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Everything posted by iconoclash

  1. hi - yes good to see something happening - my rooftops/future mortgage was based on Libor rates so wondering how that has been affected. I wrote to JP Morgan as I believe they bought the old portfolios? They said they have no case to answer with the usual stuff about how you signed the contract etc which sounds like the banks doesn't it. Anyway, they passed my account to an actuary company to investigate for them and after wasting even more time with that concluded the same thing, which was expected of course. It has also been with the FOS for approx. 2 years and still nothing. The contract is suspect and has lots of false info on it - things I hadn't seen till doing a SAR, broker had us sign blank forms and even says my partner is a British Citizen when he isn't - so fed up with it, they took a huge £11k plus from us when we remortgaged even though we said we didn't want an ERC and the broker said he would sort it out but didn't, so I am now doing a report of my own in detail and sending it to my M.P. and the treasury.
  2. hi fruitbat1 - yes i think you are in time to make a claim and anyway it might be considered mis-sold, i think you have to prove that they knew the details at the time of entering into the contract. The site that now says no to cover you might be the current position rather than what they would cover when you bought the warranty but either way the claim would be against the broker/intermediary/seller of the cover to you. It is up to them to get all the info and offer you the right deal, however, warranties are notorious for not covering what you think they will - can you get the list of items and parts specific to your warranty from the company? could be tricky trying to prove that you expected the turbo to be covered, is this standard stuff? - sorry i dont know much about cars etc but do think its worth you checking out all angles as warranties sold through others can cost three times as much - good luck Oops, I see that you checked at the time, did you print that out?
  3. Hi - well done, so glad to hear that you didn't let them bully you and could make your case. It seems to me that these advocates and solicitors think that all judges will bow to them and their greater knowledge and have an attitude about them from the start - all part of the same system that we see where financial institutions 'buy' up all the legal help so that no-one else can play - thats if we even had the money in the first place - lol. oops, having a bit of whinge there - let us know how it goes forward. I am trying to fight off a set aside with a former lender at the moment and they are trying to convince the judge that they didnt get the papers - this is their reason?! - what a joke - there must be a dozen companies at their address so me thinks I will write to them all and see if they get it.....
  4. hi - yes Ive been wondering how this might have impacted on previous loans and/or mortgages - since the rates were being fixed behind our backs how are we gonna know when they should have been lower etc?
  5. HI - only just found your thread and best wishes for the court hearing - hope it all goes okay. I too have issues with GMAC (Paratus) about misselling of a mortgage but tis with the FOS at the moment. Seems all these companies are the same in refuting everything until there is no way out for them - I really hope the courts sees what your case is and should take into account your being a litigant in person. They cant claim legal fees but can claim costs so will be ramping them up but wont get any unless they win of course, which seems very unlikely, when all those people took banks to court for refund of penalty charges they did not have to prove the banks internal processes and costs in manual interventions did they - so why would you be expected to do that.
  6. Hi - glad to see this thread up again and can let you know whats been happening for me: I didn't realise that Rooftops were still around and have been trying to deal with Future Mtgs who bought our Rooftops mortgage. Have I been dealing with the wrong company? This is all because the guy at the F.O.S. said that we should work with them whilst they were responding to the letters. Latest from Future (via JP Morgan) is that they refute everything, charges, misselling et al, so I am bit fed up with this as its been years already. Also having no success with chasing the brokers who sold the deal to us as they went under, but FOS have opened a file on them anyway? does anyone have any advice please
  7. hi , yes, tis confusing me for sure, this is the hearing for their set aside request, so i have been worried that would be the end of my claim, but seems i would still get a full hearing - am I right? thanks:-)
  8. hi - they have been paid the full as the money is in their statement of my account and was included in the redemption figures, so I have claimed back what i am owed and got judgement in default which they now seek to set aside- seems straight forward enough to me, except for this business about what court it should be in.....and in this regard the papers from court say: "1. The matter be transferred to Bradford CC for hearing of the application. (thats their appl. to set aside) 2. Because this Order has been made on the application of a party without notice of the hearing being given, any other parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court to arrive within seven days of service of this Order. If the application is one which requires a hearing, and a) the party making the application is the Defendant; and b) the Defendant is an individual, then upon filing of the appl. the claim will be transferred to the Defendant's home court. In all other cases requiring a hearing the claim will be transferred to the preferred court." So, how would you read that please?
