Mortgage company are trying to get possession of my home by the court.

[Fielder]

OK, understand now

 

Hello.

I need to write to mortgage company and try to get the charges taken off my account.

I would really appreciate some help.

 

Should I start a new thread?

[Fielder]

I would love some help with a letter to the mortgage company regarding the charges and the interest on charges.

In the letter I need to ask them where in the t&cs it says that the charges can be charged interest and at what rate.

Also, the arrears and at what interest rate can they be charged at.

And for an accurate breakdown of all three amounts.

*Interest on original mortgage,

*arrears and interest

*charges and interest.

 

Thanks

[unclebulgaria67]

Always best when sending any letter is to keep it simple. Just say that you find the documentation they issue to be lacking in clarity and therefore confusing . Ask for a full breakdown calculation of the amounts shown in the statements covering period x to x , to include full information on these in particular

*Interest on original mortgage,

*arrears and interest

*charges and interest.

 

Also ask for an explanation of the t&c's that relate to any charges and interest applied to the account.

 

The Money Advice people may be able to give some pointers as well.

 

https://www.moneyadviceservice.org.uk/en

[Fielder]

Thankyou, that is nice and clear and simple.

I will check money advice and write letter today.

[Fielder]

I have had a reply from mortgage company and they have not answered my questions.

Just sent a list of mortgage payments due and the ones I have missed.

 

Shall I write again asking for all the information?

[citizenB]

Yes, you need to head your reply "Formal Complaint"

 

Thank them for their reply but point out that they have not answered your questions.

 

Then bullet point those questions that need a proper response.

 

HTH

[Fielder]

Thanks, I will do that

[millabbie]

You can request a copy of your original agreement that will have all terms and conditions and they should provide it i would be unenforcable if they fail to comply as part of the CCA you can request this and you have to enclose £1.00 or a £1.00 postal order -

 

good luck

[Fielder]

My problem is with my mortgage company.

Isn't the Consumer Credit Act for loans?

 

Also, if they fail to send me a copy of the agreement within the twelve days. Are they unable to charge me interest on charges and the arrears?

Edited August 1, 2013 by Fielder

[Fielder]

I have not had the information I requested from the mortgage company on the 19th July.

They sent me a letter after I made the formal complaint saying they would reply soon.

 

But, so far, nothing.

What shall I do now? It has been at least eight weeks since initial letter.

Is it time to contact the FOS?

[Fielder]

"You can request a copy of your original agreement that will have all terms and conditions and they should provide it i would be unenforcable if they fail to comply as part of the CCA you can request this and you have to enclose £1.00 or a £1.00 postal order -"

 

Reading back over the posts in this thread I am not quite sure what millabbie means by the above, any explanations please?

[citizenB]

Fielder, send them a reminder letter - confirm that it has now been 8 weeks since your complaint was sent to them. Advise if you don't hear from them within 7 days from the date of your reminder, you will assume that they have no intention of attempting to resolve and will escalate your complaint to the Ombudsman.

[Fielder]

Thanks for your reply.

I will do that tomorrow.

[Fielder]

Also, when I went to court to suspend the repossession the judge said it would be reviewed in three months time.

The three months is up and I am waiting to hear from them with the date.

 

So the information I need from mortgage company is really important. I would like it before I have to return to the court.

[citizenB]

"You can request a copy of your original agreement that will have all terms and conditions and they should provide it i would be unenforcable if they fail to comply as part of the CCA you can request this and you have to enclose £1.00 or a £1.00 postal order -"

 

Reading back over the posts in this thread I am not quite sure what millabbie means by the above, any explanations please?

 

 

No, I am not sure what millabbie means either.. I cant see a CCA request playing any part in a mortgage contract !!

[citizenB]

Aside from which you are not looking for proof that you entered into a contract with them, only disputing their right to add charges and have asked them to clarify this by pointing to any clause in the terms and conditions that allows them to act in the way they have.

[Fielder]

Yes. The template is not appropriate for me.

 

I thought I was missing something!!

 

Will send letter to mc and wait again!

[Fielder]

I have decided to sell my house, my husband just found out he has cancer. So, we are in a pickle with wages and no help.

 

I have written and asked for the charges to be taken off my mortgage total. I have a suspended re-possession order, the arrears are now just charges and interest that have been added. I have paid any missed payments by overpaying each month.

 

I would like to try and hurry them so, I am thinking if I apply to the court to have the possession order taken off. Mortgage company will have to admit the arrears are made up of charges and so they cannot re-possess for charges.

 

Is this a good idea? And am I right?

Thanks, F

[Fielder]

I have decided to sell my house, my husband just found out he has cancer. So, we are in a pickle with wages and no help.

 

I have written and asked for the charges to be taken off my mortgage total. I have a suspended re-possession order, the arrears are now just charges and interest that have been added. I have paid any missed payments by overpaying each month.

 

I would like to try and hurry them so, I am thinking if I apply to the court to have the possession order taken off. Mortgage company will have to admit the arrears are made up of charges and so they cannot re-possess for charges.

 

Is this a good idea? And am I right?

Thanks, F

 

Hoping to get a response from someone with experience in this.

F

[caro]

Sorry to hear about your husband. News like that put other things into perspective.

 

Arrears are missed payments and you cannot be evicted for charges. Have your overpayments cleared the arrears?

 

Tbh I'm not sure that there's any point to getting the SPO overturned, but it would be worth sending a sar with a view to reclaiming charges or reducing the amount owed when you sell.

[caro]

What happened when you looked at claiming charges in 2013?

[Fielder]

Thanks Caro

I have got a reply to sar. And the over payments have cleared the actual arrears but only if the charges are taken off the total of the arrears.

Does that make sense?

And yes it does put things in perspective. I don't want to sell but with a suspended possession order hanging over me it is very stressful as we can't get any benefits to cover the mortgage.

[Fielder]

Sorry crossed posts.

I didn't ask them to take the charges off.

[caro]

I just want to be clear that the arrears at the time of the SPO have been cleared and payments are up to date. If you have cleared those arrears, have you stopped the overpayments?

 

Have you taken any steps to get the charges removed?

 

Who is the lender?

[caro]

Crossed posts again. So you need to claim charges.