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Everything posted by OLIVE.FAMILY

  1. Well we got what we wanted again......a 3 month adjournment to let the FOS decide on the charges . Hopefully by that point we would of sold anyway. Unfortunately though we were unsuccessful with the FSCS due to mortgage being taken out in 2003...they can't deal with any cases before October 2004. So looks like I have come to a complete dead end with that one :( Olives xx
  2. Well tomorrow is Court Day.........feeling nervous now but think I have my case nice and clear in my head. In court at 12.30 and have a 20minute slot. Roll on 1pm when it's all over. Xx
  3. Just want to say good luck in court. Reckon all will be good. If you are worried about speaking in court though a member of Shelter should be there a they can speak on your behalf. We are also due in court in a couple of weeks but this is not new to us unfortunately x
  4. Okkkk....looking through the FOS decision reference. It seems that the FOS are keen on awarding the same ratio of charges as Kenny has offered so looks like I will have to accept that although just in case I will still send it to the FOS. I am still going for compound interest and I am going to add the fact that £50 a buildings and contents insurance is included in these arrears. I agree we have to have buildings insurance but had I of been with another insurer like for example Aviva and has fallen behind then they would cancel the insurance not keep it going adding interest. X
  5. No they hadn't , they only asked for arrears when we were in arrears. We have now decided to go via the FOS for these charges. Not sure if they will be very helpful but hopefully it will buy us more time so that the house can be sold. We now have a date to move into the new house for the end of September.....just got to sell this one Xx
  6. WOW ! Yes we're capitalised a few years ago. I do I know if this affects us at all ?? X
  7. Hi all, After a month of hanging around for other people to get back to us I can finally update. FSCS complaint is in and has been received by Deloitte. Took a while as it got lost (long story) and took 3 weeks for them to find it. They have agreed to fast track it but still wont have any answers by 2nd September when we are back in court. Shelter as wonderful as they were last time have been a bit of a nightmare. the Judge gave us a adjournment so shelter would have more time to look into our case. We sent three emails..had no reply. Finally got an email saying we had to send all our income details in again to reapply for legal aid...we done this..another week..we get a new vase worker as the last one has left....a week goes by again and we get a call again to say we are no longer entitled.....Do you know what I am kind of relieved I think as the fight is back in my hands. Shelter do fantastic work but i do not think i liked the idea of being gagged when I have so much to say. I have done this before so I can do this again (with a little help , love and support from my CAG friends of course ) So its back in my hands now. My first thing I need to decide is what to do about these charges. The court case is a repo hearing for the Mortgage account. The bulk of these charges are on the Secured Loan (same company) as they are compound interest. This is also the same reason why we stopped paying again (sheer panic on them wanting an extra £200 a month) Can I state all this in the court hearing?? I also need to decide weather to take the charges to the FOS or take it with a counter claim on this adjournment as Kenny's have sent us a very poor offer as suspected. We have our house up for sale now and we are looking at a £20,000 shortfall. These charges will clear them. Tempted just to say to Kenny's that the house will sell for £130,000....we have £20,000 shortfall fall I think you owe us just over that..tell you what lets call it quits! .....don't think they will go for that some how though. your thoughts and opinions on this guys is very much appreciated. olive xx
  8. I believe Loans.co.uk have ceased trading. They have defo coughed up before as I have claimed PPI back from them several years ago xx
  9. Eekk...I hope you get an answer soon. Mine has been with them now for a couple of weeks and I cant bare it. They are fast teaking it for me but its still going to takd forever. Everything crossed for you xx
  10. So how much of that 11,000 do you think is charges ? If a bulk of it is then you could get that deducted from the mortgage owed. House prices are changing and climbing. It will be worth getting it revalued. Xx
  11. Ok.....have you made an offer to clear the arrears . Never mind the complaint for the moment..like you say all action will be on hold untill they have made a decision. You can make an offer of payment as long as it's cleared the arrears by the end of the mortgage. If it goes to court a judge would find that more than acceptable. If Lloyd's go for reposession it's not the end. You can go to court and defend yourself. I have been to a reposession hearing and saved my home 4 times now so I doubt you have anything to worry about. Use the time the FOS have the case to come to an arrangement. That way if the FOS don't go in your favour you have everything in place and Lloyd's have an arrangement in place which will keep,them happy. Honestly try not to worry....I really do believe you are a long way off from losing your home Xx
