Letter to Mortgage Company

[Lawrence]

I have given you good advice and shown you that the courts and their bailiffs are beatable using the processes I have described - all we need to do is get the plods back under their oath of office. That is what you need to be working on after studying the processes I mentioned. If you don't like commercial processes then study trusts as there is supposed to be remedy in them, but I am no expert in trust technologies.

The advice may be good but is missing a bit of detail in order to move forward. I need a UK process developed by someone who has gone down this path before.

My situation is that I have a buy to let property, which I have been renting out as a holiday let for over 5 years now. I used to be able to fund the UK mortgage out of my earnings during the winter months and the property paid for itself during the main holiday letting period. I am no longer earning, so have fallen 12 months into arrears (over the past 2.5 years). The mortgage deal has expired and the mortgage has gone on the SVR (standard variable rate). Because of the arrears the mortgage company has decided to raise my mortgage payments by 30% to clear the arrears. Obviously I can't pay this so have complained formally to the mortgage company and also the Financial Ombudsman, who is looking into the matter on my behalf. I don't hold out much hope from the Ombudsman, so want to start developing a different approach to enable me to keep the property.

[joshincommerce]

The advice may be good but is missing a bit of detail in order to move forward. I need a UK process developed by someone who has gone down this path before.

What do you think I have been doing? How many people do you think have done this process in the UK? You need to understand that this stuff is very very new to the UK and it's far harder here to do than in the USA. I know of only a handful of people who have done this stuff other than myself and I know of only one who has had success in Private Chambers and he was gagged 'cos he's shared nothing since.

The detail you will have to study for yourself, as no one can do this for you - you are the silver bullet, not the processes. I have done all my processes without going to court, you may want to go to court, but I would never advise anyone to do that.

[robfreeman]

Iagree josh.

[Lawrence]

Iagree josh.

[Lawrence]

The advice may be good but is missing a bit of detail in order to move forward. I need a UK process developed by someone who has gone down this path before.

What do you think I have been doing? How many people do you think have done this process in the UK? You need to understand that this stuff is very very new to the UK and it's far harder here to do than in the USA. I know of only a handful of people who have done this stuff other than myself and I know of only one who has had success in Private Chambers and he was gagged 'cos he's shared nothing since.

The detail you will have to study for yourself, as no one can do this for you - you are the silver bullet, not the processes. I have done all my processes without going to court, you may want to go to court, but I would never advise anyone to do that.

Josh, I thought you said that you had been evicted, does that now normally require a courts involement?

[joshincommerce]

If you remember, having read my earlier posts, you will know that my supporters and I defeated the court and their bailiffs. I was evicted solely because police constables acted criminally and treasonously by operating outside their oath of office. I did not attend court at any time in the process. The court were only involved because the alleged lender involved the court and attacked me unlawfully via the court, I did not involve the court at all.

[mansaclaire]

Hello,
Just joined the site. I would like to send a letter to my mortgage company TMB and in looking at the first letter it has the wording listed below.

"I would be happy to settle any financial obligation I might lawfully owe, as soon as I have received the following documentation from you:"

My concern is that if they supply the information requested I am not in a position to settle the mortgage arrears etc.

Also, I am not clear as to what "accounting" really means, is there a definition of this in case the mortgage company queries this?

Regards,
Lawrence

Hi Lawrence

Read your posted and I actually asked my partner if he'd written it ! We also have TMB mortgage for the past 5 years and use the property as a holiday let, they have also change the product and increased rates (actually doubled them from 1000 a month to 2200!) they are saying the products come off its current rate on is now on their SVR, which incidently is so high as they are no longer taing on new business. They cant and wont offer any other products and its impossible to change - despite the fact that they are part of the biggest banking group (HBOS) in the UK! We have stopped payng any payments now for 3 months and We have asked for our orginal, /....signed/.... mortgage offer/contract where we have agreed they could increase the rate like this - as yet we have had nothing. We are currently going to send letters asking them to prove where they got the money from, long story but we are going down the promisary note route , when we signed the offer this gave them authority to create money using my signature, they never actaully receive the funds -t herefore they are comitting fraud, i am happy to send you the links or the info we have. ONly last thing we are checking is we are in Scotland so need to make sure that there are no quirks here we are not aware of. Ill keep you updated and feel free to PM us with any questions. Really disgraceful what they are doing...

[Lawrence]

Hello,
Just joined the site. I would like to send a letter to my mortgage company TMB and in looking at the first letter it has the wording listed below.

"I would be happy to settle any financial obligation I might lawfully owe, as soon as I have received the following documentation from you:"

My concern is that if they supply the information requested I am not in a position to settle the mortgage arrears etc.

Also, I am not clear as to what "accounting" really means, is there a definition of this in case the mortgage company queries this?

Regards,
Lawrence

Hi Lawrence

Read your posted and I actually asked my partner if he'd written it ! We also have TMB mortgage for the past 5 years and use the property as a holiday let, they have also change the product and increased rates (actually doubled them from 1000 a month to 2200!) they are saying the products come off its current rate on is now on their SVR, which incidently is so high as they are no longer taing on new business. They cant and wont offer any other products and its impossible to change - despite the fact that they are part of the biggest banking group (HBOS) in the UK! We have stopped payng any payments now for 3 months and We have asked for our orginal, /....signed/.... mortgage offer/contract where we have agreed they could increase the rate like this - as yet we have had nothing. We are currently going to send letters asking them to prove where they got the money from, long story but we are going down the promisary note route , when we signed the offer this gave them authority to create money using my signature, they never actaully receive the funds -t herefore they are comitting fraud, i am happy to send you the links or the info we have. ONly last thing we are checking is we are in Scotland so need to make sure that there are no quirks here we are not aware of. Ill keep you updated and feel free to PM us with any questions. Really disgraceful what they are doing...

Hi Thanks for responding, looks like we have the same problem with TMB. I would be pleased to receive information on what you have done as I don't seem to be getting anywhere. Currently TMB sent a "field agent" to see me, but he keeps showing up without being invited (I haven't actually met him yet). He stuffed a letter through my postbox once and showed up at the holiday let once, but seems to avoid calling me to set up an appointment.

Please send me links. I am not famalar enough with this site to know if you can send private messages or not?

Lawrence

[Lawrence]

I spoke to TMB's Field Agent yesterday and he said that TMB has decided that they don't want a report yet, so not sure if TMB are planning something else or they are just waiting for the Financial Ombudsman' s report before taking the next step.

Lawrence

[Lawrence]

I received a call yesterday from the UK Financial Ombudsman regard my complaint about TMB and their approach to collecting arrears. It seems that the Ombudsman has asked for and received from TMB the record of my payments. The call was just to clarify my position and to apologise for taking 3 months to act. I asked if they thought that TMB was the actual owners of the mortgage and they thought so. However, I doubt this as TMB would naturally be able to produce a list of my payments, but to prove if TMB actually owns the mortgage one needs to dig deeper. I didn't get the impression that the Omsbudman person that I spoke really knew what I was talking about (not even sure if I know myself).

Reading between the lines, I would expect that the Ombudsman will agree with TMB to some degree and will slap them on the wrist for their lack of customer service. I am, however, entitled to appeal should I not agree with their assessment. The issue about who actually owns the mortgage still exists and I will persue this now and maybe introduce later or if the Ombudsman decision goes against me.

Lawrence