How do I take my mortgage company back to court

Sappoo21

How do I take my mortgage company back to court as they are adding more charges a £42 adimnistration fee when all the court said i should pay is £850.
Spoke to shelter and they said i could under a N244 but how do i sart this off.
At present i amtrying to get a legal aid case worker that will help me. the ones i get from the law society search say the can't help and some say speak to the fos
or the fsa but i send them things and they don't reply
urgent help greatly appreciated.

dunstonh

Did the court say the bank couldnt add any fees? If they didnt, then the bank, currently, is within its rights to do so.

At present i amtrying to get a legal aid case worker that will help me. the ones i get from the law society search say the can't help and some say speak to the fos
or the fsa but i send them things and they don't reply

The FSA dont deal with consumer complaints and you cannot complain direct to the FOS. You have to complain to the lender first. When they refuse your complaint, you can then go to the FOS.

Mrs_Bumble

Can you be a bit more specific?

I take it there are arrears, you have been to court and a court has issued an order stating how much has been agreed for you to pay each month in order to repay the arrears, is that amount the £850.00?

What is the lender doing, are they adding a monthly fee of £42.00?

Who is the lender?

In order to be able to take it to the Financial Ombudsman you will need to exhaust the lender's complaints procedure, which will be a case of putting a complaint in verbally and I personally would put in writing as well, you then have to wait for them to reply, if you don't like the response then you have to challenge it until they write to you stating that it is the final decision at that point when you are still not happy you can contact FOS.

The FSA won't respond direct.

Sappoo21

the lender is the london mortgage company the £42 is an admin fee but before christmas they were charging an areers fee but i complained to fsa my MP and they stopped doing this but the last 2-3 months they have changed it to an admin fee.
and have had enough so know I am seeing Shelter hoping they will give me the legal help i need. I contacted the court but because i did it direct they would not help is this system useless or antiquated. I have been keeping up with my order.
thanks for any help you can give

Mrs_Bumble

I have said this on another post, I worked in collections for a mainstream lender and any arrears/admin fees that would be applicable if the account was in arrears were not applied once an arrangement was agreed or a court order issued as long as the arrangement/order was maintained. This in my personal opinion is fair.

I can't see any justification in how this lender is treating you if you are maintaining the court order, but your lender is non mainstream and it appear that these are the lenders that are not dealing with arrears affectively or to use the FSA phrase Treating Customers Fairly.

http://www.moneymarketing.co.uk/cgi-bin/item.cgi?id=189663&nl=MM_BN&dep=webops&dte=070709
http://www.mortgagestrategy.co.uk/cgi-bin/item.cgi?id=188737&d=403&h=401&f=402&nl=MS_BN&dep=webops&dte=220609

I personally would write LMC and ask them to justify to me in writing the monthly charges when the court order is being maintained and I would ask them how is this Treating Customers Fairly. Whilst writing I would also ask to register a formal complaint in relation to how you are being treated and ask for their company policy on complaints. Once you have exhausted their complaint route you can then ask the Financial Ombudsman to get involved.

As you have already involved your MP I would probably go that route as well, and them to see if they can get a justification for how you are being treated.

Don't get me wrong I am all for the charges being there if there is no effort being made, no arrangement and no court order in place but on the face of it I don't think you are being treated fairly.

Sappoo21

I spoke to someone at the lmc ealier this week about this and he said the only way i would get this changed was to apply back to the court so that is why I
want to get it sorted there once and for all. To this end i have a meeting with
shelter to hope i can get it referred back by them because i have just about had enough of them.why isn't there just website to get it sent back is there?

Sappoo21

went to a meeting with shelter and there experts to see what to do and i suggested the N244 for but this is normally for people who's house is under immediate threat although as i have now been made redundant and only paid till the end of September so this is the only way I see forward and as when I just applied by letter the only reply I got was that the matter raised unless an application for relief is made in the proper form. so they agreed with that i had nothing to loose except if i loose all the solictors fees but when things are this bad it can't get much worse anyway. any help in this greatly appreciated as I would like to know if this is the only way forward as the fsa route seems to take too long and I am not sure if the have any backbone.

Mrs_Bumble

What are you trying to achieve?

Are you saying that because you are now redundant that you will not be able to maintain the court ordered arrangement?

Have you spoken to the court that issued the judgement?

silvercar

If the court has ruled that you pay £850 a month then that is what you pay.

If the lender takes £42 admin fee out of the £850 a month and applies £802 to your account, then it is acting within the letter of the law.

Incurring court costs will cost you, even if the court ruled the £42 a month out of order, you could still get hit with the court costs.

If you have only been paid til September, you may be better concentrating your energies on finding a new job. If you miss a £850 payment in October the lender can immediately start repossession procedures as you will have breached the court agreed repayment plan. I assume the repossessionhas been suspended, subject to you keeping up with the £850 a month.

Do check that you are getting any benefits you are entitled to. There are a number of schemes designed to help with mortgage interest.

Sappoo21

sorry the court said when I just applied by letter the only reply I got was that they couldn't comment on the the matter raised unless an application for relief is made in the proper form and still not sure the N244 is the way to go about this. thanks both for your comments as to your reply i am concentrating on my job finding have sent out 4 CV's for jobs maybe you can be a litle more poilte in future silvercar otherwise i'll get some of those stars taken away.

Radiantsoul

Sappoo21 wrote: »

sorry the court said when I just applied by letter the only reply I got was that they couldn't comment on the the matter raised unless an application for relief is made in the proper form and still not sure the N244 is the way to go about this. thanks both for your comments as to your reply i am concentrating on my job finding have sent out 4 CV's for jobs maybe you can be a litle more poilte in future silvercar otherwise i'll get some of those stars taken away.

I think silvercar was just telling it as it is. You probably want to keep up the payments and then build a good credit record and remortgage. I assume it is non-mainstream lender.