What do I do now? Platform Funding - Mortgage

[IdaInFife]

Hi Gem thanks for coming back and updating as you will be helping others,

 

so whats to happen on 19/10?

 

Ida x

[Ell-enn]

If you need any help with preparing the paperwork for your hearing please ask.

[gemspan]

Thank you Ell-en and Ida. The Hearing was continued because their representative had no paperwork. I prepared very very carefully for the Hearing and had spent a lot of time..and ink....copying everything that was relevant. The Judge didn't even take his bundle when I disputed the other side's argument that I hadn't contacted them. I have copy letters and their responses basically telling me to go away and they were taking Court Action. It seems to be very different to England where the Hearing is in private.

 

When I attended Court today I was told what Court the case was calling and I had to sit in the public gallery until my case was called. All the solicitors representing the other cases were sitting round a table in front of the Sheriff and when my case called...at 12.30 when it was scheduled for 11am....I had to go up to the table where they all sat looking at me when I presented my case. I can imagine this would be quite intimidating for some people and the stress of having to do that would be terrible. Thankfully I am used to standing up to talk to audiences through training but I still felt as if I didn't put my case across as well as I could have. I think the next case will be easier for me as I will know what to expect, but it was very daunting.

 

I'm glad I represented myself because, looking at all the solicitors there representing the big sub-prime companies - or the Defendants - I felt that I truly knew my case and was passionate about keeping my home.

 

It was very sad attending and listening to people being removed from their homes. I do think that it's great that cases are now calling at Court before decree is granted but I do believe it should mirror the English system and be held privately to save stress.

 

I think the lender in my case has really shown themselves up and I could see the representative panic a bit when I cited C&G v Norgan as an example of them failing to complete the Pre Action Protocols. Shocking behaviour by these companies and it was the usual suspects GMAC, Paratus, Pacific Finance, Northern Rock (not sub-prime I now but aggressive!), Rooftop....and of course Platform.

 

I now have to write to the lender's solicitors asking why they stated I had never made contact. Do you think it would be wrong of me to ask them to get the case dismissed or advise I will be requesting my expenses and damages for their failure to follow protocol?

 

Nearer the time Ell-en I will get you to have a look over my statement. It ran to 3 pages but that was 1.5 line spacing to make it easier to read. I'm thoroughly disgusted at what is going on in this world now. One person had decree awarded against them for arrears of £2700. I was shocked and started panicking that the same would happen to me....

[Crocdoc]

I am assuming this relates to Mortgage arrears , this being the case then your defence will require detail of how you intend to repay the arrears and maintain future mortgage payments . I understand that at present and due to funding cuts Shelter are only dealing with cases that are referred through CAB or other free advice agencies, therefore it may be worth going down this route as Shelter do provide expert advice.

 

My apologies, when I put the above post in I did not realise you were so wll organised.

 

Very best of luck

[gemspan]

Thank you crocdoc. I wonder if it would be worthwhile making a sub forum for repossessions in Scotland. Most of the forum seems to relate to English repossessions and its really quite different in Scotland. What do people think? I found some very interesting cases that could be cited but fear they will get lost in a general forum. They could be very helpful to other people at risk of repossession.

[gemspan]

Hi there

 

A quick question. If a Sheriff has made a decision in a Proof re repossession...does this act as a precedent for other Sheriffs? The attached is from Govan Law Centre and I am using it in my case against Platform. They have refused to allow me to pay the arrears over the remainder of the mortgage. My proposals will mean the arrears will be repaid in 15 years....less than the term of the mortgage. Any help would be gratefully received.

 

Gemspan

 

http://govanlc.blogspot.co.uk/2012/04/decree-for-repossession-refused-in.html

[gemspan]

Have just found this that states if an equal court has made a decision under the same circumstances and law then it sets a precedent for any Sheriff to follow. Very interesting!

 

http://www.accaglobal.com/content/dam/acca/global/pdf/f4sct_2009_june_a.pdf

[gemspan]

I was back in court today and I think the Lender is really starting to show their true colours.

 

The case was continued 4 weeks ago because they said that I had never contacted them to try and negotiate a settlement to arrears. I was able to prove that I had and the Sheriff instructed me to contact them and ask why they were saying I had not tried to reach an arrangement when I had. I duly sent the letter and, guess what, they didn't reply!

 

I was able to state in court today that they had not replied to my correspondence. Their local agent said the case was continued for various reasons, one of them being that I was unwell. I was able to prove this was not the case.

 

I had taken the time to go to court and hand in my defence to this claim but unfortunately the Sheriff had not looked at it. To cut a long story short I put forward my proposals which mean that I am effectively paying an additional £35 per month on top of my CMI. The other side argued the figures but then relented and admitted my figures were correct. The judge stopped the hearing and instructed their solicitor to make contact with their client to come to an arrangement. The Lender refused.

