Suspended Possession Order - next step - threatening eviction

[Givuzagame]

Hi

Despite the last court hearing when arrears were then £200 (since paid), the mortgage company are now claiming there is £7000 arrears!!!

 

Our mortgage has actually expired, and they won't remortgage us unless we pay £2000 a month.

 

We are sorting it out elsewhere but they said they are applying for an eviction date.

 

Will the court simply grant that to them or will there be a hearing? What should be my next step?

 

They are fabricating the amounts, can I sue them?

[citizenB]

Have they provided a breakdown of these arrears ?

 

I will try and find someone to help.

[Givuzagame]

No not at all. First I heard about it was when I wrote to their solicitor after getting his letter.

I have now requested he get me a statement since the last court hearing.....

[caro]

Hi

Despite the last court hearing when arrears were then £200 (since paid), the mortgage company are now claiming there is £7000 arrears!!!

 

Our mortgage has actually expired, and they won't remortgage us unless we pay £2000 a month.

 

We are sorting it out elsewhere but they said they are applying for an eviction date.

 

Will the court simply grant that to them or will there be a hearing? What should be my next step?

 

They are fabricating the amounts, can I sue them?

 

When you say your mortgage has expired, was it an interest only mortgage, or is it just the £7k arrears owing?

[caro]

Hi

Despite the last court hearing when arrears were then £200 (since paid), the mortgage company are now claiming there is £7000 arrears!!!

 

Our mortgage has actually expired, and they won't remortgage us unless we pay £2000 a month.

 

We are sorting it out elsewhere but they said they are applying for an eviction date.

 

Will the court simply grant that to them or will there be a hearing? What should be my next step?

 

They are fabricating the amounts, can I sue them?

 

When you say your mortgage has expired, was it an interest only mortgage, or is it just the £7k arrears owing?

[Ell-enn]

If all the arrears were paid off and the mortgage has come to an end - how can you owe £7,000 - if i was an interest only mortgage they could be claming that the £7k is feeds and legal costs, but it's a bit high for that.

[Givuzagame]

Hi

Despite the last court hearing when arrears were then £200 (since paid), the mortgage company are now claiming there is £7000 arrears!!!

 

Our mortgage has actually expired, and they won't remortgage us unless we pay £2000 a month.

 

We are sorting it out elsewhere but they said they are applying for an eviction date.

 

Will the court simply grant that to them or will there be a hearing? What should be my next step?

 

They are fabricating the amounts, can I sue them?

 

They have now decided there are no arrears! However we do owe £115000 balance for which we had a remortgage offer elsewhere. Current building society then said they could help so we submitted proposals. Then they declined them and meantime during delay previous offer expired.

We are reapplying and hope court will grant permission/time for us to get this as feel we have been deliberately delayed. What would you suggest in this instance as they are going for an eviction appointment?

[Givuzagame]

If all the arrears were paid off and the mortgage has come to an end - how can you owe £7,000 - if i was an interest only mortgage they could be claming that the £7k is feeds and legal costs, but it's a bit high for that.

 

After getting a visit today from another company instructed by their solicitors, he phoned them and they have agreed their are NO ARREARS. How can they get this SO WRONG.

I showed him the email I have stating the arrears.

I presume they were hoping to use that on the suspended possession order...

 

We do owe the balance and are in process of remortgage.....delayed by their intervention and supposed offer of help.

They deny having phone contact with us but have name of person I have been liasing with...

The stress this has caused should be compensated for, it seems they are a law unto themselves.

[sequenci]

A) Complain to the FOS

B) Hurry up with the remortgage as the court no longer has the ability to agree to another suspended possession order as you're at the end of your mortgage term - at best they may give you a reasonable period of time to sort something else out. We're probably talking weeks rather than months.

[Givuzagame]

When you say your mortgage has expired, was it an interest only mortgage, or is it just the £7k arrears owing?

 

Yes interest only. Balance £115000. In process of remortgage elsewhere.

We have more than that in equity in property.

They have confirmed now there are no arrears so can the suspended possession order be set aside?

[sequenci]

I guess you could apply for it to be removed for sure, it's pretty pointless as sicne you're at the end of your contractual term the lender can apply to take possession anyway.

[Givuzagame]

I guess you could apply for it to be removed for sure, it's pretty pointless as sicne you're at the end of your contractual term the lender can apply to take possession anyway.

 

would they then not have to start a new action? any delay will help.....

[millabbie]

If your challenging charges the courts may adjourn which will give you some time to either challenge charges or make other arrangements. The pre action protocol asks if the case is with ombudsman so complain if un successful get a complaint with the ombudsman.

[Givuzagame]

If your challenging charges the courts may adjourn which will give you some time to either challenge charges or make other arrangements. The pre action protocol asks if the case is with ombudsman so complain if un successful get a complaint with the ombudsman.

 

They have decided there are no arrears now......this is how they go on.....

[Givuzagame]

If your challenging charges the courts may adjourn which will give you some time to either challenge charges or make other arrangements. The pre action protocol asks if the case is with ombudsman so complain if un successful get a complaint with the ombudsman.

Now no charges to challenge.

[Rorschach]

This is a common misunderstanding.

Arrears mean missed instalments. They are only relevant during the term of the loan.

Once the term of the loan expires, then the full balance is due. There are no arrears as the issue if missed instalments is no longer relevant as the full balance is due.

You will not win this argument based on the arguments you have put forward. You can challenge the charges but the amount advanced to you will ultimately need to be repaid.