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HomerJSimpson

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  1. On what basis is only part of the charge reclaimable? Maybe the FOS would award partial refunds of charges but in my experience if the lender cannot prove the charge is fair and reasonable (which they cannot), then the County Court will award you the full charge plus interest either statutory 8% or at a restitutionary rate.
  2. It seems that this issue is rearing it's ugly head again. "Dave" - "We are all in it together", our unelected leader maybe giving directives for Councils to collect the Poll Tax that was ultimately Maggies downfall. Liverpool City Councill are chasing Poll Tax debts in a bid to balance their books. (Yes I know Liverpool Council are Labour). Liverpool City Council have today told the BBC Radio Merseyide that they can persue unpaid Poll Tax bills because they obtained liabity orders on them all. If you believe that they didn't then you must provide proof that you paid your poll tax. Who has bank statements or receipts from 20 odd years ago? I was dumbstruck listening to the radio programme that the Council are doing this, but I wonder if it is at all legal? Obviously a valid County County Court Judgment is enforcable, but a Magistrates Liability Order that the Council has made no attempt to enforce for donkeys years? It doesn't seem right to me. Anyway I wonder how long before all councils see this as a potential revenue generator and send demands for alleged unpaid poll tax to millions of people. How many people would just pay up? Here's the BBC iplayer linky for the radio broadcast...... http://www.bbc.co.uk/iplayer/console/p00f8q7c 1.01.50 into the programme. HJS
  3. It seems that this issue is rearing it's ugly head again. "Dave" - "We are all in it together", our unelected leader maybe giving directives for Councils to collect the Poll Tax that was ultimately Maggies downfall. Liverpool City Councill are chasing Poll Tax debts in a bid to balance their books. (Yes I know Liverpool Council are Labour). Liverpool City Council have today told the BBC Radio Merseyide that they can persue unpaid Poll Tax bills because they obtained liabity orders on them all. If you believe that they didn't then you must provide proof that you paid your poll tax. Who has bank statements or receipts from 20 odd years ago? I was dumbstruck listening to the radio programme that the Council are doing this, but I wonder if it is at all legal? Obviously a valid County County Court Judgment is enforcable, but a Magistrates Liability Order that the Council has made no attempt to enforce for donkeys years? It doesn't seem right to me. Anyway I wonder how long before all councils see this as a potential revenue generator and send demands for alleged unpaid poll tax to millions of people. How many people would just pay up? Here's the BBC iplayer linky for the radio broadcast...... http://www.bbc.co.uk/iplayer/console/p00f8q7c 1.01.50 into the programme. HJS
  4. It is almost certain that an adjudicator will not give you the decision you want - ie side with the mortgage company. You can appeal to an actual Ombudsman but again this is somewhat dodgy ground. The FOS are at best hopeless, and at worst completely useless, but they do mean very well. Thankfully the Courts are more reliable. As long as you prepare your case properly the issuing of a Court claim should give a good kick. They aren't bothered about you going to the FOS, they know they're hopeless too. But they aren't so keen to go to Court, least not as Defendants. Best of luck and keep the faith. You are in the right unless they can prove otherwise. HJS
  5. Imagine her delight when she received the following letter from Northern Rock........ Dear Mrs Simpson, Thankyou for your complaint about your PPI. I understand you believe we mis-sold you this cover when you applied for an unsecured loan with us. I am sorry you feel you have cause for complaint. In line with our Internal Complaints procedure, I have reviewed your complaint and looked thoroughly at all aspects of your sales file. Included in your file is a copy of your Credit Agreement which forms the basis of the contract you have with us. It is clear, from looking at the Agreement, you signed and accepted the terms and conditions of the loan including PPI. I have also looked at how you applied for your loan when we recommended cover so you could protect your loan if you could not meet the monthly repayments. I am not satisfied that our sale of PPI met all our standards of service, and I agree to uphold your complaint and refund your PPI premiums. You settled the loan before it ran its full term and made your first repayment on xx Nov 200x and the last on xx Nov xx respectively. The refund of premiums and interest is therefore not equal to the monthly premium paid (£54.28) multiplied by the number of months the loan has been in force (25). This is because we apportion more of the premium in the early part of the policy term when we bear more of the risk. We have already given you an insurance rebate of £1,072.61, which was applied to your account on xx Nov 200x, and you are now due a refund of premiums and interest of £2,247.99. In addition we will pay 8% interest calculated from the date you made each payment, totalling £593.00. Please sign and return the enclosed Acceptance Declaration within the next ten days. Blah Blah............. Northern Rock. Uploaded with ImageShack.us Uploaded with ImageShack.us Uploaded with ImageShack.us It seems Northern Rock are really keen to cough up.
