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Any mortgage brokers who's brains I can pick on here?

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  • We dont have the £9k to hand, its a gift from my partners dad which he was going to give if we could have got a mortgage so we dont have the money to pay the lump sum straight off.

    Yes we got a letter with Northampton CC on it but nowhere on it does it say its a CCJ so we had no idea at all - as I said, had we of known we would have just borrowed the money from someone to clear it and we wouldnt be in this situation!

    I dont think it 'entitles' us to one, I was purely enquiring although I kinda knew the answer, thats why I was asking if there was ANY chance at all.

    Our parents dont like to see us being pushed from pillow to post renting and having to move the kids around, especially when my partner works hard and earns good money and we are decent genuine people who just want the best life for the kids and to get them settled.

    I basically know the answer from the posts so I wont bother ringing around any brokers tomorrow, oh well it looks like its renting for another 5years :(
  • Southernman
    Southernman Posts: 605 Forumite
    Tenth Anniversary 500 Posts Combo Breaker
    edited 27 August 2012 at 9:46PM
    it isnt a case of choosing not to pay them, we have 2 children and im not going to pay off the lump sum if its going to put us out of pocket right now and not actually get us anywhere wether its paid or not - its common sense if you have children to look after not because we dont want to pay it off

    I'm struggling to understand the common sense here.

    Edit- gifted deposit. Ok you need to show you're able to save. Renting is completely different to buying a property. You need to have savings for emergencies such as a boiler breaking/plumbing etc. It's not a case of buying a house and all is hunky dory. You can't run to a landlord to fix the issues. If you're struggling to put £300 towards a CCJ and it means you would struggle to feed the children then you have to consider whether you can afford your own property.
    Mortgage 1: May 2012 £90,000 April 2020: £47,000
    Mortgage 2: £270,000😱 Jan 2019 £253,000 April 2020
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Umm I suppose, it isnt all that we can afford we could pay more but at the time we were !!!!ed off that the council had taken it to the courts when they are in the wrong so we wanted to pay the smallest amount possible if you know what I mean - we didnt really have intentions of buying back then.

    As people have said above though, if we have no chance of getting a 95% mortgage with a CCJ then is it worth us putting ourselves out of pocket right now?
    I bet the council would die laughing if they knew how you loused up your chances of a mortgage in the noble cause of getting your own back on them. Seriously, you have only hurt yourselves.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • We are not trying to get our own back on the council?! We are paying a debt thats not ours, so we dispute it and get a CCJ - how is that fair? The council have messed our chances up, not us.

    Maybe your right southernman, in 5years we might be in a different position money wise - doubt we will be able to save much though as rent prices have gone up so much since we last moved but we can try I guess.

    I wasnt asking to be shot down about the situation, it was just a general question from the start!
  • ACG
    ACG Posts: 24,598 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    If it isnt yours go to court and argue it.
    If you win, they wipe your file clear and you might be able to go and get your house. If you lose then youve wasted your time and any potential legal costs.
    If they have overpoaid you, then yes its their mistake but you still have to pay it back.

    Gifted deposits arnt good at 95% ltv as has been said. You need to show your able to save and if you cant then it doesnt look good to a lender...but they may take into account that your monthly payments are going down as reason enough.

    We help loads of people on here each month, these are people who are doing everything they can to put themselves in the best possible position... you dont sound like your doing that and come across possibly a little arrogant which is why your probably not getting the help you thought or were expecting to get.
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • GMS
    GMS Posts: 5,388 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    You were overpaid a benefit. Whilst the initial error may not have been yours it is your responsibility to repay the overpayment. The fact that you received the letter from the court appears to show the correct correspondence address so surely the council would have sent demands for repayment to you and notification of the court date?

    There would have been ample opportunity to rectify prior to a CCJ being put in place surely?
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • opinions4u
    opinions4u Posts: 19,411 Forumite
    We are not trying to get our own back on the council?! We are paying a debt thats not ours, so we dispute it and get a CCJ - how is that fair? The council have messed our chances up, not us.
    The court has issued a judgement. Challenge it. If you don't challenge it, pay what you owe and pay it now. That way you will improve your chances of a mortgage in the future. If you don't you are screwing up your chances even further.

    A mortgage underwriter won't give you any leeway if you spend 4 years clearing a court imposed debt.
    I wasnt asking to be shot down about the situation, it was just a general question from the start!
    And you got pretty clear responses.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    We are not trying to get our own back on the council?! We are paying a debt thats not ours, so we dispute it and get a CCJ - how is that fair? The council have messed our chances up, not us.

    Maybe your right southernman, in 5years we might be in a different position money wise - doubt we will be able to save much though as rent prices have gone up so much since we last moved but we can try I guess.

    I wasnt asking to be shot down about the situation, it was just a general question from the start!
    People are telling you straight how it is. Fine, get in a strop about it. But it is you who is renting. And you will remain renting if you don't have a rethink about how you handle matters.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Im not getting in a strop at all, just very annoyed at the way the council went about it. Its not like we ignored them or didnt have any contact with them, we tried to resolve it a couple of times over the years.

    Ive had a good think about it and as I think it was southerman said if anything went wrong with the house then we wouldnt have the money to fix it etc so we are going to save up and wait until the CCJ has gone in another 5years time - hopefully houses will come down in price too.

    I just think the thought of renting for so long puts a dampner on things and makes you want to own your own place rather than throw money down the drain but what will be will be I guess.
  • Conrad
    Conrad Posts: 33,137 Forumite
    10,000 Posts Combo Breaker
    "its common sense if you have children to look after not because we dont want to pay it off"

    No OP it's mot common sense. The vast majority of people do not have a ccj, as they recognise you have to play the game and ensure anything like this is immediately settled. If we all took a pick n choose arbitary approach to paying debts, the UK would become a basket case where no one could rely on any contractual obligation.

    Living in a civilised ordered nation requires all inhabitants to follow the rules.

    Also you said your partner earns good money, and yet you also say paying this small debt would 'put you out of pocket'.

    The lesson to everyone here is that a contractual debt cannot be argued around, and circumstantial matters such as how the council processed this particular matter are niether here nor there, the contractual responsibility of a debtor cannot be 'gotten around' just becase of poor service. This minds me of when people stop paying thier mobile phone contract because they find the phone to not work. They mistakenly believe they can just walk away from a finance contract.
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