Hi iv just resentley join this site and arnt i gland i found it otherwise i would not know how to approach these big financial industry bullies. I think the people who set up this site need to be recognised for all there hard work,bravery and kindness in helping thousands of you reclaim money you were owed. I personally would not of had the guts to try and start to reclaim my money if it wasent for all the imformation and template letters on here,i most certainly will make a donation once i recieve my bank charges back.
Right now i have got that off my chest that get down to the nitty gritty you will have to bear with me its abit long winded but il try and get straight to the point here goes.
On the 18th febuary 2005 i took out a loan with first national a ge company for 12000.00 over 120 months 10.4 apr £158.39 payment ever month.Then on the 12th april 2005 we had some work done on the house with virgo we took out a home improvement loan with them which was through first national consumer finance the amount of the loan was for £2530.00 over 120 months 9.6%apr first national basic lending rate at £51.41 per month. All went well keep payments upto date never missed our was late paying.
Then in january 2006 we remortgaged our house and decided to pay both loans off i called and asked for redemption statement this is what i got for the £12000.00 loan
Balance of account outstanding as at 10/01/06 £11.399.16
Add interest to the date of settlement £40.49
Add future charges £6105.48
Total amount payable before rebate £17545.13
Less amount of rebate if any £5787.83
Add redemption charge £200.00
Total amount payable for settlement on 13/01/06 £11.957.30
For the £2530.00 loan was as follows
Balance of account outstanding as at 10/01/06 £2573.68
Add interest to the date of settlement £19.95
Add future charges £4004.15
Total amount payable before deducting rebate £6597.58
Less amount of rebate if any £3793.78
Total amout payable for settlement on 13/01/06 £2803.80
The solicitors dealing with are remorgage sent they funds to first national to settle are accounts with them on the 18/01/06.
All was well till june 2006 i recieved a letter from first national saying i had defaulted on the £2530.00 loan by not paying my monthly payments. I rang first national and explained that this account had been settled along with the other one they told me that the £12000.00 had been settled but had not recieved funds for this one. I told them i would go back to my morgage company and ask them whats happened i would then contact them once i new. At the time then i was called to ireland to attended a close relatives funeral the 14th family member me and my partner had lost in the last 18 months, i also miscarried my baby i was carrying at 4 half months pregnant , we were ment to move house aswell but 3 weeks before we were going to sign the contracts the buyer pulled out because somebody else down are street gazumped us.So you could say i was not on top of things at this stressfull time and forgot to ring the morgage company when i got back from ireland.But then on the 2nd august 2006 i recieved a letter from a company called asset link capital saying they had bought the sale of my debt and i owed them the money now and they wanted full repayment within 10 days or they would start legal proceedings.
I phoned asset link and explained that the account should of been settled in jan 2006 by my morgage company and that i still needed to talk to my morgage company regarding this matter and would contact them soon as i found anything out. To be honest it was the summer holidays and i had my two children at home aged 6 and 2 and with every thing else on top that had happened i put it two one side to deal with when i found some spare time to sit and ring morgage company when i did ent have the kids around.
September arrived and got kids back to school got my list of things to do and companys to ring but unfortunatley was rushed to hospital after being very ill and in alot of pain. I suffer with endometriosis and have been ill with it for last 4 years but the pain got unbearable in september so was taken in two hospital spent 4 days there and test revieled that the endometriosis had got worse and they had found a big cyst on my right ovarie this is what was causing the pain so was sent home with very strong pain reliefe tramadol to be procise and await for a appointment to come trough to go back into hospital for a operation to have surgery to correct things.
30TH OF OCTOBER 2006 recieves a letter from asset link saying they had today made an application to the court for a charging order on my property to secure the above named company's judgment against you.
I recieved the court papers which said before district judge mchale sitting at northhampton county court on 10/10/06 without hearing it is orderd that judgment be entered against the defendant payable in full forthwith. Date order made 10/10/06 date order drawn 19/10/06. I filled in all the relevant court papers explained my circumstances and offered to pay the arrears and then pay £60 pound a month on dd nearly £8 more a month than i was repaying with first national.
Whilst all this had been going on we applied for a secure loan with freedom finance on the 8/10/06 because we had fallen behide with are mortgage payments with losing my income. We had to repay arrears in full the morgage company said they could not add arrears to the term of the mortgage as they dont offer this facility. After many hiccups i was relieved that the funds were ready to be issued from the loan company on the 04/12/2006 which ment i could pay all the morgage arrears off plus other debts that we had fallen behide on it did ent help lloyds tsb had taken nearly £2000.00 in unlawfull bank charges since sept 2006 they had taken £480 out on the 01/12/06 for one months charges and left us with no money and i was begining to panic with christmas approaching and having 2 small children to buy presents for but was now relieved i was going to get cheque in the post in next couple of days.
This is were the **** hit the pan pardon the punt i got a phone call on the 05/12/06 from freedom finance saying they had to stop the funds being relised because asset link had placed a interim order on our property and had a application for a charging order,so freedom could not register as second charge over our property and could not become third charge as this is not allowed.
The postman arrived late morning on 05/12/06 when i opended post there was a letter from asset link confirming what freedom had said with the attached court order basically saying the application will be heard at 15 30 on 12th jan 2007 at cardiff county court, cardiff civil justice center when a judge will decide whether the charge created by this order should continue (with our without modification) or should be discharged. the total was for £3010.08 plus £110 court costs.
