Mortgage arrears - promise to pay

sameoldsameold

Dev84 wrote: »

Each time ptsb came back and said they couldnt offer an alternative payment option as the monthly payments were affordable.

we appleaded this, with the help of MABS, we have now no arrears, they offered us a ara.

Really Interested

dubrov wrote: »

I know orders have been granted but generally they are for properties where there has been no engagement from the borrower at all.

Have you seen many orders granted in situations where the borrower engages, pays nothing for a year and starts paying about 1/2 months before the case is in court?

I was answering a statement that orders are not granted where no payments for years.

Of course judges do not like to order possession unless they have no other option.

To answer your question I have seen judges order possession even in cases of payments been made but such cases are where the amount owed is very large and payments are very small.

Dev84

sameoldsameold wrote: »

Please contact MABS, you will have access to professional and legal advice for free, the last thing you need to is another legal bill. On the first communication with the bank, we had misinterpreted the information although it clearly said, they were issuing legal proceedings and that we must sell your home. The MABS representative told us the first court date is always adjourned. Please as one who has lived this, there is a way.......

MABS 0761 07 2000

Thanks very much. Filing out my sfs in branch the girl said i didnt need to go to mabs as it hadnt reached court. Obviousy it has now.

Hopefully it'll be clearer Monday and it may be a mistake. Not holding my breath though.

Really Interested

Dev84 wrote: »

Thanks very much. Filing out my sfs in branch the girl said i didnt need to go to mabs as it hadnt reached court. Obviousy it has now.

Hopefully it'll be clearer Monday and it may be a mistake. Not holding my breath though.

Never never never take such advice from the bank or their solicitor. Also if the solicitor says it will be struck out in March make sure you turn up anyway to make sure the matter is struck out.

Dev84

Really Interested wrote: »

Never never never take such advice from the bank or their solicitor. Also if the solicitor says it will be struck out in March make sure you turn up anyway to make sure the matter is struck out.

I will defo be there.it says on the letter from the solicitor that the first court date in march will be adjourned.

I will be going and putting my case forward.

Really Interested

Dev84 wrote: »

I will defo be there.it says on the letter from the solicitor that the first court date in march will be adjourned.

I will be going and putting my case forward.

So the letter says the matter will be adjourned?

When will your arrears be cleared?

sameoldsameold

we had engaged with the bank, they assured us it would be ok as long as we paid something and engaged. We retrained and qualified in new positions, that we were in a position to pay the full mortgage and more. Then the bank said, actually "computer says no", we applied for ara, we were turned down for the exact same reasons as you state. We contacted MABS, they said that there was a misunderstanding of the refusal, appealed it, paid new amount for agreed term, then new ara was granted (just a couple of weeks ago). I cannot stress enough to go to MABS, it may not be as bad as you think and they will represent you, act as a point of contact. As I said previously, our debt was a lot more than yours is. We were not sleeping, we were pretending to the world everything was ok when it wasn't, the pressure was awful..............but we are here, out the other side...........please please please try not to worry too much contact MABS.

Dev84

Really Interested wrote: »

So the letter says the matter will be adjourned?

When will your arrears be cleared?

April 2019 they will be fully clear with the current agreenment with the bank. I can see that on my online mortgage account as its clearly displayed.
My son recieves a domiciliary care allownce as he is severely disabled. We will start putting this towards the 500 over payment which will bring it to 810 a month that we will be paying off the arrears as well as the 900 toward the regular mortgage payment. So we will be paying 1700 per month.
My wife is also in receipt of carers allowance. We will pay 100 per week from this also.

Sorry for being so long winded.

All in all by March the arrears will be down to 4370.
Keep paying it that way and will be cleared by june. We will recieve a respite care grant in june of 1750. We will use this to clear the balance.

I know it sounds like we have loads of money from that but without receiving money for my disabled son we would be broke.

We havent always received that money. I am on a low enough income obviously for my wife to qualify for a carers payments.
Its my childrens home so i will literaly go without shoes on my feet to ensure we stay in it.

Really Interested

Dev84 wrote: »

April 2019 they will be fully clear with the current agreenment with the bank. I can see that on my online mortgage account as its clearly displayed.
My son recieves a domiciliary care allownce as he is severely disabled. We will start putting this towards the 500 over payment which will bring it to 810 a month that we will be paying off the arrears as well as the 900 toward the regular mortgage payment. So we will be paying 1700 per month.
My wife is also in receipt of carers allowance. We will pay 100 per week from this also.

Sorry for being so long winded.

All in all by March the arrears will be down to 4370.
Keep paying it that way and will be cleared by june. We will recieve a respite care grant in june of 1750. We will use this to clear the balance.

