Can Lenders take you to court for Interest Arrears Charges and other points

cbrecruit1

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Advice and options on what action to take next will be appreciated.:j

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[FONT=&quot]According to the lender I was in arrears of £6000 rising each month even with overpayments being made The mortgages taken out was buy to let interest only of £265,000. When looking at my mortgage statement its seem they charged interest on the arrears of around £1000 each month I had cleared the arrears but however due to the arrears interest charges I became in arrears. Not due to late or no payments. [/FONT]
[FONT=&quot]The whole thing went to court and the Judge saw I was making payment to clear the arrears which stand at £6000 at the time so he awarded me a payment of £150 on top of the mortgage to pay it off. Due to the tenant none payments.

However it has come to my attention (while going through my banks statements) that they omitted a payment of £1200 from the original court papers. This was paid by cheque into their bank account With the correct mortgages references so there was no reason why they could not trace the payment to me. As ref number was on the cheque and was used by the bank to allocate payment. The was no excused for this payment to be omitted.[/FONT]
[FONT=&quot]I have since written to the lender demanding the following:[/FONT]
[FONT=&quot]What is arrears and what is arrears charges?[/FONT]
[FONT=&quot]What are the other charges?[/FONT]
[FONT=&quot]How have you calculated the interest on the arrears charges? [/FONT]
[FONT=&quot]I gave them 14 days to reply, I have since received a phone regarding my letter.(they left a message on my answer phone) Is there anything else I should ask.?[/FONT]
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[FONT=&quot]Question:)[/FONT]
[FONT=&quot]Can Lender take you to court for interest ARREAS charges PAYMENT OR ONLY ARREAS PAYMENTS, Can they be used in a court a arrears or do they need to be separates charges.?

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[FONT=&quot]When can lenders apply interest charges and how are they calculated. [/FONT]
[FONT=&quot]What right do I have challenged my finding as this has already gone court?


Can I challenged them on unfair interest, late payment charges and solicitors charges as it amount to £2000, (I requested a breakdown from the solicitors of their charge most of the information they already had and I feel they charge me for nothing)?

I was told because I never challenge it before (the charges) that I can't challenge it again because it has already gone to court) but in light of the omitted £1200 payment to my account I can challenge this. I asked for this to be put on my December 09 mortgaged and credit account but they said due to the fact that it was in Dec 09 it won’t show on my credit rating account?[/FONT]
[FONT=&quot]Should I go to the FSA regarding this or the courts or both? Where can I get free information on law information of lenders regulations.?[/FONT]
[FONT=&quot]If it wasn’t for the judge that I had I may have lost the property. If anything is not clear let me know and I explain again fully. I know I would need a solicitors for this a some point but I would like to get background knowledge and all the information needed to cut down on legal fees:money:[/FONT]

DVardysShadow

You need to gather evidence from your bank that the money was paid. It is a frightening omission not to get this included in your court case. Probably the way to go is to sue them for the return of your £1200 on the basis that they have not credited it to your account. Or at least to start the recovery wheels in motion, Letter before action etc for going down this path.

cbrecruit1

yes I have got the evidents already and they have since paid it but my poimt iis it was omitted from the court papers thus giviging fails(information) evidents and can the take me to court on interest arreas charges instead of arreas in general and other points I have rised ?