Hi,
About 13 years ago, we took out a Foundations Mortgage with Natwest (Thats an intrerest only cheque book type mortgage).
6 Years ago, when my business got into difficulties, I got behind on monthly interest payments, and (because my eye was not on that particular ball), went into default on the mortgage.
Since then, our payment history has been eratic due to customers not paying us. Natwest has on two occassions applied to the courts for repossession, and on each occassion I have managed to clear the arrears completely before the hearing. upon which Natwest applied for and was granted a stay with 'indefinite leave to restore'.
My questions for you caggers are:
a) Six years on, the mortgage remains 'In Default', there is nothing in the mortgage agreement that covers coming 'Out of Default', if i'm making my regular payments now, will NatWest EVER be forced to accept the mortgage is nolonger in default? Is there law that covers this?
b) 'Indefinate leave to restore' seems harsh (on the courts part) is there anything I can do about that?
c) During the 6 years, though we have never been to court (2 stayed hearings), Natwest I estimate have tagged on about £4000 of legal fees without detail or justification. I've asked them to provide that detail verbally, they have failed to do so. I'm going to ask them in writing, and if they still fail, demand they remove them altogether (under banking code of conduct), does anyone have experience of fighting these kind of charges?
Many thanks in advance for your help...