  9. hi - back again - have i read your response too quickly and thinking the hearing will simply be set and then i am stuck with it? whats happens next? they say it is going to be listed shortly, but, if i read you right this time, the hearing would be listed and then they will send me a questionnaire?? thanks
  10. hi - none whatsoever - these are legal costs added to my old account over and above what was set by a judge so it should be very clear in the hearing that they have overcharged me - i also have their solicitors invoices from the time and can easily show how the company that acted for them charged them more than what the court set for me to pay - so - the company have tried to pass that on to me despite being in breach of the previous court order. I issued my claim, court sent it to them and they ignored it and me, I wrote to them and rang them but they said it had nothing to do with them as they no longer hold my account and I'm thinking, so what, what has that got to do with them overcharging me and then adding interest exactly. I applied for judgement and got it and now they are backtracking and trying to get it thrown out - they should surely not be able to how can i be at a hearing that is so far from me? How can a mortgage company be an individual but Salford seem to have it back to front and think that they are? - I have written to Salford Court Service and told them that I want it transferred to me and can only hope now that they do this. Thanks for responding.
  11. Hi I am having a few problems with issues out of Salford Court Services. I am being told that the defendant to my claim, which is a company, is being listed at their local court. I thought that if an application requires a hearing and the defendant is is an "individual" then it could be heard local but in my claim the defendant is not an individual, as it is my old mortgage company, and so I dont know why it is listed some 200 miles from me. I have rung Salford and they disagree. Dont know what else to do now as I will not get the chance to show the judge that they are pulling a flanker on me - they are trying to get my (default) judgement against them set aside. If they achieve this I will be very cross and would have to start all over again, and this has been winging round the system since March. I just want what they owe me and it is very clear on my claim. Any advice please.
  12. Hi - it sounds odd to me - I am not expert in any way but would definitely read up as much as you can about these type of deals, especially deals that go well into retirement - there are rules and regulations that should have been complied with like being asked all the right questions at the start and providing a key facts document. Dig out all the paperwork for both lender and broker and start with a request for the files by doing a Subject Access Request. Info on this elsewhere on this forum. Check if it is a first charge mortgage or a secured loan but either way must be regulated. Good luck.
  13. hi - lol - so when they've trawled through that lot you might get another claim but you do seem to have put in a lot of good work - all the best
  14. Hi - I am struggling myself with a car finance company and they are so hard to understand. That in itself is part of your defence as you should be able to fully understand what when etc with money matters, so if you go into court try to get CAB or somesuch to advise you, I am not expert but have seen lots of threads on here about these tricky deals. It might be that your fixed sum agreement is now attracting more interest and charges by being in arrears and thats why the balance is now rising but there are definite rules about what they should do and when so you will need to check it all thoroughly. You might be able to ask the court to agree what is owed and get a time order. An order to pay a specified amount which should protect you from further harrassment by the finance company. Hope this helps.Even if they get an order for you to pay x amount you can then request a Variation Order but they will probably go for the jugular, ie, want the car on the grounds that they can sell it to reduce your balance, but you will have no control over what it sells for and then they will add all their costs to your account for doing that too.
  15. Hi - I am not sure that the court were right in saying there was a hearing, can you double check that? BH might have written in and withdrawn their claim against you, and intend to re-issue something else instead. I am no expert but think you have spent time and money with your defence and their doing it this way is sneaky as you didnt get to ask the judge for your wasted costs so far - there might even be ramifications as to whether they can re-issue an identical claim as I dont think that is allowed either, so worth checking whatever you can. It seems that right now there is no case against you at all and you will have to wait and see as the ball is in their court. Hope this helps.