I know it sounds like we have loads of money from that but without receiving money for my disabled son we would be broke.

We havent always received that money. I am on a low enough income obviously for my wife to qualify for a carers payments.
Its my childrens home so i will literaly go without shoes on my feet to ensure we stay in it.

Go to MABS. My own guess the proceedings will be adjourned each time to make sure you keep on top of payments.

If I was a betting person I would say there is little chance a court would order possession as long as you keep paying arrears.

Bigus

It looks like you started overpaying just at the right time , and are therefore in a very safe position and sleep well over the weekend.
Simply a miss communication with the legal department as you are effectively 100% compliant with the banks request.

jimmycrackcorm

Dev84 wrote: »

We will start putting this towards the 500 over payment which will bring it to 810 a month that we will be paying off the arrears as well as the 900 toward the regular mortgage payment. So we will be paying 1700 per month.

As others have advised, talk to MABS before you do this as it might be better spent on your son.

Perhaps it is an option but again I can't see a judge ordering you to use it to pay back the arrears any quicker.

April 73

I just want to wish you good luck Dev84.
It does sound like a process was being followed in the bank in error as you have made an agreement with them. I just can't see the logic of making a repossession order in March over €4K arrears when you are overpaying by €500 a month.
Keep engaging with the bank, go to MABS as hearing their advice will be useful to reduce your anxiety, and having them in your corner can only help - and good luck.

padd b1975

Bigus wrote: »

It looks like you started overpaying just at the right time , and are therefore in a very safe position and sleep well over the weekend.
Simply a miss communication with the legal department as you are effectively 100% compliant with the banks request.

This.

If it does make it to court, I would guess the bank's legal team will be sent on their way with a flea in their ears by the judge for wasting the court's time.

Dev84

Hi folks
Just an update.

Rang the banks legal dept first thing this morning. I was assured that once I am meeting the promise to pay repayments they will direct their solicitor to seek an indefinite adjournament in March. The girl said that she will issue this to me in writing during the week. I asked what this meant and she said that once the repayments are being met there wont be another court date.

Piece of mind thank god but I was firm about having it in writing and the same letter be sent to their solicitor.

I will still contacting mabs tuesday morning.

Thanks for all of the advice and encouragement.

spaceHopper

Dev84 wrote: »

I will still contacting mabs tuesday morning.

Thanks for all of the advice and encouragement.

Good luck with everything, but careful, see what mabs say the banks don't have your best interest are heart and will stick the knife in.

It might be a good idea to write to who ever you finalized the overpayment schedule with, express your surprise and disappointment to receive their letter, you understood that you both and entered into an agreement and that you have kept your side of it. You are not happy with an indefinite adjournment and request that they withdraw the legal action in full. Copy their solicitor on the letter.

Bigus

Dev84 wrote: »

Hi folks
Just an update.

Rang the banks legal dept first thing this morning. I was assured that once I am meeting the promise to pay repayments they will direct their solicitor to seek an indefinite adjournament in March. The girl said that she will issue this to me in writing during the week. I asked what this meant and she said that once the repayments are being met there wont be another court date.

Piece of mind thank god but I was firm about having it in writing and the same letter be sent to their solicitor.

I will still contacting mabs tuesday morning.

Thanks for all of the advice and encouragement.

I'd be making an appearance in court representing myself without the cost of a solicitor ,
explain that you're fully compliant with the banks requests and ask for the matter to be struck out . Bring written proof of your agreement.

The reason you want the case STRUCK OUT, is you don't want the bank short circuiting the legal timeline if you run into difficulties in future. The bank can't punish you for standing up for yourself in court .
You may have to submit a minor form to the court in the meantime notifying that you are defending said action.
Good luck

Heres Johnny

Not qualified to speak legally but when I was an advisor (Not with a bank but in financial services) one of my clients got themselves in a bit of bother with the bank, very similar to you. I helped them as best I could.
They came to an arrangement and all parties were happy but they still received solicitors letters looking for full debt to be repaid every few months which causes distress. The bank explained it was a requirement to keep serving notice to repossess but action would not be taken if agreement was stuck to. A short while after an agreement to capitalise arrears was reached. Never received a letter after that.
I believe you have nothing to worry about except just keep making payments and moving in right direction with the debt.

Dev84

The bank have agreed that when the arrears are paid they will instruct solicitor to strike out the legal action.

They have also said that in March the case will be adjourned and there will be no need for me to appear. Not sure about this though.

Bigus

Dev84 wrote: »

The bank have agreed that when the arrears are paid they will instruct solicitor to strike out the legal action.

They have also said that in March the case will be adjourned and there will be no need for me to appear. Not sure about this though.