  6. When the missus and I got together, we both had a mortgage and a house each. We decided that the missus would sell her house and we would keep mine. After she sold her house we SAR'd Northern Rock to see how much they had ripped her off. Although we found she had indeed been ripped off, we were getting married last September and she wouldn't let me take any action against Northern Rock at that time. However after the wedding and honeymoon etc I dug out the SAR from Northern Rock and wrote them the following letter (on behalf of the missus of course).............. Northern Rock Request001.pdf Mr and Mrs Simpson's place Springfield USA 26th November 2010 Dear Sir/Madam, On reviewing the documents you sent in response to my Data Protection Act SAR I have a number of queries. I apologise for the delay in my review of your documentation and this subsequent request, but I have had my wedding to organise, a time-consuming and expensive occasion. I am now able to give this matter my undivided attention. You have failed to supply me with the underwriting sheets/disbursement sheets for my mortgages and personal loans. I ask you again to supply this information that is part of my SAR request. You have failed to supply me with details of the commissions you received for the procurement of the Payment Protection Insurance policies you sold to me. I ask you again to supply this information that is part of my SAR request. You have failed to supply me with all documentation relating to the discharge of my mortgage at Land Registry and the actual work involved by your staff. I ask you again to supply this information that is part of my SAR request. You have failed to supply me with transcripts of telephone conversations or documents relating to my enquiries about transferring my mortgage to another property. This occurred shortly before the redemption of my mortgage. Please provide these documents and an explanation as to why they were not included in my original request. Loan Account xxxxxxxxxxxxxxxx Your documentation states... “As a responsible lender, we recommend that you seek independent financial advice to arrange payment protection cover for this loan, should this be appropriate for your circumstances.” There does not appear to be any PPI affixed to this loan. Can you please explain further. Loan Account xxxxxxxxxxxxxxxx Your documentation states... “Following a review of your personal circumstances during your unsecured personal loan application we have identified that you have a need for our Loanprotect insurance for the reasons stated below, if due to unforeseen circumstances you are unable to meet your loans repayments. For simple peace of mind that your repayments are being made You are the sole/main income earner You have limited sick pay You have no unemployment cover You have no easily accessible savings Following our recommendation you have selected to protect your loan with Loanprotect Gold.” There was a PPI premium of £2280.80 plus £701.68 interest payable on this policy. Upon redemption I received a rebate of £1072.61 for PPI and £1168.64 for interest on the loan. Unfortunately there is no breakdown of how these calculations were derived, and whether the interest element refers to the loan itself or the interest charged on the PPI. As I do not have access to the systems you use to calculate these figures I would be grateful if you supply the actual documents used to calculate these figures. I also require a detailed and fully audited breakdown of how you arrived at these figures, and confirmation as to whether this PPI was a single premium preloaded at the start of the loan account, or was charged on a monthly basis. It appears to me that the rebate I received is grossly disproportionate to the premium charged. Your staff recommended that my application would be considered much more favourably if I were to take Payment Protection Insurance. Your staff were aware that I was (and still am) employed by the NHS and enjoy the best pay guarantees available, were I unable to work through sickness, accident etc. My chances of unemployment are negligible unless the NHS were to cease caring for the health of the British population. I therefore believe that I was unfairly coerced into taking out Insurance that I did not need, nor would have benefited from in any way. I believe this policy was sold to me for the benefit of your staff and the commissions or bonuses that they would receive for its sale. Mortgage Account Number xxxxxx-xxxxx Your documentation indicates that Payment Protection Insurance was being charged on my mortgage. I am unable to locate the actual documents relating to my mortgage account and the related PPI within your Data Protection Act SAR response. Please confirm as to whether you actually have a signed and dated document relating to this insurance. If you do have such a copy, please forward it to me asap. If you do not, please explain why not. Your staff recommended that my application would be considered much more favourably if I were to take Payment Protection Insurance. Your staff were aware that I was (and still am) employed by the NHS and enjoy the best pay guarantees available, were I unable to work through sickness, accident etc. My chances of unemployment are negligible unless the NHS were