This topic was closed on 03/08/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Sparkie used to post on CAG for quite a few years. I have sadly learnt that he has passed away. He will be sadly missed as a consumer fighters soldier. RIP Sparkie

Folks When I click on the link, I am taken to the Yorkshire Building Society , which then states "Page not available". Any ideas on how I can check if my mortgage was/is securitised? Doc

I have a mortgage with Accord and they are wanting to repossess my home......how does affect me?? Doc

Hi Folks Sorry for not getting back sooner as I've been busy trying to work at getting solutions and answers. Many thanks for all of your help and advice. We have now secured ourselves some legal representation and have resolved the acceptance of an offer issue.(for now!!) Doc

Above are my comments

I'm not even sure what they are financially?

Interestingly we don't have any written/signed contract with them and likewise vice versa!!!!

We appointed the estate agents on the advice of our financial advisors who were the instigators with our remortgage initially with Accord (we had a mortgage with Halifax). And subsequent advice to a now "bust" broker who got us a further variable secured loan with Swift

It's not so straightforward! Foisted perhaps in our niavety!!

Hi folks Can anyone advise. We have our house up for sale and we have just been told that the estate agent has accepted an offer on our property without informing us of it,until now. Is this legal? The offer is lower than the asking price ! He told us that it's a distressed sale so is lower!!! He also told us that the banks can force us to accept the offer? Below are my wife's comments! I rang and spoke with the agent – a piece of *****. I am delusional!!! I don’t realise the severity of the situation??? We are going to be repossessed, this is a distressed sale. The court case will only be adjourned for a few weeks, not suspended for 3 months or anywhere near that!!! (according to him). Any advice would be welcome? We have a court date of in Dec as our main mortgage is going for repossession. Doc

there most likely are a lot of charges on the whole agreement as this is not the first time he has missed a few payments. He has requested and SAR to highlight what extras have been added to the agreement.I think he has a further year to run!

I think it's about 4 missed payments. He's a student , works part time at weekends may not be able to pay much off of the arrears, he will try and pay the normal monthly payments.

we're in Northern Ireland .....he received a letter from the solicitors acting on behalf of BH and this is what it says...." We enclose herewith a civil bill for your attention by way of service....Please note that this document means that legal proceedings have now been issued against you and you have 21 days to respond to these proceedings. Failure to do so could result in a judgement being obtained against you which will affect your credit rating. therefore we would respectfully suggest that you seek legal advice in relation to this." The other attached form (which is a legal document) states at the top of it "Ordinary civil bill order 5 rule" it says it's between BH and My Son "The defendant is hereby required to appear at the Courthouse on a date and a time to be notified to the parties by the chief clerk to answer the Plaintiff's claim for an order that the Plaintiff to recover against the defendant and that the defendant do return to the Plaintiff the Plaintiff's goods (herein described) being the goods in a Hire Purchase Agreement(particulars whereof are hereinafter set forth) and wrongfully detained by the defendant." It hen goes on to state how much the arrears are for etc.... There is a heading "Warning" which states "If you wish to dispute this claim against you within 21 days after service of this civil billon you, a notice of intention to defend these proceedings in Form 42 must be served on the Plaintiff and a copy served on any other party to the proceedings and a copy delivered to the chief clerk at the courthouse. If you fail to serve such a notice the plaintiff may proceed and obtain judgment against you in your absence and without further notice"

November 2009 and he's paid more than a third.

Hi Ell-enn Blackhorse and the agreement form states "Hire Purchase Agreement Regulated by the consumer Credit Act 1974" Doc

Anyone able to offer advice URGENTLY!!!! Bump!!

Hi folks Can anyone advise what to do if the OC and a DCA is reporting the same amount of debt on the CRA report? Many thanks Doc

Hi Folks My son has received a Civil Bill stating that legal proceedings have been issued against him and he has 21 days to respond to these proceedings (letter dated 9th October). The arrears are for £1200apprx. He needs the car for traveling to University! Any help or advice would be much appreciated. Doc

Is it possible to complain to the FSA/FOS/OFT about their tactics? Surely their lack of treating the customer fairly under the MCOBS should be highlighted to the regulatory bodies? Our house is on the market and this has been noted by the Muppet that visited us and took our Income and Expenditure details. Seems aggressive and one hand not knowing what the other hand is doing. surely no Judge would allow a repossession if the house is up for sale?

Anyone?? Any advice would be much appreciated. Doc

Hi Folk Just received a letter from Accord (my main mortgage account) saying that "Unfortunately, the level of arrears on your account is such that we will shortly be instructing our legal advisers to begin legal proceedings against you for possession of your property" they then go on to say that "its still not too late to avoid this happening. If you can clear your arrears in full straight away or agree an arrangement, we'll be happy to avoid this step" However there is a paragraph that goes on to say "Before you contact us, you should know that we will not be able to agree to an arrangement if you have defaulted on more than one previous arrangement. In addition, we'll need you to reduce your arrears to less than two months payments first" The amount of arrears is £2000. We have already had a visit from one of their agents they employ (at an £80 charge to the customer for the pleasure!!) who carried out an Income and Expenditure. surely this is not treating the customer fairly (I'm in Northern Ireland, does the mortgage protocol rules and treating the customer fairly apply to me in NI?) Any advice would be much appreciated. Doc

thanks for that info...do you see my point in relation to them not checking who I was? do I have any mileage in this complaint ?