  16. hi - having failed to reach any agreement with the finance company, who were not really negotiating at all but challenging everything in my original defence, they have now followed up with a request to court to restore their claim. This was pretty much expected but I wonder if you can just clarify a couple of points for me please: the original claim of theirs was dismissed, but with liberty to restore. (I thought that liberty to restore only lasted for 56 days?) They ask court for: 1. Restoration of their claim, stay lifted. 2. Revised particulars attached be accepted. 3. Service of amended particulars be dispensed with. 4. Costs in the case. 5. To remove to fast track. They also state that they want to kill two birds with one stone. ! Wow. I think they are pulling a flanker on me with all this and I think there are implications for the judge allowing this stuff if they do - could anyone please alert me to the potential pitfalls here. many thanks.
  17. Hi - I would also be interested to know if this case is still going or if it has been resolved - I have some similar issues, perhaps this has been moved?? thanks
  18. Hi - admit I dont know much about this kind of situation and it must be a very difficult time for you to have to deal with all this, but, one thing comes to mind, was their any insurance cover on the car contract or other that might apply? and as the car was given back what kind of settlement was agreed with that in terms of balances due etc and are they correct? hope this helps
  19. Hi - I try to be succinct and just give the relevant details as i know that i have not had any other court action and maybe at fault for assuming that if i havent specifically stated that, some might think it is a possibility but its sort of: 'what it says on the tin'. Plainly this company have had all the same court papers as me, they know the figures, but between their litigation teams and their customer care teams and their computer IT teams, they always manage to get it wrong. I have done SARS et al but cannot get them to refund the overcharges on the legals. Maybe they thought I wouldnt notice if they just stuck with the bills that the solicitors, Wragge & Co, gave them. (I have Wragges invoices) Maybe they already paid those invoices to Wragge and when the judge disallowed some of their claim they found themselves stuck with the costs and simply tried to pass them on to me. I'm guessing here but who knows what goes on in these companies..... I think I will fall on my sword also, they date back to their court action against me, they tried to add everything and i spotted it, they removed some but not all, i spotted that and asked for the rest of the overcharges to be refunded, they then refunded those but added back in what they had previously been removed and then added some more. sorry, i didnt think it necessary to go into the nitty gritty of their crazy accounting and dont see it helps, just know that they still owe me overcharges that they describe as legal costs and court fees. Hope this helps. thanks.
  20. Hi - yes, this is still current. It has been moved on a few times but was set up with GMAC originally. Then sold to Oakwood. Then sold to MTR. The charges were made by Oakwood. They are over and above the court order I think it should be straightforward to take this back to the judge and ask that this be remedied. My only problem is how to word that, this is why i looked up civil fraud and saw that stuff about "keeping what one is not entitled to" but then also looked at restitution which might bemore applicable as it accounts for 'disorgement', that is righting the wrong to the victim even is via a third party. All companies have been written to and none will engage with me. thanks.
  21. So, back to the thread question, I am wondering whether this overcharging can be claimed back as restitution, if anyone has any advice - thanks
  22. Hi and thanks - this is the documents submitted to court but that case has been thrown out by the judge now - just keeping an eye on things for the next round, which I suspect is coming soon:-)
  23. Lea-HTH - what's with all the shouting (caps) and undertones in your replies?? do tell
  24. HI - yes I agree - it is not a catch-all standard contracts will apply scenario - this was set by a DJ and therefore it must be complied with. The court order states the amount to pay, the amount to pay towards arrears, and the amount of legal costs allowed to the claimant. if the judge says you may have £4000 in costs I do not expect to see a charge of £7000 on my account (for example) especially if I see the claimants solicitors invoices prepared for the hearing and they coincidentally add up to £7000. What else matters. And where did I say that this was repossession? - the mortgage was sold on to yet another mortgage administrator and is current.
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