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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Property dispute: I have had a charge on my property for

Resolved Question:

Hello.
Property dispute:
I have had a charge on my property for approx 7 years(repossession of a flat).
The mortgage company closed the mortgage accountm and subsequently sent me a letter stating "no further interest" in the mortgage.
I have been unwell for yesra, and have been cleared now to work, and I am actively looking for work now.
I want to know whether the previous letter of no further interest means anything to my benefit.
Also, does the confirmation of the closed mortgage account, with a £0 amount outstanding - id that to my benefit?
Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

What would you like to know about this today please?

Customer: replied 1 year ago.
Hello.Property dispute:
I have had a charge on my property for approx 7 years(repossession of a flat).
The mortgage company closed the mortgage accountm and subsequently sent me a letter stating "no further interest" in the mortgage.
I have been unwell for yesra, and have been cleared now towork, and I am actively looking for work now.
I want to know whether the previous letter of no further interest means anything to my benefit.
Also, does the confirmation of the closed mortgage account, with a £0 amount outstanding - id that to my benefit?Thank you.
Expert:  Ash replied 1 year ago.

Yes I read the question. Did you not get the charge removed once you had the letter from the mortgage company?

Customer: replied 1 year ago.
No i did not.
I was pretty ill then, and the question was not followed by me at that time.
Does the closed account mean I can fight this?
Does th eletter of no further interest mean the same?Thanks
Expert:  Ash replied 1 year ago.

I am not sure what you mean - you want the charge removed, is that all?

Customer: replied 1 year ago.
I want the charge removed.
I want to know whether I have a legal basis to do so.
If so, I can start now.
Court date is 21 september, where they ask that the stay be removed and I become liable for immediate payment.
Expert:  Ash replied 1 year ago.

How long has it been since you made the payment on the mortgage?
What is the matter in Court for?

Customer: replied 1 year ago.
2009 the mattre in court "To Lift The Stay And Enter Judgment forthwith For The sum Of £107,074.37"
Expert:  Ash replied 1 year ago.

Do you accept you owe that sum?

Customer: replied 1 year ago.
but only to your ears.
i want to discharg the sum, if I am legally able to.
Hence the question of what the mortgage account closure letter(with a £0 balance)
and a "letter of no further interest" actually mean to me in my situation.
Expert:  Ash replied 1 year ago.

Was that letter before or after Judgment?

Customer: replied 1 year ago.
After Judgment
Expert:  Ash replied 1 year ago.

Ok - in reality this is a problem for you.

They have Judgment, they are entitled to the sums owed and they have a charge on the property.

You can try the letter and say they have no interest. However if that was truly the case they would have removed the charge on the property and sought to discharge the court order.

As they did not do any of these indicates it was an error.

The fact remains sadly they have Judgment and therefore on that basis alone they are entitled to possession.

You could argue that there is a legitimate expectation that as the letter said they have no interest means they have waived their right - but in reality this is not a very strong argument

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Thank you.
I understand.
Since I have a (nearly) 14-year old daughter living with me as a single parent, I can also try to keep the stay for a few years.
We will see...
Do you thinjk it would be to my benefit to get a solicitor?Thanks
Expert:  Ash replied 1 year ago.

Without doubt I would get a Solicitor.

Does that help?

Customer: replied 1 year ago.
great. Thank You very much.
Expert:  Ash replied 1 year ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.

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