re Minute No 1217 - Arrear Cases: Charge for Procedure.

I have given due consideration to the subject of the above minute. It would not appear that any addition to the Regulations is necessary in order to enable the Committee to charge a mortgagor for extra work entailed in dealing with cases of default. The existing Regulation relating to legal and other charges provides that "The Committee of Management may if they deem it advisable charge the depositor with any legal or other charges or expenses which they may incur in connection with the mortgage or completion thereof or the recovery of arrears".

It is therefore plain that it is within the discretion of your Committee to ask me to prepare  a bill of my charges in connection with any particular matter, and to add the amount of those charges to the sum recoverable from the mortgagor.]

The Sub-Committee were informed that the Town Clerk had advised that in connection with two Allotment Mortgages with Mr. Critchlow which are in arrear, it would be in order to obtain possession and sell by private treaty or to take proceedings in the County Court for the recovery of arrears and instalments. It was accordingly -

1218.  RESOLVED:- That the General Committee be recommended to instruct that arrangements be made for the sale of the two allotments undermentioned by private treaty:-

Nos. 35 and 36, St. Andrew's Gardens.

The under-mentioned cases are submitted for the consideration of the Committee with a view to the Town Clerk being instructed to take proceedings for possession.

Non-Corporation Houses

26 Westfield Road, Acocks Green - Berwick

It was necessary to commence proceedings in this case in November last, the arrears and costs being then discharged. The account having again fallen into arrear, the mortgagor was requested to put the same in order but has not done so. The Bank are in receipt of a Notice of Second Mortgage.

49 Brooklands Road, Hall Green - Standley

It is useless trying to get this mortgagor to conform to the conditions of his mortgage and action is necessary.

141 Mansfield Road, Aston - Littler

The mortgagor has only been written to on two occasions but has ignored the Bank's requests to discharge the arrears.

67 Eachelhurst Road, Erdington - Coleman

The mortgagor has previously been threatened with proceedings and did not comply with the Bank's request entirely to discharge the arrears. There is a Second Mortgage and there appears no alternative but for action to be taken.

150 Runcorn Road, Balsall Heath - Reddy

In a letter received on the 2nd December 1932 the mortgagor asked permission to put the account in a more satisfactory state by the end of the year. He has not done so neither has any communication been received.

7 Blounts Road, Erdington - Richardson

This mortgagor, who is a widow, is in receipt of a War pension. Several communications have been forwarded on the question of arrears, which will not be discharged unless action is taken.

100 Orchard Road, Erdington - Dolman

The mortgagor has been written to on several occasions on the question of arrears and no payment has been made since the 31st October last. In this case the Bank are in receipt of a Notice of Second Mortgage.

60 Fern Road, Erdington - Cox

The position with regard to the compliance with the terms of his mortgage has been pointed out to the mortgagor on more than one occasion. The Bank are in receipt of a Notice of Second Mortgage.

27 Blackburn Road, Hall Green - Tovey

The mortgagor has been in the hands of the Town Clerk on two occasions and in a response to a letter from the Bank dated 30th November asking for payment of the arrears (then amounting to £8. 3. -.) a letter was received on the 8th December promising to make a substantial payment. The only sum received was £3 on the 12th December, and there appears no alternative but for action to be taken again in this case.

5 Regent Road, Handsworth - Hammond

The mortgagor has not previously been written to on the question of arrears, and was requested to put the account in order by the 2nd January. A further payment has fallen due in addition to the arrears listed.

45 Maxwell Avenue, Handsworth - Baker

This mortgagor has been a source of trouble with regard to his payments and has previously been threatened with proceedings and also dealt with by the Town Clerk. A further payment became due on the 4th January 1933.

223 Longbridge Lane, Northfield - Rider

Action was suspended in this case, the mortgagor promising to pay an additional £1. per month until the arrears had been discharged. This arrangement is not being adhered to and action is now necessary. The Bank are in receipt of a Notice of Second Mortgage.

28 Newbridge Road, Small Heath - Williams

The mortgagor has been written to on three previous occasions and has been called upon to discharge the arrears. No explanation has been received and there is no alternative but for action to be taken.

84 Brandwood Road, Kings Heath - Taylor

The mortgagor makes no payment whatsoever unless notified by letter. The case should therefore be put down for action, the Bank being in receipt of a Notice of Second Mortgage.

47 Avondale Road, Sparkhill - Roe

This case has given the Bank considerable trouble, there being a tenant in possession. On the 12th November the mortgagor intimated his intention to call at the Bank and discuss his position, but has not done so. Should the arrears not be discharged, a Receiver of the property should be appointed.

250 Station Road, Stechford - Sussams

The mortgagor is described as a tutor and is engaged at Saltley College. No correspondence has previously taken place on the question of arrears, and the mortgagor has been called upon to put the account in order but has not done so.

136 & 138a Albert Road, Aston - Wilson

The mortgagor promised to make a further payment by the end of December but has not done so. The Bank are in receipt of a Notice of Second Mortgage.