Get that in writing, if you're not making an appearance.

Dev84

Bigus wrote: »

Get that in writing, if you're not making an appearance.

Thanks. I fully intend on being there though. They are issuing it in writing via the solicitor.

gordongekko

Hold on a second you have protections under the ccma. Ask the bank for a full written statement on the matter and then raise a complaint with the fso.

A lender may only start repossession proceedings once you have been made not cooperation borrower. Have they done this?

Avatar MIA

Dev84 wrote: »

April 2019 they will be fully clear with the current agreenment with the bank. I can see that on my online mortgage account as its clearly displayed.
My son recieves a domiciliary care allownce as he is severely disabled. We will start putting this towards the 500 over payment which will bring it to 810 a month that we will be paying off the arrears as well as the 900 toward the regular mortgage payment. So we will be paying 1700 per month.
My wife is also in receipt of carers allowance. We will pay 100 per week from this also.

Sorry for being so long winded.

All in all by March the arrears will be down to 4370.
Keep paying it that way and will be cleared by june. We will recieve a respite care grant in june of 1750. We will use this to clear the balance.

I know it sounds like we have loads of money from that but without receiving money for my disabled son we would be broke.

We havent always received that money. I am on a low enough income obviously for my wife to qualify for a carers payments.
Its my childrens home so i will literaly go without shoes on my feet to ensure we stay in it.

PLEASE do not over stretch yourself. You will still be in arrears, and a few K off the balance is unlikely to make a difference, but straining yourself by putting every euro into repayment could be even more stressful.

Keep to the current arrangement you've got and you'll be fine.

As has been said above, people have got into way worse positions than you and did not lose their home.

Don't panic. Good luck.

Dev84

gordongekko wrote: »

Hold on a second you have protections under the ccma. Ask the bank for a full written statement on the matter and then raise a complaint with the fso.

A lender may only start repossession proceedings once you have been made not cooperation borrower. Have they done this?

I have filled out 2 standard financial statememts this year. They both showed the mortgage was affordable, which i never argued against. Haven't missed a payment in 12 months.

They said that because the mortgage was affordable they couldnt offer me any different repayment options. I presume this is why they have gone down this route.

gordongekko

Dev84 wrote: »

I have filled out 2 standard financial statememts this year. They both showed the mortgage was affordable, which i never argued against. Haven't missed a payment in 12 months.

They said that because the mortgage was affordable they couldnt offer me any different repayment options. I presume this is why they have gone down this route.

But they would write to you and make you non cooperating borrower. At that stage you can appeal to the bank. Did this happen?

Dev84

gordongekko wrote: »

But they would write to you and make you non cooperating borrower. At that stage you can appeal to the bank. Did this happen?

I cant recall being classified as non cooperating.

Im happy enough though paying off the arrears and havig the case struck out.

gordongekko

Dev84 wrote: »

I cant recall being classified as non cooperating.

Im happy enough though paying off the arrears and havig the case struck out.

You shouldnt have to go to court. Once you get the letter from the provider raise a complaint with the FSO, That'll deal with the issue before it gets to court.

Dev84

gordongekko wrote: »

You shouldnt have to go to court. Once you get the letter from the provider raise a complaint with the FSO, That'll deal with the issue before it gets to court.

I'll be in touch with them and the solicitors later re this. Im obviously cooperating and have been.

Not a lot of arrears at the end of the day. No missed payments in a year or so. Still a bit annoyed that it has gone this far and their legal fees have been applied to the arrears already.

gordongekko

Dev84 wrote: »

I'll be in touch with them and the solicitors later re this. Im obviously cooperating and have been.

Not a lot of arrears at the end of the day. No missed payments in a year or so. Still a bit annoyed that it has gone this far and their legal fees have been applied to the arrears already.

The banks solicitors are not acting on your behalf. You need to protect yourself.

Once you get the letter complain to the fso and ask them to ask the bank to halt proceedings. The bank may not agree to this but it's worth a shot.

jimmycrackcorm

gordongekko wrote:

Once you get the letter complain to the fso and ask them to ask the bank to halt proceedings. The bank may not agree to this but it's worth a shot.

Also ask the FSO to get the back to remove the legal fees on the basis that they shouldn't be charging them when you entered an agreement and have being sticking to it.

They have had no basis to add on legal action. It's basically an illegal penalty fee.

gordongekko

jimmycrackcorm wrote: »

Also ask the FSO to get the back to remove the legal fees on the basis that they shouldn't be charging them when you entered an agreement and have being sticking to it.

They have had no basis to add on legal action. It's basically an illegal penalty fee.

As per the ccma that charge only becomes payable once the property is repossessed. As this hasn't happened their would be no charge at this stage.