home repo case

[andytheplumb]

i had a mortgage with a company fell behind with payments, went to court and had a suspended eviction order placed on my property. i agreed to pay my mortgage with an additional 100 per month. i have kept up the payments now for five months and have had a statement from them saying their charging me 50 a month for arrears and 15 for non payment with direct debit. they say they will put it on my mortgage. would a magistrate have any sympathy for this???

[Eve]

You could maybe challenge the charges but this is a separate civil matter between you and the bank.

Try this...http://www.thisismoney.co.uk/saving-and-bankin g/article.html?in_article_id=407477&in_page_id =7

Not sure if it has been tested in relation to lenders but you could get CAB to have a look at it to fit it to your circumstances if applicable.

Tave you thought about debt counselling services, try independant public ones rather than loan companies in disguise. The Citizen's Advice Bureau may be able to give you some details of where you could go.

[Eve]

Try here for some debt advice...

http://www.cccs.co.uk/

[themas]

When this went to Court (the County Court - nothing to do with magistrates) the suspended possession order would have been on terms. What were those terms and have you complied with them? Was anything said - either in the
Court order or in the lender's papers which the Court had - about charges being made each month?

Do you mean that of your extra �100 only �35 is actually reducing the arrears? If so, this seems unfair but you need to check the terms and conditions of your mortgage (you almost certainly don't have a copy but the lender should send you one as they will have the deeds and the mortgage document will be with them) to see whether this is allowed.

So far as the �15 for non payment by direct debit is concerned, I assume this is because you are not paying any of the mortgage by dd. It is quite common these days for extra costs to be imposed in this situation, but it depends on what the mortgage document contains. Is there no way you could set up a dd?

You could use the lender's formal complaints procedure and then go to the Financial Ombudsman if necessary, but its best to get all the facts together first.