platform are not treating me fairly...they are receiving the interest payments for the arrears but have refused to capitalise. Is this common practice? Any help would be great! I need some advice on how to deal with this. Gemspan xxx Can somebody give me some help please? Is there anybody around that can advise? Thank you Gemspan

Hi all, I'm hoping I can get some help on this I have a property that is let out (with permission from my mortgage provider) while I have been working abroad. The mortgage provider has my correspondence address on file. The management company for my estate charges me an annual fee. I've been late paying this before so I signed up to their online account so I can track it online, which is easier for me. In September 2015, they emailed me saying that they were moving to a paperless solution and would be emailing invoices and other correspondence from October 2015. I did not receive an email and forgot about it until Jan 2017 when I got an email requesting payment for 2017 charges and promptly paid. I picked up my mail from my rented out property August 2017 (most of my mail is redirected but some slips through occasionally) to find a letter from my mortgage provider stating that a charge of approx £720 was added to my mortgage in respect of late rentcharges. This letter was dated June 2016 but they sent it to the address I have let and not my correspondence address so I did not get it at the time. I have received letters from them before and after this date to the correct address. I went back through more mail to find that PDC had sent me letters chasing the management company's invoice (that I did not receive). A quick summary (all these letters went to old address so I only got them in August 2017): early Feb 2016 - management company sent "final demand" letter for payment (not paperless!) (approx £150) late Feb 16 - PDC wrote asking for £370 and including a form asking me to authorise them to take it from my mortgage provider early March 16 - PDC wrote again asking for payment mid March 16 (10 days later) - PDC wrote again stating Section 121 and asking for payment of £720 to avoid legal proceedings. They sent this to my mortgage provider too late March 16 - Mortgage provider writes to me (at wrong address) saying PDC alleges arrears of £720 stating that they won't take action unless they get evidence that PDC can take forfeiture action early June 16 - Mortgage provider writes (to wrong address) to inform me that £720 has been added to my mortgage I called mortgage provider and they told me that PDC provided "evidence" of a CCJ against me in April 2016 and that is why they paid. I checked my credit file recently and no CCJ has been recorded. I also never received a letter from PDC after mid March. I've seen other posts about PDC on this forum but most people were able to stop action before they went to the mortgage company. I'm looking for advice on what I can do now to get those funds back from PDC. I have also filed a complaint against mortgage provider for not writing to my correct address.

I previously sent a CCA request as I could not locate the original that was taken out in 2001. I received the attached edited copy but is I am not sure if this is correct ? I then sent off an SAR and again received the same amongst details submitted. Am I missing anything does anyone know ? I've checked the forum for BH credit agreement examples but all seem to look different to mine. Just one other question, should BH be sending me annual statements of some sort ? Thank-you for looking.

a lifetime nationwide mortgage was purchased within a year of someone dying probate was delayed for several months whilst legal issues were dealt with that has now been issued. we have been told by the nominated executor solicitor that all issues... ..i'e the sale of the house to meet paying the lifetime mortgage must be dealt with within 1 years. when does that clock run from? the death or the probate date? we have a feeling the solicitor are pressuring us to accept a lower offer because the clock is ticking from death, when in all truth its nt that date, just to wrap things up quickly when they cant be bothered to properly market the property to attain a better value... who's correct? dx

Hi, received a cheque from Halifax for CC PPI from 2001-2011. Total premium paid was £2900 and they z have paid me £2200 interest. Im guessing this is simple interest when I should have argued for compound interest? Is it too late for me to pursue this any further as I have not signed anything they just sent me the cheque? I'm guessing I have missed out on a good few grand because of this as the card always had a big balance:|

My mortgage was with GE Money before it was sold to Engage . I've worked hard to reduce £25k arrears to less than £10k. I have a fees balance of £16k. I would obviously like to reduce this as much as possible. The current mortgage company have sent me a list of charges incurred. What can I reclaim? There are a number of £40 admin fees, recalled DD charges and a great deal of additional interest added. I thought interest shouldn't be charged on charges. What is my next step?