Legal Assistance with Mortgage Problems

Questioner

Hello, We have a situation with the mortgage provider, they accuse us of not paying the mortgage. And now they have sent a bailiff to us while we have proof of payment. We have sent the statements and we still have to pay back the arrears. On the specification that we have received of the unpaid months, we simply have proof but they do nothing with it.

Lawyer

Dear questioner, If you are so sure about your case, it might be wise to consult a lawyer to see if you can convince the bank; in the case of normal payment arrears without security, I would wait and see, but the bank has far-reaching rights that it can use. I myself am thinking of a registered letter on the grounds of breach of contract that is reflected in contractually negligent conduct both towards the client and administratively in which liability is claimed for the damage resulting therefrom. Following a complaints procedure; this will be of less use to you in the short term.

Lawyer

I have had something similar happen before and asked the judge for a declaration of law that everything was paid. After that, if you are right, the bank can no longer bother you.

Questioner

Can you explain to me what that means and is a declaration of rights???

Lawyer

A declaration of law is a determination of facts by the judge. In this case, the judge determines that you have met your financial obligations over a period specified by us. The bailiff and mortgage provider can no longer ignore this.

Questioner

Thank you for your answer I will definitely get started on this. I will gather all our paperwork and then we will go to the Lawyers Desk.

Lawyer

Good luck!