Mortgage arrears - promise to pay

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.

jtk13

Hi ... I am in a similar suituation with regard to legal fees added on to mortgage arrears ... I had cleared my arrears and queried why the balance hadn't gone down ... I was informed that they added on legal fees eventhough I hadn't been to court .. I had received a court date for later in the year but was so happy to clear my arrears and then to be landed with this extra expense.

I have an appointment with mabs coming up so hopefully they will give me advise