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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 778
Experience:  Solicitor with over 15 years experience.
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Hello, My wife and I hsve been paying off£ 6000 of mortgage

Customer Question

Hello, My wife and I hsve been paying off£ 6000 of mortgage arrears but the bank failed to pay the very last instalment 3 mths ago taking their charges instead. ther debt My mortgage compaThe lenders "preferred Mortgages" via their mabagenent company Acenden refuse to agree to let us carry on paying an extra £100 mth but send letters weekly charging £70 mth.
Problem is they are Still deducting an extra £100 mth and each letter shows the debt diminishing (now £648)down from£848,
My question is, as they are still taking the extra£100mth, as agreed as the resukt if a suspended repossession order do we not still have an arrangement, furthernore, should they not have to request our authority ti continue the direct debit if there is no longer an arrangement.
Can they under these circumstances
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

Hello I am a lawyer of over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Can you help me with these details please: when does the term of your mortgage expire, what is the total amount outstanding on the mortgage, what is the value of the property.when was the Suspended possession order made and what are the terms of the suspension? Am I right in thinking that you have breached the terms of the suspension because of something Are your bank did regarding charges. what reasons do the management company give for refusing to accept £100 per month. Are you in fact still paying £100 per month

JACUSTOMER-tfrn0asz- :

I stated yes we are still paying an Extra £100 mth

JACUSTOMER-tfrn0asz- :

The missed payment would have been the final payment of 62

LondonlawyerJ :

Can you help me with the other details? I can answer the question as asked but might be able to give you a more useful answer if you can give me the other details.

JACUSTOMER-tfrn0asz- :

Yes they are still deducting £100 Extra per month yet refusing to acknowledge the fact whilst showing a reduction of the debt in each letter they send.

JACUSTOMER-tfrn0asz- :

Y

LondonlawyerJ :

Thankyou for that the other information requested would be helpful. I will be away from this site for a few hours but will answer you either his evening or tomorrow morning.

LondonlawyerJ :

The position as I understand it is as follows. A suspended possession order was made against you in the County Court. This was some time ago as the arrears were £6,000 when the order was made and now stand at £648.00. The payments were paid either by direct debit or standing order direct from your bank account. 3 months ago a payment was missed because the bank did not honour the payment preferring instead to impose charges on you which left insufficient money in the account to pay the instalment due to the mortgage company. This led to you breaching the terms of the suspension of the possession order.

You should continue paying the amount due ie: current + £100 per month on the date it is due. This is very important. Ignore any refusals of the lender to accept the money and pay it directly into their account. If your monthly reduction of arrears has lapsed then make good any shortfall immediately. This is very important.

There is a risk that because you have breached the terms of the suspension of the possession order the order is no longer suspended and the lenders could apply for a warrant of execution. Ie: seek to have you evicted. The fact that they are attempting to discourage you from paying any more arrears/ refusing to acknowledge that the terms of suspension are valid causes me great concern about this. I expect that there is considerable equity in the property that you wish to protect and that you want to stay in your home and be able to deal with it as you see fit.

You are in a very precarious position and should seek legal advice form a solicitor face to face. If you were not present at the hearing where the suspension was made perhaps you could apply to set aside the order. There may be other remedies you could seek or perhaps negotiate with the landlord to confirm that they accept that you are still in possession. These are complex and dangerous legal waters and there is a great deal at stake. The quicker you take steps to fix this the better your chances of success. I would strongly suggest you instruct a lawyer in the orthodox manner.

I am sorry to be the bearer of such alarming information but hopefully if you take action quickly you can prevent a disaster occurring. Please rate my service. Thus will not close your question and I will continue to answer further questions. I am sorry for the delay in this answer but I am a working litigation lawyer and yesterday had to work very late on something very urgent.

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