to cease caring for the health of the British population. I therefore believe that I was unfairly coerced into taking out Insurance that I did not need, nor would have benefited from in any way. I believe this policy was sold to me for the benefit of your staff and the commissions or bonuses that they would receive for its sale. General concerns regarding Payment Protection Insurance In summary I am severely concerned regarding the sale of the Payment Protection Insurance policies by Northern Rock to myself. I re-confirm that I was at all material times, and continue to be, employed by the NHS. This employment affords me a comprehensive pay and conditions package that covers my salary to be paid for sickness, hospitilisation, accident leave, illness including critical illness cover, and minimal chance of losing my employment. This was made clear at all times to Northern Rock staff, but it was suggested and inferred by said staff that my chances of obtaining my mortgage, and subsequent loans, were greatly increased by adding Payment Protection Insurance policies to my applications. Such policies afforded me no actual benefit as I was already protected by my employment contract with the NHS. Furthermore I am concerned that your staff that mis-sold these policies may not have any formal training or qualifications in the sale of such Insurance policies. Please provide proof that your staff were indeed qualified or authorised by a recognised regulatory body to sell such policies. Please provide to me the proof that these policies were sold in my best interests. Please provide me with full and complete details of the commissions that you received from the sale of these policies. Please demonstrate to me that the discharge of my mortgage actually cost Northern Rock £250 to process. I am aware that there is no charge at Land Registry, and am somewhat confused as to your charge of £250. I shall accept a detailed audited costings analysis that shows your actual costs to be £250. My targets to resolve this matter I would like you to provide all requested documentation and explanations. If you are unable to provide suitable documentation or explanations, then I expect a full refund of.... All Payment Protection Insurance premiums that were not sold correctly. All interest charges Northern Rock applied to said premiums. Discharge of Mortgage fee £250 8% statutory interest that a Court would award me for being deprived of my money, applied to all above charges. I shall expect a reply from yourselves within fourteen days, as an organisation of your size has access to sufficient resources to accommodate such a request. I am well aware of my right to take my complaint to the Financial Ombudsman Service, however my preferred course of redress is the County Courts. Yours Faithfully Mrs Marge Simpson (Nee Bouvier)
  7. Hahaha, you are the funniest poster I have seen for ages. Pepipoo has outed you as a muppet, but you are still here. Do you really think anyone believes you? Muppet... HJS
  8. Counsellor visits should indeed be made via timed appointments. After all it is fair and reasonable to let you know when a counsellor is going to call at your front door. Unfortunately some lenders don't see it that way, instead believing that they must merely inform you of their intention to instruct a counsellor. They can then go ahead and charge you for this visit (the timing of which is unknown to you) even if no contact is made, or perhaps no actual visit takes place at all. My current lender is in receipt of my strict instructions refusing any such visits they may wish to make. The instructions are in a recorded telephone conversation, in writing and via email. They ignore my instructions and continue to threaten me with counsellor visits at £79.90 per visit. They then add these counsellor visit charges to the mortgage balance as arrears, thereby falsifying the actual arrears position. I believe this may be a common practice. On one occasion I was home when a counsellor called. I found a short sharp "p1s5 o$f" sent him packing, but I was still charged for this "visit". On other occassions I have not met with any counsellor but have still been charged regardless. I have a counsellor visit report in my posession that admits I refused counselling, and then appears to value my property with a view to repossession. Again I was charged for their valuation visit (they called it a counsellor visit) and this was added to my account as "arrears". The FSA fined Redstone £630,000 for unfair treatment of customers......... http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml Charging for field counsellor visits in full to some customers who had not been properly informed of the timing of the visit and/or of their right to refuse or cancel the visit; or who should have been charged a reduced rate cancellation fee If it is unfair for Redstone to charge for visits when customers are unaware of the timing of such visits, surely it is unfair for any lender to do this. I currently have two lenders in court, both claims include counsellor visit charges. Both lenders are desperate to pay my claims in full thus avoiding these matters going before a Judge. I believe that speaks volumes about the unlawful nature of the charging for these counsellor visits.