I imediatley rung asset link and asked why they had done this when i had offered to pay a higher monthly payment i was told that on my expenditure sheet i sent to the court i could of offered to pay a extra £15 a month on top of my offer with what exspenses i had going in and out. I ask the lady on the phone could they not of wrote to me asking me to put forward a higher offer of a monthly offer rather than going trough all this she said no.
I was sick with worry now had recieved a letter from morgage company to attend court on the 03/12/2007 because of my morgage arrears,had creditors ringing me none stop and treatning to send baliffs round if i did not pay up i had a default registerd against me for my credit card,and worst of all i had no money now to buy my childrens christmas presents.I rang freedom finance back and disscused my options they said the best thing to do was to pay asset link out of the loan money plus my morgage arrears which then left me with no money to pay other creditors but my main concern was to get my mortgage sorted out as mortgage no 5 were not budging a inch to help me and were hell bent on trying to reposess my house.
I got back on the phone to asset link and asked them if freedom finance paid them would they remove the charge and let them take second charge. They gave me redemption figure of £3120.08 i asked them to put it in writing for me and gave them permission to fax it straight over to freedom finance to deal with the lady on the other end of the phone said she would do her best to get it done as quickly as she could but they were very busy and it could take upto 2 weeks to do i was an emotional wreck my now and had enough i new know that the funds from freedom would not arrive in time for christmas so had to go and beg and borrow from friends and family to pay for the childrens present this was very imbarassing.
Christmas came and was the worst and most stressfull christmas ever managed to get kids some presents but not much could not afford to buy family and friends anything and ended up at my mums on christmas day for dinner as we could not afford to do a big luxuary shop and buy all the nice things for christmas dinner.
3RD JANUARY 2007 at halifax county court for morgage arrears what a nice way to start the year managed to arrange a payment plan till loan goes through with freedom finance and can pay arrears off but i have been told if i miss one more payment or are late paying it iv had it.
When i got home i rang freedom and ask if there had been any progress they said they had wrong asset link numerous times about the letter they needed to compleate the loan asset link kept fubbing them off and saying they would do it straight away but never did. I came off the phone with freedom and rung asset and asked what they were playing at i had asked for this information 4 weeks earlier i had nearly lost my house because of them had the worst christmas ever and had creditors on my back 24 7. I recieved a phone call from freedom the following morning saying they had recieved the fax and are going to finalise everything.
The 9th jan 2007 asset got there payment and i recieved a cheque on the 10 jan 2007 what very little was now left for me to repay my other creditors.
I recieved a letter on the 16th jan 2007 from asset saying that a entry has been made in the charges register for the sum of money i still owe them.Im on the phone again to asset to find out what the hell is going on they tell me that they did recieve payment on the 09/01/07 but the order still went trough court on the 12/01/07 and a county court order was entered against me but not to worry as they will have it removed and i also noticed that freedom had paid them £3545.70 when settling that was £425.62 more than the redemption figure the man on the end of the phone said they had overpaid and the system was showing £3120.08 and he would arrange for the overpayment to be sent to me.
It is wednesday 17th jan 2007 am going in for my operation today operation went well came home was stuck in bed three days as had to be carefull had stitches in my tummy.Sent to the pile of post that needed sorting i have recieved a letter from cardiff county court saying
upon reading the evidence filed by the judgement creditor
And upon there being no appearance by the judgement debtors
the court orders the
1 a final charging order is made confirming that the interim order shall continue without modification.
2 The judgement debtors must pay fixed costs and disbursements of £209.00
this was dated the 12/01/06 was posted on the 23/01/07 and i recieved it on the 26/01/07.I also then recieved a letter from land registry at nottingham which was a b132 notice to a registered proprietor of an application to enter a agreed notice.Then i opended a letter from asset saying we refer to the above matter in which you will recall that a county court judgement was entered against you in respect of the outstanding indebtedness to us.
Your agreement states that interst continues to accure both before and after a entry of any judgement blah blah. I gets back on to the phone asset as i still havent recieved my overpament back and why im getting these letters i was told to egnore the letter it was sent out in error i was told my overpayment should be with me soon because it takes 28 days from when they recieved funds from me which was 09/01/07 for it to go through so should recieve cheque on or around the 09/02/07 i was never told about the 28 days when i first spoke to whoever on the 16/01/07.
The 9th of feb come and gone it is now 17th of feb my birthday i ring asset again asking were my cheque is i was told there was no refund to come and should not of been told there was the extra £400 was for contractual interest the gentleman on the other end of the phone was really arsy started going on about contractual interest which i did not understand i ask him to send me a copy my account statement showing breakdown of interest ect and i was going to seek legal advice.
Two weeks later recieve statement it shows the breakdown of all my payments everymonth then on the 14 aug 2006 it shows adjustment of £102 and fees of £110 then it shows at the bottom of statement 10 jan 2007 £425.62 interest.
That means intotal i have paid £714 in dd and £3545.70 to settle account which totals £4259.70 for a loan of £2530 that has only been running 18 months.
God im glad thats over feel like iv written my life story lol but please please if there is anyone with any guidance or advice please reply and help me thank you.