secured creditor kicking me out

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nickelchao

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Post by nickelchao » Thu Dec 13, 2007 11:45 pm
um...would you please explain what FOS and FSC mean?
 
 

mikebdomain

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Post by mikebdomain » Fri Dec 14, 2007 10:49 am
FSA = Financial Service Authority
FOS = Financial Ombudsman service

As there is a residential property concerned you may stand more of a chance with the emergency court hearing allowing you extra time – you could apply to the court today for a hearing tomorrow.

Get the company dealing with your remortgage to write to the court (via fax direct to the court) explaining that they are able to remortgage you based on the information provided, with details outlining the timescales required to complete the transaction.

How much equity do you have in the commercial / residential property?


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mikebdomain

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Post by mikebdomain » Fri Dec 14, 2007 10:55 am
You need to be aware that the mortgage you have is not a regulated mortgage contract as the residential proportion of the property is 40% or less and is therefore not regulated by the FSA

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Specialising in adverse credit.

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see feedback and testimonials at:
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mikebdomain

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Post by mikebdomain » Fri Dec 14, 2007 12:51 pm
You also need to make your IP aware of the situation and request permission to remortgage. The reason for the permission being required is that you will be increasing your indebtedness due to charges and fees associated with the remortgage

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LEYBRIDGE LIMITED
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Directly Authorised Firm FSA No:313790

CeMAP 1,2 & 3 qualified
F.P.C 1,2 & 3 qualified
Financial Planning Certificate
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see feedback and testimonials at:
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Please read our Initial Disclosure Document(IDD):
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Last edited by mikebdomain on Fri Dec 14, 2007 12:52 pm, edited 1 time in total.
LEYBRIDGE LIMITED
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nickelchao

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Post by nickelchao » Fri Dec 14, 2007 12:54 pm
so does the FOS get incole with it?
 
 

mikebdomain

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Post by mikebdomain » Fri Dec 14, 2007 12:58 pm
Not as far as I am aware. Your mortgage offer and product illustration will tell you if the mortgage product you have is covered by FOS

FREE ADVICE IS THE BEST ADVICE

LEYBRIDGE LIMITED
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Specialising in adverse credit.

Directly Authorised Firm FSA No:313790

CeMAP 1,2 & 3 qualified
F.P.C 1,2 & 3 qualified
Financial Planning Certificate
Certificate in Regulated Customer Care
Certificate in Regulated General Insurance
Associate of the Charted Insurance Institute

see feedback and testimonials at:
http://www.leybridge.com/testimonial.php
Check out my blog at:
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Please read our Initial Disclosure Document(IDD):
http://www.leybridge.com/Leybridge-IDD.pdf
LEYBRIDGE LIMITED
Mortgage Broker & Mortgage packager

Directly Authorised Firm FSA No:313790
CeMAP 1,2 & 3 qualified
F.P.C 1,2 & 3 qualified
Financial Planning Certificate
Certificate in Regulated Customer Care
 
 

nickelchao

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Post by nickelchao » Fri Dec 14, 2007 12:59 pm
no, it is not covered
 
 

nickelchao

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Post by nickelchao » Fri Dec 14, 2007 1:01 pm
to apply for a remortgage and to get a court hearing, is that all i can do now?
 
 

mikebdomain

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Post by mikebdomain » Fri Dec 14, 2007 1:22 pm
I would say so - based on the information you have provided so far.

Barclays will not be able to sell the property without a repossession hearing as there is a residential aspect to the property.

If you have are in the process of arranging a remortgage you need to ask the advice of your current broker as to the benefits of pre-empting action by asking for an emergency court hearing.

If you are not speaking to a broker you need to speak to one ASAP. You need to speak to one who deals with sub prime and commercial properties. If you have enough equity in your property you could do a remortgage based on the bricks and mortar value and therefore could use lenders such as commercial first or 5D, obviously what products will be available to you will depend on your personal circumstance, you also need to ensure your broker is proactive and used to dealing with repossession hearings... etc.

