help please - solicitor or mortgage company forgot to cancel repro proceedings

[marcus1212]

last april i was in mortgage arrears but was able to settle all the arrears before as repossesion hearing.

my mortgage compnay took my money very happily.

 

2 weeks later i recieve in the most an eviction notice.

either the solicitor or mortgage company forgot to cancel the proceedings .

i was fuming as well my girlfirend going nerserk and the upset it caused has been no end.

 

the eviction was eventually cancelled but i need to know if i can take them court and claim for damages.

 

they have never apologised to me or offered any form of recompense.

 

the main director of the solcitor has told repeatedly he would call me 3 times this week but of course nocall what so ever.

 

also other problem being u cant ring and they rarely pick up the phone.

 

is this right as their possesions department never answer the phone

.u simply sit on hold for hour after hour.

 

i usually have to get another deparment to to get to ring me but they dont call me back ever

hence i want to take to court to to claim for damages and neglegence.

can anyone help me please.

[marcus1212]

question and help required

 

last april iwas in mortgage arrears but wasable to settle all the arrears before as repossesion hearing.

my mortgage compnay took my money very happily.

2 weeks later i recieve in the most an eviction notice.

either the solicitor or mortgage company forgot to cancel the proceedings .

i was fuming as well my girlfirend going berserk andthe upset it caused has been no end.the eviction was eventually cancelled but i need to know if i can take them court and claim for damages. they have never aplogised tome or offered any form of recompense.

the main director of the solcitors hl interactive has told repeatedly he would call me 3 times this week but of of curse no calls what so ever. also the other problem being u cant ring as they rarley pick up the phone. is this right as the repossesions department never answer the phone.

u simply sit on hold for hour after hour. i usually have to get another deparment to to get to ring me but they dont call me back ever hence i want to take them to court to to claim for damages and neglegence.

can anyone help me please.

[marcus1212]

i have recieved aletter with acourt hearing giving me 4 daysto attend and defend my situation.

i have asked for more time and an adjourment of 3 -5 days.. mortgages plc simply refused. they sent out delibratley in the middle of apostal strike the letter with the hearing dated 8 th october. recievedon oct 17th hearing monday 22nd.

 

my solcitor has asked and faxed the courts asking for time due to the way in which the mortgage company has acted.

any anybody help or adivseme on what is likely to happen..i owe 3000 k in arrear approx 4 moths

[marcus1212]

i have recieved aletter with acourt hearing giving me 4 daysto attend and defend my situation.

i have asked for more time and an adjourment of 3 -5 days.. mortgages plc simply refused. they sent out delibratley in the middle of apostal strike the letter with the hearing dated 8 th october. recievedon oct 17th hearing monday 22nd.

 

my solcitor has asked and faxed the courts asking for time due to the way in which the mortgage company has acted.

any anybody help or adivseme on what is likely to happen..i owe 3000 k in arrear approx 4 months owed.

 

what can i do as ring mortgages plc is anightmare and its proved they dont want to help in any way but simply reposess what ever they can.they have made my life a misery.

[tonycee]

Hello marcus.

The judge will ask you for your proposal to clear the arrears, if acceptable, he/she will make a suspended possession order.

This will enable you to pay off the arrears each month, at a sensible amount , sanctioned by the court.

Your mortgage co can then NOT repossess without you defaulting again.

Do be sensible with your offer, you can allways pay more than offered, but not less.

You dont need to be spending money on solicitors at this stage, they cant do anything for you that you cant do for yourself.

The money would be better spent paying off the arrears.

 

I know this is a very worrying time for you and your partner, you must use this experience as a wake up call.

 

Let us know how you get on.

Good luck.

[Oh Boy!]

TC absolutely right, follow that advice and you won't go far wrong, if see these types of cases all day long, the advice is about right.

 

Good luck.

 

__________________

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[tomtubby]

This must be such a worry to you.

 

I personally have dealt with quite a number of cases such as yours within the past few months....and never once have the courts agreed to allow repossession.

 

In particular with the property market heading southwards, the mortgage company would I am sure prefer to have a mortgage being paid instead of having the arrange a HIP report (paying up front) and then marketing the property at the worst time of the year. I am sure that you will be alright.

 

However, a small piece of advice.

 

Courts will always prefer that payments are made on a regualar basis....even if not for the full amount. This shows that you are attempting to pay what you can afford and shows willingness. If you do not pay anything this is not in your favour.

 

As advised earlier, this is a wake up call. Good Luck...and please do let us know how you get on.

[hollyjake]

this sound about right this happened to me even when I was paying my mortgage, this has to be Hml, the company who administers the mortgages, was this gmac or kensington

[Guest 10110001]

You are entitled to claim damages. These are your actual material losses.

 

You cannot claim compensation for stress unless, a) its diagnosed by a doctor and, b) the condition is not pre-existing.

 

Collate all your financial disbursements in a list, gather anything to support them and file a claim in the small claims track. You don’t need a solicitor.