bank of scotland/ one account

[james7406]

got to go to court in october, for possession order,

 

on court papers it says arrears is 96,000 i think this is the total mortgage amount, i am only in arrears of 4,000 was 8,000 in july but have paid off 4,000 since then, cant understand why they are saying that the arrears is whole mortgage amount.at the moment paying 200 a week.

 

Not to sure how to fill in the defence form for the court.

 

 

Help

 

James

[mrsc]

bump

[james7406]

can anyone help please.

[mrsc]

could you please post the particulars of claim you have received, also have you acknowledged the claim as this will give you 28 days to file a defence.

[Ell-enn]

MrsC - claims for possession of property are not the same as claim forms for debts. There is no acknowledgement of service. There should be an N11M defence form included in the Claim for POssession pack.

 

If you can wait till this evening I will help you with the form and a statement for Part 27 of the form which is the most important part.

[james7406]

sorry i havent replied, i have been working away.

 

think i will be ok filing in defence form, just one question on the court papers it says " the mortgage is secured under an all monies agreement payable on demand"

 

showing arrears at issue £96472.24 redemption amount £96472.24.

 

I am only in arrears of approx £4000.00 so am not to sure what above statement means.

 

any info would be appreciated

 

thanks in advance,

 

james

[james7406]

bump

[Ell-enn]

Have they affixed a schedule of payments (statement) with the claim form?

[james7406]

not that i can see

[james7406]

bump

[Ell-enn]

What date is the hearing in October?

[james7406]

13th october

[james7406]

bump

[Ell-enn]

OK, you need to send them a letter tomorrow by special delivery asking for an up to date statement of the account. Give them until 7th October to reply. When you get that we can do a statement for you to take to the court showing the true situation. If you need help with the letter, let me know and I'll draft one for you.

[james7406]

i,ll do that, thank you.

[james7406]

i received a letter in may saying i was in arrears of approx 8,000 but since then i hhave payed at least 4,000.

 

dont know if this helps

[jansus]

Hi are you aware of what the all monies clause means?

[james7406]

thats what i need to know, hever heard of it

[Ell-enn]

All Monies Here the mortgage secures not just the amount you now borrow, but, and in addition, any other sum which any person signing the mortgage comes to owe to the lender in whatever manner, at whatever time, and at whatever branch, and with or without the other party's knowledge or consent.

 

In other words - All Monies Charge clause in the mortgage agreement documents issued by some lenders means the lender secures all debt against the mortgaged property, including any additional borrowing such as personal loans or overdrafts. This means they are entitled to repossess the property should the borrower default.

[james7406]

how will that affect my case, i have no other loans or anything with rbs.

 

confused

 

James

[jansus]

So if you have a mortgage that is up to date and a loan that is overdue they can still apply to take the property.

[Ell-enn]

If you have no additional borrowing with them, then it shouldn't affect your case. They are bringing the action because your mortgage is in arrears, not because of any other loans being in arrears.

[jansus]

how will that affect my case, i have no other loans or anything with rbs.

 

confused

 

James

 

then that is unusual that they are using that clause. Are you sure you have no other credit cards / store cards that are underwritten by RBS?

[Ell-enn]

They will be using that clause because that is the description of the type of mortgage he has.

[Ell-enn]

So if you have a mortgage that is up to date and a loan that is overdue they can still apply to take the property.

 

Yes, but it is irrelevant if you have no other borrowing with them.