Wave/Ex GMAC Mortgage eviction help

[Ell-enn]

thanks ell-enn and thanks for all your help,you do a great job you deserve a knighthood rather than some of the people who get them.

 

Thank you

[OLIVE.FAMILY]

A SAR is a letter give us a minute and i will find you one as there is a template around here some where.

 

xx

[OLIVE.FAMILY]

A SAR is a letter give us a minute and i will find you one as there is a template around here some where.

 

xx

[OLIVE.FAMILY]

Here you go. Just change it to suit

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

Also if you go over to the mortgage section you will find more info as well in the stickys.

The mortgage bit is at the bottom of the banks list is "other institutions" with a sub heading for mortgages.

 

olives xx

[OLIVE.FAMILY]

Here you go. Just change it to suit

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

Also if you go over to the mortgage section you will find more info as well in the stickys.

The mortgage bit is at the bottom of the banks list is "other institutions" with a sub heading for mortgages.

 

olives xx

[scared79]

Oh well done biddy! OLIVE was right you had us worried! I'm so glad you won, WELL DONE!

scared79 xxx

[scared79]

Oh well done biddy! OLIVE was right you had us worried! I'm so glad you won, WELL DONE!

scared79 xxx

[hedgehog0045]

WHoopppeee ...congratulations

 

A victory for common sense, a judge with the brains to realise that the repo was not in anyones best interest..

 

Well done you

[hedgehog0045]

WHoopppeee ...congratulations

 

A victory for common sense, a judge with the brains to realise that the repo was not in anyones best interest..

 

Well done you

[cat100]

Great News.

[cat100]

Great News.

[mich7k]

Good to hear from you al least we know you and your family are ok x:)

[mich7k]

Good to hear from you al least we know you and your family are ok x:)

[biddy65]

Thanks For All The Great Comments,looks As Though We Are Not Out Of The Woods Yet Though!had A Letter From Their Solicitor Yesterday Saying That Payment Of The Mortgage And The Agreed Amount For The Arrears Should Be Paid By The 28th,i Thought The Judge Had Agreed To Weekly Payments With The Mortgage And The Agreed Amount Spread Over The Month,our First Payment Went Out Friday But If They Want The Full Amount By The 28 Were Up The Creek Again!also Our Originaly Payment Date Was The 1st Of The Month But They Said In The Letter It Was Due On The 28th,any Ideas

[biddy65]

Thanks For All The Great Comments,looks As Though We Are Not Out Of The Woods Yet Though!had A Letter From Their Solicitor Yesterday Saying That Payment Of The Mortgage And The Agreed Amount For The Arrears Should Be Paid By The 28th,i Thought The Judge Had Agreed To Weekly Payments With The Mortgage And The Agreed Amount Spread Over The Month,our First Payment Went Out Friday But If They Want The Full Amount By The 28 Were Up The Creek Again!also Our Originaly Payment Date Was The 1st Of The Month But They Said In The Letter It Was Due On The 28th,any Ideas

[OLIVE.FAMILY]

Hiya Biddy,

 

Have you had a letter from the court yet with a copy of the court order. This should tell you exactly what the judge said. The mortgage company should also get one

 

olives xx

[OLIVE.FAMILY]

Hiya Biddy,

 

Have you had a letter from the court yet with a copy of the court order. This should tell you exactly what the judge said. The mortgage company should also get one

 

olives xx

[biddy65]

HI OLIVES,no not yet tried to get hold of the solictor who came with me but no reply,she was supposed to be doing the paper work will have to try her tomorrow,hope alls well with you.

biddyxx

[biddy65]

HI OLIVES,no not yet tried to get hold of the solictor who came with me but no reply,she was supposed to be doing the paper work will have to try her tomorrow,hope alls well with you.

biddyxx

[OLIVE.FAMILY]

Yes thanks Biddy all is well here.

 

You should over the next couple of days get a letter from the court. It will look very much like the one you got when you handed in your N244 form. This time though it will have what the judge ruled(you may have seen her/him writing notes when the ruling was given). Mortgage comapnies are highly unlikely to change the contractrual payment date. Like for mine I am supposed to pay on the last day of each month but the judge ruled that I was to pay on the 20th(10 days early) now the the mortgage company didnt like this but I was paying early.

 

Your case is the same, as long all is paid by due date there is not a lot they can do. They should give you this month though to be a bit short because you are paying what you promised but it wasnt a full month.

 

So please do not panic. Stick to what you said you would do and you will be fine. To give you peace of mind call the mortgage co when you get the court letter.

 

olives xx

[OLIVE.FAMILY]

Yes thanks Biddy all is well here.

 

You should over the next couple of days get a letter from the court. It will look very much like the one you got when you handed in your N244 form. This time though it will have what the judge ruled(you may have seen her/him writing notes when the ruling was given). Mortgage comapnies are highly unlikely to change the contractrual payment date. Like for mine I am supposed to pay on the last day of each month but the judge ruled that I was to pay on the 20th(10 days early) now the the mortgage company didnt like this but I was paying early.

 

Your case is the same, as long all is paid by due date there is not a lot they can do. They should give you this month though to be a bit short because you are paying what you promised but it wasnt a full month.

 

So please do not panic. Stick to what you said you would do and you will be fine. To give you peace of mind call the mortgage co when you get the court letter.

