Ok thanks again Martin2006.

I have scanned all details and forwarded to FOS including relevant complaint form. I have been allocated a complaint reference.

Now in the process of advising Skye via letter.

Will keep forum up-dated for anyone else who is experiencing same with this company.

You shouldnt need to inform skye, FOS will do that and request their side of things and supporting info

Cheers martin2006

It was only what FOS said and told me to keep in contact with Skye regarding the litigation.

Ok well if FOS advised to then i cant see any harm in a letter confirming as such

Complaint still with FOS who are awaiting full details from Skye.

I have now been advised that there will be no litigation at moment.

Skye have acknowledged FOS involvement.

After further investigation there seems to be a discrepancy with the original disputed amount transferred from Blackhorse to Skye that cannot be explained.

The opening arrears balance advised by Skye has increased from what BH advised yet no breakdown provided.

I will keep forum posted of any developments.

My most recent experience with FOS has taken since july and onky now being resolved, it is a slow process due to the volume of cases they have.

second thoughts, maybe no limit, the 25k re being business. unless that was applicable at the time?

maybe re something else, check this partic re p3 'fsa regulated mortgages', second charge being regulated.

http://www.fieldfisher.com/media/1762852/Lending-to-individuals-203384921.PDF

I just done a re-cap on the attached link pending a separate complaint with BH .

Am I reading correct that loans for £25,000 plus secured by a second charge on property will be regulated by the CCA?

My most recent experience with FOS has taken since july and onky now being resolved, it is a slow process due to the volume of cases they have.

Ok thanks martin2006.

Today received final response from Skye Loans Limited in which I have now sent to FOS.

Still not fully addressed and I just hope the FOS Investigator (changed from Adjudicator?) will highlight this in their findings.

Skye still cannot provide any breakdown for the opening disputed arrears balance.

They have now elaborated further regarding the telephone conversation since FOS involvement but will not provide written transcript or recording.

Can anyone comment on my previous post # 108 thanks

I just done a re-cap on the attached link pending a separate complaint with BH .

 

Am I reading correct that loans for £25,000 plus secured by a second charge on property will be regulated by the CCA?

seems alot depends on the particular circs (its been awhile since that post . is it a separate matter from this thread. if so, start a new thread on it for poss more specific further input on it.

Thanks Ford.

No it is all part of this thread hence my further question.

But perhaps I should post the question under a new thread but not sure where to post it correctly?

Original unregulated secured loan sold on / transferred to another company.

Previously had a dispute with arrears amount in which never fully explained.

Arrears amount transferred to new company totally different amount.

Disputed again with new company but eventually responded saying it was previous companies issue and not there's.

Account in dispute yet arrears management fees being charged even though they cannot prove it.

Can they still do this ?

Is there any part of the FCA handbook that states the above regarding loans in arrears ?

Thanks for looking.

Well 6 months have passed since my last post and in which complaint was investigated (not adjudicated as previous complaints) and referred to the Ombudsman, who submitted their decision last week.

All seems to have been a complete waste of time apart from having all default fees reimbursed and litigation threat dropped if we stick to arrears repayment plan.

Regarding the disputed arrears amount, Skye could not provide any evidence of the said amount apart from an opening arrears balance. They also refused to investigate further as we had previously made an arrears complaint over 6 months ago in which the amount formed part of the latest disputed figure. Investigator / Ombudsman agreed and therefore would not entertain it, even though figure has increased.

Skye / Blackhorse could not provide terms of the agreement details mentioned overleaf on the Credit Agreement.

After further investigation I found the complete original in which clearly stated that any early Settlement of loan / mortgage a rebate of interest will be deducted in accordance with the Rebate on Early Settlement regulations 1983.

Skye refused the above as they don't have to adhere to, even though we had received notification from both parties advising that nothing would change. FOS Investigator / Ombudsman agreed with Skye.

They also agreed with Skye that any early redemption statement would not have to show any rebate of interest and therefore a completely different format as to previous supplied by BH. Skye are also refusing to provide any further Redemption Quotations as they have already provided two (first was incorrect after I checked figures) and FOS are in agreement.

The Ombudsman actually stated that Skye are not entitled to any interest rebate and we will in fact pay less interest as early redemption will stop any further interest accruing. Totally confused as to why then can't they provide details on their quotation? Am I missing something?

We also requested the freezing of interest going forward in order to assist in clearing the loan / mortgage balance quicker but was not only misunderstood by Skye but also by FOS Investigator / Ombudsman.

Even though we clearly stated that on numerous occasions, it was in respect of full loan balance / CMI payments and not default fee interest, all parties ignored and did not address correctly.

The Ombudsman agreed that though the Telephone Conversation with my OH may have caused some distress they believed that Skye followed all protocols so no harm done. Nothing as to what was said and that Skye refused / dismissed any recorded details of conversation as part of our Subject Access Request and that only provided when FOS intervened.

Now we fully stated all relevant FCA handbook regulations where appropriate and not even the Investigator or Ombudsman could not even be bothered to address accordingly.

It seems that the Ombudsman has basicaly agreed with the Investigator like for like and totally ignored or even bothered to address our individual complaint points backed by FCA handbook regulations.

Finally to cap it all they both stated that the disputed arrears amount was passed over by Black Horse (will start a new thread as now a separate complaint) and that it was for them to explain. Guess what, Blackhorse cannot provide details and are saying it is for Skye to address as they are now the legal owners.

:???:

Previous complaint with Skye Loans / Capita rejected by FOS.

Skye / FOS advised that disputed amount transferred by BH, in June 2015.

Submitted SAR to BH.

Last overdue amount from BH different to opening arrears balance stated by Skye. Confirmed by details received as per SAR.

Raised complaint with BH who responded that all details provided in which they have.

Escalated complaint to FOS in which I have now received their brief and inconclusive findings. They have said that the disputed transferred arrears amount needs to be raised with Skye Loans????

I have until 30th March 2017 to respond and I have requested an extension due to the investigators comments.

I am somewhat concerned as on past experience whenever I have replied to the investigator to reconsider on evidence provided, it has been ignored and had to refer to an Ombudsman. Who then agrees with original findings and is rejected.

Is there anything else that I can do before having to go to the Ombudsman? Can I request that the investigator is changed or referred to a more senior level?

This is totally frustrating and has not been fully investigated.

I have evidence of last disputed arrears amount with BH before transfer (though BH cannot provide a full breakdown) and last CMI payments made with BH in which differ from increased arrears balance stated by Skye Loans.

Any advice please.

With hindsight i am so sorry that you appear to have wasted the last 6 months on FOS.

6 months ago i would have suggested the route you have taken but having gone through FOS twice now for nail on complaints and had them find in favour of the financial houses, i wouldnt today recommend that FoS could safely handle making a cup of coffee. They are in existence because they are funded by the organisations which we complain about, hardly surprising really then is it?

Your only recourse now is to move on and make a claim through court for what you believe you are owed.

Sorry to raise old thread again but did'nt want to post a new one as I have now some further issues with 3rd charge company.

Going back to posts #17, 18 & #19 details.

Sorry to sound dumb but would the original lender (Halifax) enter the restriction on our property?

Or was this done by the 3rd Charge (WFS) themselves direct to the Land Registry?

Thanks for looking.