NRAM "demanding" Income and Expenditure. Help needed please

DancingDolly

Can anyone help me with this please. I consult these forums regularly and always find them of great help. A good friend has come to me knowing that I rave about this site! Has asked for advice.
He has a Buy to Let mortgage with NRAM. Cut a long story short, they took him to Court last year based on a fraudulent Income and Expenditure asking for an Eviction Order. Fraudulent because it was non existent! Should never of even got to Court, right?! Made an offer which Judge upheld and all was fine. This was up until January of this year when the monthly mortgage payment was £45 short because of a Gas Safety Check. (Letting agent deducted from rental income) The payment was still over the monthly mortgage payment. But, because NRAM now say that he broke the arrangement they need to put another one in place and they "have" to have an I&E. The full agreed monthly amount has been paid every month since this one shortfall and he assures me he has made many many offers to put an agreement in place for the original agreed amount. Now I'm not a big fan of the Bankters, and neither is my friend. We have been told that he is NOT legally obliged to submit an I&E which NRAM have acknowledged to be correct, but they have said as part of their process he has to complete one. Now, he's received a letter saying that NRAM has instructed a firm of agents acting on their behalf to visit both rental property and his property to discuss his financial circumstances. If he meets them, no charge, if he doesn't agree to meet them they charge £103.50 to be debited the loan balance!!
Now, giving the current state of the Banking Industry and what they've all been up to in recent times he doesn't want to just be subservient to their demands and wants to fight back. Question is, can anyone advise what law we can quote/cite in his next letter to them in order to squash their bullying tactics and tell them once and for all that an I&E is legally not required in order to put a payment agreement in place. Monthly payments are being made on time every month since, for the full original agreed amount that the Judge put in place.
Would be grateful of any advice or links. Thanks in advance.

silvercar

He has a Buy to Let mortgage with NRAM. Cut a long story short, they took him to Court last year based on a fraudulent Income and Expenditure asking for an Eviction Order.

They went to court to get possession? and I assume agreed a suspended repossession order? This means that should he breach the agreed payments again then they can quickly repossess.

I don't really see why they would need an I&E for court, more likely they want it to satisfy themselves that he can afford the mortgage and agree an affordable repayment schedule.

Does he still have mortgage arrears?

Really a BTL landlord who can't pay the mortgage because of a £45 bill is a worrying sign.

You need to distinguish between an eviction order and a repossession. If it is a BTL a repossession would mean the lender takes over as landlord of the property. The tenants are protected because BTL implies that the lender consented to the tenants being there.

Yorkie1

OP has many more responses on the duplicate thread in the Mortgages forum.

Suggest all further responses are made there.

https://forums.moneysavingexpert.com/discussion/4553027

OP, please don't start duplicate threads. It means that posters have to cross-reference and there is a risk of either conflicting or unnecessarily duplicated comments.