You also need to speak to your IP and explain what has happened and ask why the contract of the commercial property was not taken into consideration when the IVA was suggested or proposed and see what they can do to help.


FREE ADVICE IS THE BEST ADVICE

LEYBRIDGE LIMITED
Whole of Market Mortgage Broker & Mortgage packager

Specialising in adverse credit.

Directly Authorised Firm FSA No:313790

CeMAP 1,2 & 3 qualified
F.P.C 1,2 & 3 qualified
Financial Planning Certificate
Certificate in Regulated Customer Care
Certificate in Regulated General Insurance
Associate of the Charted Insurance Institute

see feedback and testimonials at:
http://www.leybridge.com/testimonial.php
Check out my blog at:
http://mikebdomain.blogs.iva.co.uk/
Please read our Initial Disclosure Document(IDD):
http://www.leybridge.com/Leybridge-IDD.pdf
LEYBRIDGE LIMITED
Mortgage Broker & Mortgage packager

Directly Authorised Firm FSA No:313790
CeMAP 1,2 & 3 qualified
F.P.C 1,2 & 3 qualified
Financial Planning Certificate
Certificate in Regulated Customer Care
 
 

nickelchao

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Post by nickelchao » Fri Dec 14, 2007 1:38 pm
I have spoken to the IP before I seek you advice in this forum and thus the remortgage is still in process. I have no idea why the commercial property was not included in the beginning.
 
 

nickelchao

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Post by nickelchao » Fri Dec 14, 2007 1:39 pm
I just speak the court manager but she could not discuss it with me and refer me back to the IP.
 
 

nickelchao

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Post by nickelchao » Fri Dec 14, 2007 1:43 pm
WouldI be able to apply for the emergency hearing before Barclays starts repossession hearing? and how do I find out if they have started?
 
 

mikebdomain

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Post by mikebdomain » Fri Dec 14, 2007 1:52 pm
If Barclay have put it in writing I would seek an emergency court hearing now, if it is all verbal, I would wait until you have something in writing.

When you speak to the court to book the emergency hearing explain that the hearing is to seek a ‘stay of execution’ against a repossession order. You do not need to mention the IVA until you are actually in court to explain to the court that you are making every effort to repay your creditors - You will need the support of your broker to supply the details of the remortgage in writing.


FREE ADVICE IS THE BEST ADVICE

LEYBRIDGE LIMITED
Whole of Market Mortgage Broker & Mortgage packager

Specialising in adverse credit.

Directly Authorised Firm FSA No:313790

CeMAP 1,2 & 3 qualified
F.P.C 1,2 & 3 qualified
Financial Planning Certificate
Certificate in Regulated Customer Care
Certificate in Regulated General Insurance
Associate of the Charted Insurance Institute

see feedback and testimonials at:
http://www.leybridge.com/testimonial.php
Check out my blog at:
http://mikebdomain.blogs.iva.co.uk/
Please read our Initial Disclosure Document(IDD):
http://www.leybridge.com/Leybridge-IDD.pdf
LEYBRIDGE LIMITED
Mortgage Broker & Mortgage packager

Directly Authorised Firm FSA No:313790
CeMAP 1,2 & 3 qualified
F.P.C 1,2 & 3 qualified
Financial Planning Certificate
Certificate in Regulated Customer Care
 
 

nickelchao

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Post by nickelchao » Fri Dec 14, 2007 2:09 pm
Right, ok. Thank you very much for your advice.
 
 

nickelchao

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Post by nickelchao » Thu Dec 20, 2007 6:00 pm
Hi Mike,

Thank you for your support previously. I have just got a reply from the IP agent (who dealt with my remortgage application) who claims the remortgage has to pay back Barclays and IVA. Is that true? Do I have to pay back IVA when I remortgage? The total amount of money is too much and I can hardly to make the repayment every month.

Thank you for all your help,

Nickel
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