what next!!!

hubbely

ive just recived a court date regarding my mortgage :eek:

it all started when i was a victim of internet fraud . £555 was taken out of my account in nov 2006 . that was thankfully payd back by the the bank and the paper work was sent back imediatley. things were fine . Then mid jan i went to a cash machine and it said that my account was nearly £1000 overdrawn . I contacted the bank and they said that their recovery collection center had taken the money back . ( this happen to be the day all my dd went out to) . I contacted their department and they said that they hadnt recived the paper work back . their told me that they do not contact people to let them know .. . due to this i got charged by the bank for being overdrawn and un payed dd, which included the mortage, these charges are now every month!! i have missed 3 mortgage repayments because of them . I told the bank that i want the charges back nearly amonth ago and today had a letter off them saying it would be another 2 weeks before they can sort any thing out .
thanks for listening ( this site is great for letting off steam)
any ideas!!

beanielou

Just wanted to say Hi & welcome to MSE.
you are in the right place.
Maybe you should vist your local CAB to see if they can assist you about the mortgage arrears.

learntmydebtlesson

Hi there

Soryr to hear that you're having hassles and it's so unfair if money has been fraudently taken from your account. As "beanielou" has advised, I think it would be very beneficial for you to talk to the CAB about this.

Have you spoken to the mortgage co?

hubbely

thanks for the welcome..:beer:

been in touch with the mortgage company today (first time ive had any money for nearly 3 weeks to phone ) tried to reason with them and have the arrears rolled over on to the mortgage to give me time to sort out the money the bank OWE me !! citizenz advice is on the cards . do they have their own solicitors that can come to court with me ? if not i need to find 1 pretty quick . thanks again for the reply

dexters_mum_2

Normally for mortgage possession hearings, there is a duty solicitor on you can go through your case with but ring the court and double check.

I'd write everything down and take it with you to court, it is likely the judge will make an order for you to pay so much off per month, I doube they would seek to repossess your home first and ensure the judge and your solicitor is fully aware of the circumstances surrounding the arrears and your intention of paying them off in a reasonable time.

You could ask to go to an interest only mortgage for a short time, if they refuse, a judge will not see this favourably on their part, also ask if you can capitlise the arrears, again if they refuse, it might add more weight to your agruments.

tomterm8

Can the mortgage company even take you to court while the arrears are in dispute? Counter claim for the back charges:)

Make sure that as part of your reposession hearing the Bank has to give you a list of all costs:)

CAB have a list of soliciters who do a 1/2 hour free consult.

Seek help from them immediatly.

fatbelly

This is now your highest priority, so try to get your arrears below two months, even if it means not paying non-priority debts and services for a bit.

If there are less than two months arrears by the time of the court hearing, the case should be adjourned generally.

If you are more than two months in arrears, the judge will want to be convinced that you can afford the monthly instalment plus something towards the arrears. He/she can then award a suspended possession order, which means that you stay in the property as long as you don't breach the order.

Your money needs to be directed towards the mortgage so don't give any to a solicitor or let your bank eat it in charges. Switch bank if necessary. Don't let the mortgage compnay push you into an agreement you can't afford. A reasonable period for repayment of the arrears is usually viewed as 3 -5 years and can be the entire remaining length of the mortgage (C&G vs Norgan) if necessary.