 

I now have a Proof in January and need to submit Answers within 14 days. The Judge agreed that I had a legal argument and wanted to give me the chance to put forward my argument. I got the impression that even the local agent felt that this should not have gone to court.

 

I am now going for dismissal with my expenses. This has had a terrible effect on my health. I will be making the additional payments until then to make them look even worse.

 

Does anybody have any template for Answers in Scottish Sheriff Court Civil Cases please?

[blueda]

Looks to me that you are going about this the right way gemspan, hopefully someone will come up with the template letter.

Edited October 19, 2012 by blueda
typo

[blueda]

I have had a look online, you could contact scotland.shelter.org.uk.

I tried to get the Link up, but it did not work, the telephone number is0800 800 4444, hope im not breaking site rules by posting the number.

Edited October 19, 2012 by blueda
typo

[IdaInFife]

Gem,

 

Post 49 in the following link should help you

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?269529-Creation-Financial-Services-and-Court-*WON*/page3&highlight=Answers

[gemspan]

Thank you my fellow Caggers......I feel very positive about this. I'll have a look on that thread. Fingers crossed. x

[gemspan]

I just wanted to update you on this case. I had a pre-proof hearing on 14th December but the day before I fell on the ice and banged my head badly. I couldnt go but called the court and told them about this. I called back the following Monday and they told me that the Interlocutor says the Proof in January is dismissed and the case taken forward to March for negotiation. I have heard nothing further from the other side re negotiation. Does this mean the repossession case has been dismissed? I sent off Answers where it was clear that they had not followed pre-action protocol. Any ideas anybody? The previous Sheriff had set a Proof but that now seems not to be going ahead.

[gemspan]

The judge dismissed the Proof assigned for today.....the mortgage provider is supposed to be negotiating with me....never heard a thing from them. I'm giving them until next week and will contact them. The sheriff wants to see us on 1st March to see what they have negotiated with me.

[gemspan]

I successfully defended a case for repossession of my home due to the mortgage provider failing to negotiate on repayment of arrears. A suspended possession order was never issued and the Sheriff was very angry that this had happened. The Sheriff ordered them to negotiate with me. They made no attempt to contact me and I had to contact them to arrange a payment plan. This was arranged and I have been keeping to this plan. The mortgage provider wrote to me telling me they have added the legal fees to my balance but how can they do this when the Sheriff said it should not have gone to court? What should I do now? I wasn't able to go to court the last time because I have been very ill. The legal fees are almost £2000.

[IdaInFife]

I am not 100% on repossession but,

 

I am assuming the in the court docs there is a total amount of arrears that do not include the legal fees?

[gemspan]

Yes, you're right there Ida. Only mortgage arrears. I defended the action and a Proof was given. I had a bad fall and banged my head the day before the pre-proof hearing so couldn't attend. I was requesting to dismiss with no fees due to or by. The Sheriff dismissed the proof and ordered the mortgage provider to contact me and negotiate a repayment plan. They didn't contact me and I ended up having to contact them when I was a bit better. I then got a letter from the mortgage company saying they had added legal fees to the arrears on my mortgage, increasing it by £2000 almost. It seems to me that if they can do that...then I can charge them for my fees, time etc., in having to attend court time and time again because of their refusal to negotiate on the arrears and their failure to follow pre action protocols. I still don't feel great but I need to get this sorted now.... At no time was a suspended possession order issued. Thank you

[IdaInFife]

I don't think they can be added then,

 

Ill get some help

[gemspan]

Hi

 

I'm looking for some advice.

 

In 2012 I was taken to court by my mortgage provider to try and get possession of my house.

The sheriff would not award it and ordered them to negotiate with me.

 

An agreement was made and since March 2013 I have religiously kept to that agreement.

The only time the payment has differed from that agreed by the court was when the mortgage company promised me they would capitalise the remainder of the arrears after 6 months of paying set amounts to prove that I could pay the slightly higher mortgage payment and to take into account if mortgage rates increased.

 

Again, I kept to their agreement religiously and a month before they were supposed to capitalise my account was sent back to another department and the whole saga started again with phone calls, letters etc.

This has happened twice.

I am now paying twice what was arranged by the court.

The court case was stayed back in 2013.

 

I was diagnosed with a serious life threatening illness in 2014 and the mortgage provider know this.

They know that stress can cause serious problems and that I have recently started experiencing a decline in my memory.

 

That didn't stop them from phoning me and demanding that income and expenditure be completed despite my situation not changing which I informed them about on lots of occasions.

 

I have always worked with my mortgage company and my mortgage payments have never been missed..

.not one missed and every month an additional payment made.