Hi Folks I am in the same position with Swift Sterling and CRS, texts are doing my head in, phone calls to home, phone calls to work. I have emailed them and spoken to them that I only want to communicate in writing and not over the phone to arrange a repayment plan. I have asked them to cease ringing and texting, to which they haven't! I spoke to a woman from CRS when she rang my work, she didn't do any checks to see that it was me, and proceeded to spout off that she was acting on behalf of Swift Sterling. surely this is a breach of the Data protection Act...I would have thought that she would needed to ascertain who she was discussing this issue with first? Can someone advise please? I could have been anyone ? Do I ask for a transcript or a digital copy of our conversation and complain to the Data commissioner? Many thanks Doc

Hi Ims Thank you for your quick reply. What is a reasonable length of time do you consider, for them to act ? I notice under the T&C's:- 4. Governing Law 4.1 This contract will be subject to the laws of England and Wales I don't live in England or Wales? (I live in Northern Ireland) Here are their T&C's Introduction We want your decision to use iSmart to pursue your claim to be the right decision for you. We are committed to providing a professional, simple to understand and easy to use service. We aim to be completely transparent in all our dealings with you and these Terms and Conditions explain our obligations to you and yours to us. They will be at the heart of our relationship, and our contract with you, please take time to read them carefully. We hope you are happy with our service, but if you should have any reason to complain please do not hesitate to contact us. A copy of our complaints handling procedure is available on our website or by request. Definitions i-Sm@rt Consumer Services Ltd, trading as iSmart Consumer Solutions (“ iSmart”), is a limited liability company and a third party claims handler, regulated by the Ministry of Justice in respect of regulated claims management activities Authorisation No. CRM2506 and registered in England and Wales with No. 05238848 having its registered office at Turnells Mill Lane, Wellingborough, Northamptonshire NN8 2RN. "Services" means the services provided by iSmart including assessing the viability of, preparing, submitting and negotiating your claim. “Compensation” means (but is not limited to) any one or more of the following or a combination of them: • a refund either direct to your bank account or by cheque • a reduction of your loan balance • a reduction of your arrears "Fee" means the fee payable to iSmart for Services being 25% plus VAT (currently at 20%) of any Compensation offered to you or to us on your behalf. For example, if we obtain an offer of £1000 Compensation, our fee would be £293.75 (inclusive of VAT currently at 20%) . “us” and “we” means iSmart or anyone to whom we transfer our obligations and rights under this agreement. “you” means you, the person(s) entering into this agreement. 1. By signing and returning the Letter of Authority in the claim application pack you will: 1.1 Be accepting these Terms and Conditions and entering into a binding contract; 1.2 Agree that the Compensation can be sent directly to us and that we will retain our Fee before paying the balance of the Compensation to you. Should the Compensation be paid direct to you, or credited to an outstanding loan, bank account or credit card, we will invoice you direct for the Fee which will become immediately due and payable to us. If this Fee is not paid in full within 28 days of the dated invoice we may commence debt collection proceedings to recover the debt owed to us. 1.3 Agree to pay back to us any monies properly paid by us in pursuing your claim; and 1.4 Still be liable for our Fee if any reasonable offer of Compensation is rejected by you. 2. iSmart will: 2.1 Rely on the information and documents provided by you to us as being true, accurate, and complete; 2.2 Use our reasonable endeavours to obtain Compensation for the claims which are pursued; 2.3 Accept no liability for an unsuccessful claim or for the amount of Compensation; 2.4 Promptly notify you if the claim is not to be pursued. We will act reasonably in taking any such decision; 2.5 Promptly notify you of the outcome of the claim; 2.6 As soon as is reasonably practicable following the settlement of a claim and the payment of any Compensation by the company to us, pay you any balance of the Compensation after deducting the Fee; 2.7 Keep you informed by post, telephone, emails and SMS message about offers, products and services which may be of interest to you. If you do not want us to do this please write to us at: The Marketing Department, iSmart Group, Turnells Mill Lane, Wellingborough, Northamptonshire NN8 2RN. 3. Cancellation terms 3.1 You have 14 days (which starts on the date you signed the Letter of Authority) to cancel your authority, instructing us to act on your behalf. 3.2 If you cancel the contract after these 14 days we reserve the right to make a reasonable charge for the work undertaken in pursuit of your claim. 3.3 If you withdraw a claim prior to Compensation being paid, but after the claim has been lodged by us and upheld by the company, you will remain liable for the Fee. 3.4 If you independently accept Compensation based on a claim lodged by us and upheld by the company you will remain liable for the Fee. 4. Governing Law 4.1 This contract will be subject to the laws of England and Wales. Declaration I/We confirm that I/we have read and understood the Terms and Conditions (contract terms and conditions) and by signing the Letter of Authority confirm acceptance of them and wish iSmart to act on my/our behalf