67 Bunbury Road, Kings Norton - Tringham

The mortgagor is not residing in the property and apparently there is a tenant in possession. On the 28th December the mortgagor was requested to forward a cheque to clear the arrears but has not done so and there appears no alternative but for a Receiver of the property to be appointed.

2 Brandwood Grove, Kings Heath - Northall

The mortgagor vacated the property in November last and was notified that pending the sale it was essential that he should conform to the conditions of the mortgage. A letter has been received from the mortgagor stating that he is still paying interest under his mortgage and cannot do more. The Bank are in receipt of a Notice of Second Mortgage.

Corporation Houses

25 Winfield Road, Acocks Green - Struth

 This case has given the Bank considerable trouble and the mortgagor was requested to put the account in order by the 4th January but has failed to do so. In addition to the arrears listed a further payment became due on the 4th January, together with the half-year's ground rent.

18 Bramley Road, Acocks Green - Austin

The mortgagor is again in arrear and I am afraid there is no alternative but for action again to be taken. It has been necessary on three previous occasions to commence proceedings, the costs having been paid by the mortgagor.

42 Picton Grove, Billesley - Selman

The mortgagor has not been written to on the question of arrears since February 1931 and has been informed that he must make definite arrangements to clear the arrears. The Bank have been notified that the mortgagor is not residing in the property, and a Receiver of the property should therefore be appointed should the arrears not be discharged.

64 Beauchamp Road, Kings Heath - Whiles

This case is again in arrear and no good purpose will be served in withholding instructions to the Town Clerk. On a previous occasion when the Town Clerk dealt with the arrears, the mortgagor entered into a Second Mortgage with the Birmingham Industrial Loan Co. Ltd.

138 Brentford Road, Kings Heath - Edmunds

Owing to the illness of the mortgagor the Bank agreed, in August last, to accept payment of interest only for the months of September and October. A payment was made on November 14th, but no further payment having been made the wife has been informed that the Bank cannot allow the arrears to increase, and she has been asked to submit proposals for putting the account in order. In the absence of payment or satisfactory proposals, it does not appear desirable to allow the arrears to continue as in addition to the amount listed a further payment falls due on the 11th January together with the half-year's ground rent.

24 Streetly Road, Erdington - Wragg

At the request of the mortgagor the period of the loan was extended from 10 to 20 years. This, however, has not prevented the mortgagor from falling further into arrear, and although the position has been very fully pointed out to him in a letter dated 26th September 1932, the account is still behind. The mortgagor was notified that should the arrears not be cleared by the 2nd January, the case would be submitted to the Committee for instructions.

2 Corbyn Grove, Bordesley Green - Withers

The mortgagor has not given much trouble with regard to his payments but has not complied with the Bank's request to clear the arrears. As a further month's payment becomes due on the 7th instant, also the half-year's ground rent, in addition to the arrears as listed, there appears no alternative but for action to be taken.

31 Dads Lane, Kings Heath - Walton

This property is in the hands of Messrs. Frank Wilde and Glover but so far a purchaser has not been found. The mortgagor states that she has no means other than her savings in the Municipal Bank, the account being in credit in the sum of approximately £80. As no payment has been made since the 25th November there appears no alternative but for action to be taken.

286 Tyburn Road, Birches Green - Day

This account is again in arrear and in view of the Town Clerk having previously dealt with the arrears on two or three occasions, action should again be taken.

191 Belchers Lane, Bordesley Green - Goodby

In response to the Bank's letter asking for the arrears, a letter was received from the mortgagor expressing surprise at the amount, stating that both he and his wife had been suffering from influenza and that he would pay off the arrears at the earliest possible moment. The mortgagor was informed that the Bank could not allows the account to remain over indefinitely but would be prepared to consider proposals with regard to the arrears. The mortgagor has replied that he will endeavour to put the account in order by the 31st March.

9 Jephcott Grove, Alum Rock - Davies

This case is continuously in arrear and if the mortgagor is threatened with action, will no doubt make a substantial payment on account.

43 Bromwall Road, Billesley - Unitt

This is an unsatisfactory case and unless firm action is taken the arrears will not be discharged. The mortgagor has previously been in the hands of the Town Clerk, and is described as an Assistant District Manager to the Pearl Assurance Co. Ltd. In addition to the arrears as listed a further payment of principal and interest, together with the half-year's ground rent, has become due and payable.

9 Ashbrook Road, Kings Heath - Fudge

The mortgagor was notified by the Bank in November last that the account was in arrear. He has made no payment nor submitted any satisfactory proposals for clearing the arrears. The mortgagor is endeavouring to sell the property but in view of no payment having been made since September last there is no alternative but for action to be taken.

7 Tilsley Grove, Erdington - Rawlings

This mortgagor was dealt with by the Town Clerk in October last when the arrears were discharged. No reply has been received to the Bank's letter of the 28th December, and in view of a further payment of principal and interest together with the half-year's ground rent becoming due, in addition to the arrears as listed, action should be taken.