 

olives xx

[wellmeantadvice]

Hi Biddy,

 

I very much doubt that the lender will object if you pay them something each week, as long as you pay the full amount due under the suspended order by the due date every month. So if you have to pay X by the 28th each month, you should be fine as long as you pay 1/4X on the 7th, 1/4X on the 14th, 1/4 X on the 21st and 1/4X on the 28th.

 

However, the judge cannot actually alter the contract, he can merely exercise his discretion to suspend possession. So, if the first payment is due by the 28th, (and you still have 9 days until then) you must seriously try to make that first payment! The court order will frequently specify a first payment date in the order, but if it does not, it will be your normal payment date.

 

 

On a slightly different note- although they will be able to claim their costs, I disagree with Olive that they can continue to charge you account management fees for as long as you are in arrears. These fees are charged to reflect the additional work involved in an account that is in arrears (i.e. collection activity, chasing payments, etc.). Once a suspended order is in place (and maintained!), this guarantees regular payments, so that no additional work (and therefore account management charges) are justified. If they do still add them, this is something I would challenge. However, you will still have to pay slightly more, as you will be liable for the additional interest on the arrears.

[wellmeantadvice]

Hi Biddy,

 

I very much doubt that the lender will object if you pay them something each week, as long as you pay the full amount due under the suspended order by the due date every month. So if you have to pay X by the 28th each month, you should be fine as long as you pay 1/4X on the 7th, 1/4X on the 14th, 1/4 X on the 21st and 1/4X on the 28th.

 

However, the judge cannot actually alter the contract, he can merely exercise his discretion to suspend possession. So, if the first payment is due by the 28th, (and you still have 9 days until then) you must seriously try to make that first payment! The court order will frequently specify a first payment date in the order, but if it does not, it will be your normal payment date.

 

 

On a slightly different note- although they will be able to claim their costs, I disagree with Olive that they can continue to charge you account management fees for as long as you are in arrears. These fees are charged to reflect the additional work involved in an account that is in arrears (i.e. collection activity, chasing payments, etc.). Once a suspended order is in place (and maintained!), this guarantees regular payments, so that no additional work (and therefore account management charges) are justified. If they do still add them, this is something I would challenge. However, you will still have to pay slightly more, as you will be liable for the additional interest on the arrears.

[OLIVE.FAMILY]

Hi Biddy,

 

 

 

On a slightly different note- although they will be able to claim their costs, I disagree with Olive that they can continue to charge you account management fees for as long as you are in arrears. These fees are charged to reflect the additional work involved in an account that is in arrears (i.e. collection activity, chasing payments, etc.). Once a suspended order is in place (and maintained!), this guarantees regular payments, so that no additional work (and therefore account management charges) are justified. If they do still add them, this is something I would challenge. However, you will still have to pay slightly more, as you will be liable for the additional interest on the arrears.

 

Hello wellmeantadvice(cool name by the way)

I am afraid lenders do continue to charge this arrears fee. I know this as my lender also does, and if you look around the forum others do aswell(sorry that sounds like I am being horrid to you but I am not)You are absoltuley correct in saying that the fees are charged to reflect any additional work in an account that is in arrears. Mortgage comapnies say that althoughyou may be paying, they still need to keep a careful eye on you. Mainly because if you mess up just once then they will pounce(my mortagage co has had me in court 3 times this year). I am at the mo challenging these fees and it is with the FOS and I am hoping to have a verdict very soon. If I loose then it will cost me £3000 in late payment fees in the end. As soon as I know I will let the world know on my thread. Again you are correct with the interest as the feesare added to your mortgage balance then you interest increases. So in the end the make those who struggle, struggle even more.

 

Again sorry if that all sounds like I am being horrid no offence is intended but as others will tell you this is something I am very passionate about as I feel loads are getting ripped off. Including me

 

olives xx

[OLIVE.FAMILY]

Hi Biddy,

 

 

 

On a slightly different note- although they will be able to claim their costs, I disagree with Olive that they can continue to charge you account management fees for as long as you are in arrears. These fees are charged to reflect the additional work involved in an account that is in arrears (i.e. collection activity, chasing payments, etc.). Once a suspended order is in place (and maintained!), this guarantees regular payments, so that no additional work (and therefore account management charges) are justified. If they do still add them, this is something I would challenge. However, you will still have to pay slightly more, as you will be liable for the additional interest on the arrears.

 

Hello wellmeantadvice(cool name by the way)

I am afraid lenders do continue to charge this arrears fee. I know this as my lender also does, and if you look around the forum others do aswell(sorry that sounds like I am being horrid to you but I am not)You are absoltuley correct in saying that the fees are charged to reflect any additional work in an account that is in arrears. Mortgage comapnies say that althoughyou may be paying, they still need to keep a careful eye on you. Mainly because if you mess up just once then they will pounce(my mortagage co has had me in court 3 times this year). I am at the mo challenging these fees and it is with the FOS and I am hoping to have a verdict very soon. If I loose then it will cost me £3000 in late payment fees in the end. As soon as I know I will let the world know on my thread. Again you are correct with the interest as the feesare added to your mortgage balance then you interest increases. So in the end the make those who struggle, struggle even more.

 

Again sorry if that all sounds like I am being horrid no offence is intended but as others will tell you this is something I am very passionate about as I feel loads are getting ripped off. Including me

 

olives xx