MARP and ACC

We got in diff with the mortgage in 2008, bank started proceedings in 2010 never mentioned MARP or anything. had to get the court to order the bank to see us in 2011. Still no MARP. Cant get any help from Social because not in MARP cant afford a solicitor.

Explained that to the Judge this am, their barrister said that because the proceeding started in 2010 that the bank is not held under the MARP update of 2011.

Judge said come back in a week has to see what the story is.

What do i do now....are they correct???

No MARP in 2010. procedures were only introduced in 2011.
The judge must have deferred the case to give you some scope to talk to the Bank.
Have you or your solicitor contacted the Bank/Banks legal team to make some offer of payments?
I.e. If you can go back to Court next week with evidence of an interaction with the Bank and a wiliingness to make some level of payments you are likely to get a deferral pending this offer being addressed.
As the case has now gone legal, any offer will need to be made through the Bank solicitors. It is important that you can show the judge that you are making an effort to pay something to the Bank.

Odd that they nevr introduced you to MARP IN 2011. Did you completely stop payments in 2008?

ya I dont really remember 2008-2010, had a complete mental breakdown and was heavilly medicated.
trying to sort out the mess isnt helping either. truth is im lost at this stage.

I understand. They are not easy to deal with.

My only advice is to pay somthing as 44brendan said. It dosn't matter how tiny it is some small token payment would show the Judge you are doing all you can.

If you don't mind me asking how much in arrears were you before they started legal proceedings?

60k

dmak said:

ya I dont really remember 2008-2010, had a complete mental breakdown and was heavilly medicated.
trying to sort out the mess isnt helping either. truth is im lost at this stage.

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No you're not lost, but you are in a very difficult place. It is not easy to go into court with no solicitor. But it is better that this is sorted.

What is it you want ? Do you want to keep the house, if you cannot afford it would you be better off if the bank repossessed it?

so the registrar didn't take the fact that we hadn't been allowed MARP and just gave possession to the bank with leave to appeal. so I have 10 days from last Monday to get an appeal sorted out.... also bank got a judgement for mortgage against us in 2010 (Ive just found out, although why they needed a judgement whilst having a charge on the house i dont know) got a letter Wednesday saying that the mortgage account had been closed and a "judgement account" had been opened that we would have to pay into.

1: Because we were never in MARP or offered MARP have I grounds for an appeal?

2: How can the Bank expect ownership of the house AND full payment of a Judgement Mortgage.

HELP!!!!!

Sorry I can be of no help but it sounds odd that you were not offered Marp.

Without sounding patronising, have you offered to make an aggrangement with bank?