 

To let you know how I have been operating my account,

half the arrears have been paid off in 4 years...

with them promising on two occasions to capitalise the remainder but they were empty promises.

 

In July I received a telephone call out of the blue asking me to complete an income and expenditure form.

I advised that nothing had changed since November last year when I completed one prior to their promise, yet again, of capitalising my existing arrears.

 

The reason I requested capitalisation was so that I had some continuity as my health deteriorates.

I have a progressive health condition.

 

They demanded I complete an income and expenditure form and I told them I'd have to find all the relevant details but as my income was currently being reviewed it would have to wait for a little while until I knew exactly what my income and expenditure was going to be.

Any form completed at that time would not give a true reflection.

 

My mortgage has continued to be paid and I have continued to pay twice what was arranged by the court.

I was really being harassed by telephone calls throughout the day and at that time I was experiencing a phase of seriously bad health so it was having an awful effect on my well being.

 

I eventually had enough and wrote to them taking permission for them to call me at home and requested that all communication be dealt with by letter.

I was told my account was going to be sent to litigation for repossession

I advised that I was contacting my solicitor and I was going to have the court case resumed to advise the judge what was going on and the fact that they charged £1700 in legal fees but refuse to give me a copy of the invoice or a breakdown of the fees.

 

I then received intimation that they were dismissing that court case with no expenses due to or by either party.

I still attended my solicitor appointment and she told me that it seemed like they were now taking responsibility for their actions and behaviour and advised that I don't oppose it as it was a win for me.

 

She did say that they could dismiss that action and start a new one but she felt that would be unethical and they would have to explain to a judge why they were doing this when my mortgage payments were up to date, plus paying an additional sum and having cleared half the arrears in what is classed as a reasonable period of time.

 

True to form they have just served another calling up notice on me.

I am absolutely disgusted at their actions.

 

Pre-action protocols state that you can't raise an action when somebody is making headway in clearing the arrears.

I am seeing my solicitor next monday as she's on holiday

 

I'm sure we will be having the previous case re-opened to bring this behaviour to the attention of the judge as I believe this is a vexatious action and an abuse of the legal system due to my account's current standing.

 

Is this normal practice?

Has anybody else ever experienced this?

Why did they not just go back to the original action?

Would be interested in hearing thoughts.

 

I will say that this has had a terrible effect on me due to the worry.

I have done everything that has been expected of me.

..and more.

..and yet it seems that they can just come in at any time even when you're paying the arrears and your mortgage and try to take your home.

 

Surely that can't be right?

[dx100uk]

its not right

and sadly you should have refused their calls from day one.

 

if the sheriff set the sum

then that's ALL YOU SHOULD BE PAYING.

 

get an sar running to them

I bet you have £1000's in unlawful arrears fess etc etc

and lots of useless insurances

all can be reclaimed and removed from the balance.

 

who's the fleecers please?

[dx100uk]

numerous threads merged

I assume this is platform upto their old tricks again gem...DX

[gemspan]

It's Platform Funding.

I have never been treated like this in my life.

They are vile.

 

When this went to court originally the judge wasn't happy because they told me they wouldn't negotiate until they had a charge on my property....which they never got.

 

Now they're trying to take my home, knowing that I'm seriously ill and am paying my mortgage religiously, with more than required in addition.

This is just bullying and I won't let them get away with it.

 

This time though I'm not able to do this myself as I'm too poorly but I will attend court.

I've also reported this to FOS but they appear to be not much use.

 

I managed to get all the charges wiped off the account already but I see there are a couple of minor discrepancies there that I will sort out and get those taken off.

They stopped adding the insurance a couple of years ago but the premiums are still on there historically.

That amounts to maybe £400.

They say they're not included in the arrears figure and will need to be paid when the mortgage is redeemed.

 

Properties in my area are going up in value so I think they're trying it on.

They've offered me voluntary repossession a few times too.

This is my home!

 

I need a roof over my head and especially now with my health.

It would do great damage to me if I had to pack up a home and move.

That's the honest truth.

Disgusting behaviour.

[gemspan]

Oh yeah...and when I question why I'm not getting the capitalisation that I was promised they say I don't meet the criteria. Very strange that I did previously. This is also an interest only mortgage and when I enquired about a price for changing to capital and interest they told me I didn't fit the criteria on that too. They're desperate to get their hands on my house so they can make a nice profit. That's very clear now.

[gemspan]

Thank you for merging the threads. I couldn't find the original one. Yes, they're up to their tricks again. Grrrr

[dx100uk]

well the very fact that they have been making you pay more than the sheriff adjudged will be very bad for them

in all honesty i'd be going for the throat now

and file an incidental allocation or whatever it is outlining what they have put your through since the last hearing.

 

you could stand to get compo out of this.

 

its a shame you let the solicitor agree to close the last repo hearing.