Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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923 Finchley Road
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  1. #1
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    Default Endowment Mortgage Problem

    I am posting on behalf of a friend who does not have internet access.
    He has had an endowment mortgageicon since 1997 and has recently had a letter from the lender to say that they have calculated that the policy will now not pay off the amount borrowed within the original term of the mortgageicon.
    They go on to ask him to increase the amount he is paying per month to make up the shortfall which he is not able to do and is very unhappy about it .
    Does this sound like he has a valid claim against the lender and has anyone got a template of a letter he can send to them telling them he is not going to increase the amount he will pay per month.


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    Default Re: Endowment Mortgage Problem

    Move to a more appropriate place

    Always happy to help where I can!
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    Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.


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  3. #3
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    Default Re: Endowment Mortgage Problem

    Quote Originally Posted by car2403 View Post
    Move to a more appropriate place

    Thanks for that



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    Default Re: Endowment Mortgage Problem

    Was he sold the endowment policy by the lender or by an Independent Financial Advisor ?

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    Default Re: Endowment Mortgage Problem

    Quote Originally Posted by tbern123 View Post
    Was he sold the endowment policy by the lender or by an Independent Financial Advisor ?
    The lender


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    Default Re: Endowment Mortgage Problem

    Quote Originally Posted by Tricky Dickie View Post
    I am posting on behalf of a friend who does not have internet access.
    He has had an endowment mortgageicon since 1997 and has recently had a letter from the lender to say that they have calculated that the policy will now not pay off the amount borrowed within the original term of the mortgageicon.
    They go on to ask him to increase the amount he is paying per month to make up the shortfall which he is not able to do and is very unhappy about it .
    Does this sound like he has a valid claim against the lender and has anyone got a template of a letter he can send to them telling them he is not going to increase the amount he will pay per month.
    missoldicon endowment claims are now timed out. Ask him to get a settlement figure for his policy, look at paying that in against his mortgage to reduce the capital balance & change to a repayment mortgage assuming the monthly payments are affordable. He would have to take Life Assuranceicon to protect his home as the endowment would have had life assurance built in to the premiums.


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    Default Re: Endowment Mortgage Problem

    Quote Originally Posted by zander View Post
    missoldicon endowment claims are now timed out. Ask him to get a settlement figure for his policy, look at paying that in against his mortgage to reduce the capital balance & change to a repayment mortgageicon assuming the monthly payments are affordable. He would have to take Life Assuranceicon to protect his home as the endowment would have had life assurance built in to the premiums.
    Please can you explain the phrase timed out?
    Also can this agreement not be examined as being an 'Unfair Relationship' inaccordance with the 2008 amendmenticon to the Consumer Credit Act?


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    Default Re: Endowment Mortgage Problem

    Quote Originally Posted by Tricky Dickie View Post
    Please can you explain the phrase timed out?
    Also can this agreement not be examined as being an 'Unfair Relationship' inaccordance with the 2008 amendmenticon to the Consumer Credit Act?

    Can anyone help?


  9. #9
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    Default Re: Endowment Mortgage Problem

    Quote Originally Posted by Tricky Dickie View Post
    Please can you explain the phrase timed out?
    Also can this agreement not be examined as being an 'Unfair Relationship' inaccordance with the 2008 amendmenticon to the Consumer Credit Act?
    Not sure about the unfair relationship scenario but endowment claims are now closed. you can get confirmation of this by visiting the FSA website. Can't remember the exact date though.


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    Default Re: Endowment Mortgage Problem

    Quote Originally Posted by zander View Post
    Not sure about the unfair relationship scenario but endowment claims are now closed. you can get confirmation of this by visiting the FSA website. Can't remember the exact date though.
    From what I have read on the FSA website any attempt by a lender to time bar a claim is dependant upon the borrower having received a notification that the policy is very likely not going to clear the mortgageicon balance.
    In this case the borrower was informed in November 2007 that the policy was going to pay off the full mortgageicon balance.
    The FSA website says complaints can only be time barredicon if the consumer complains more than 3 years after they were first made aware that the policy would fail to meet the target so on that basis there would not be a problem with proceeding with a case.

    http://www.fsa.gov.uk/pubs/other/time_barring.pdf


  11. #11
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    Default Re: Endowment Mortgage Problem

    Quote Originally Posted by Tricky Dickie View Post
    From what I have read on the FSA website any attempt by a lender to time bar a claim is dependant upon the borrower having received a notification that the policy is very likely not going to clear the mortgageicon balance.
    In this case the borrower was informed in November 2007 that the policy was going to pay off the full mortgageicon balance.
    The FSA website says complaints can only be time barredicon if the consumer complains more than 3 years after they were first made aware that the policy would fail to meet the target so on that basis there would not be a problem with proceeding with a case.

    http://www.fsa.gov.uk/pubs/other/time_barring.pdf
    Can anyone please help with this one?


  12. #12
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    Default Re: Endowment Mortgage Problem

    I would call the fosicon to clarify. I'm sure that endowment missellingicon has now been replaced by other claims.



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