  12. Can't remember ...will find the letter. Not going to tell them that we are selling but if they have a co they will find out. The way it stands currently we have no equity but,....if all goes to plan and we get out charges back from Kenny's (taking that to court) and IF the we win our case we will have it. Now I have just sounded that out it doesn't matter either way really does. No equity they don't get there money by way of c/o ....if we win our cases then we offer settlements? Xx
  13. I am assuming that they have realised it's not worth going for the charging order. I am wanting to get this all in a position that hopefully I can offer settlements. Within our FSCS complaint we have we have included amounts to offer settlements with various debts this being one of them.. Basically we said that had we not of been sold a bad mortgage then we would not be in the financial mess we are in. So therefore in order to put things right we want some money to clear these Xx
  14. Well i am thinking I must of done it ages ago as I have found a full statement including charges...only 2 pages long. Found the Land a registry paper work and I already have a copy of the credit agreement. Which actually states we borrowed the money for paving....we actually borrowed it for Protecacoat Do you think else is missing then ? Xx
  15. Sorry it's been a while....trying to sort Mortgage issues. I have statements from BCT. It appears the way they work is the starting balance is balance borrowed plus the interest for the term of the loan...hence why it appears to have doubled. They have added around £400 worth of charges to this. I am a tad confused though....we have a letter from Land Registry about a charging order they obtained but within the mortgage paper work they have asked for info on us in case they want to go for a charging order...would this mean in case they decide to actually use the charging order. Also we had a letter asking us to make an offer for full and final settlement. Since that letter we have had DCA's chasing us for the debt.....slightly confused Xx
  16. Hi there We are in a similar situation of sorts. A bit more complex but ultimately we want to sell up to rent Can you not try and sell your house? as the housing market has picked up somewhat Olives xx
  17. Lol...i most certainly will doing just that.its their final response and said if we disagree to take it to FOS. We are considering though putting in a counter claim with the court as we are adjourned until September. We want this cleared up so when we sell we owe nothing and we have no more dealings with them X
  18. Just to make my last post clearer, what we asked for will give us equity back...what they are offering will not X
  19. Hi guys.... Godmother...for our secured loan we asked for approx £21,000 in charges, agent fees and compound interest that is being added monthly (at the mo just short of £200 a month) and then interest on top to be repaid....they offered £2000 For our mortgage we asked for £4500 to be repaid from charges, agent costs and interest....they offered £1500 Thanks Ell-en for making how they pay more clearer...although it does not clear the arrears balance we are selling the house. So even by them deducting it from mortgage balance when we sell this will not only clear our arrears but also give us equity in the house . Xxx
  20. We'll it's here....I have their reply and as predicted in comparison to the amounts I have asked for it's actually quite laughable. The usual 50% of some fees 100% of some more Absolute no no to solicitors (which I didn't ask for), no to agent costs , not to court costs (which I also didn't ask for). No mention what so ever of the compound interest from the loan that I included. Olives x
  21. FOS is The Financial Ombudsman Service. To claim your charges you need to send the mortgage company an SAR...this is a letter requesting that the lender gives you all the information they gave on file about you...it includes all fees, charges, telephone conversations and letters they have sent you throughout the mortgage. You need to send a £10 cheque or postal order with this. Once you receive your bundle go through all the charges and put them onto a charges spread sheet (there is one on here which we will find when you are ready). If you add the interest rate charged the spread sheet will add all your charged including interest. Post anouther letter to your lender with a copy of the spread sheet and ask for your money back. They will then send a letter with a full ANC final offer. If you agree all well and good if not then send your complaint to the Financial Ombudsman Service Xx
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