  9. Hi all, I can't get my head round the rules and regulations brought in by the FSA's regulation of mortgages from 31 Oct 2004. Looking around CAG and some other places, it seems that any first charge mortgage taken out before 31 Oct 2004 may have lost many of their consumer rights. That cannot be fair by any stretch of the imagination. If the FSA gained regulatory powers for mortgages on this date, surely that regulatory power is in respect of the mis-selling of a mortgage after their regulatory status was introduced, rather than the administration of a pre-existing mortgage contract that was in force prior to their regulatory status. If a mortgage was in force before the FSA were regulating mortgages, the mortgage was subject to the Mortgage Code conditions that lenders subscribed to. As the Mortgage Code became obselete in 2004 when MCOBS replaced it, surely it is both fair and reasonable to expect that MCOBS would apply to that previous mortgage. Does anybody know one way or the other? HJS
  10. So are they not bound by any of the fairness aspects of the FSA regulations contained in MCOBS? If not then surely they should be. The Mortgage Code is now obsolete, so does it follow that any first charge mortgages incepted prior to 31 October 2004 now have no course of redress? The ConDem coallition are proposing FSA regulation for all second charge mortgages and secured loans. It seems unbelievable that there may be loads of first charge mortgages pre Oct 2004 that have no rights to regulation or restitution. Confused... HJS
  11. Take the **** that are GE Money to court and get all their arrears charges, counsellor visit charges and failed direct debit charges back.8-) It's easy to do and Eversheds (GE's solicitors) are hopeless.
  12. Hi BAE, I haven't had my success yet. GE and Eversheds are now offering me all the money on the claim form and no confidentiality clause. They are still being and refusing to clear up the mess they left on my credit file, so I still haven't accepted their offer. They now want to give mediation a try. I want to see them attempt to reach some common ground in agreeing the unlawfulness of the charges. We'll see. I think Eversheds are a little confused....... HJS
  13. What is one of these then? http://img651.imageshack.us/img651/5409/underwritingsheetsafe.jpg Obviously I took the liberty of removing my personal data. I would be happy to pm you a copy of the original if it would help your case. HJS
  14. I believe that post 23 is seriously mis-advised. S140a and b of the CCA will definately help claimants, as long as these sections of CCA are relevant to the dates of the mortgage. (Are S140a and b of CCA applied retrospectively?), as will MCOBS regulations. Not sure what the date of taking out the mortgage out has to do with anything. Surely the dates the mortgage was in force are more relevant. However UTCCR Regs will still help a claimant as charges are challengeable per Regs 5,6 and 8. Charges may also have been misrepresented, and the penalties aspect of these charges could well still be open to determination.
  15. What guarantee did the OP get with the R519? I'm asking because I bought one from argos with a 3 year Samsung warranty.
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