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About feistycow

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  1. Hi there. I'm sorry I didn't respond to your post. I was too unwell at the time, it all got on top of me. Everything has moved on, but for completeness: The mortgage term end date was May 2017, with unoffficial extentions to Dec 2018; 3 months interest missed; after DWP mortgage support interest scheme ended we found we couldn't qualify for the new loan scheme as the mortgage term had ended May 2017. We paid for as long as we could; At this stage the lender has an order for possession, and next week can apply for the eviction warrant. Yes, we wrote to the lender but have not yet received a reply. I'm currently trying to complete a court form to get a stay & to have a new hearing - have found original mortgage docs, previously thought lost/destroyed. Docs submitted by Claimant as the contract were incomplete (so misleading). Claimant continues to with-hold the data we requested. Second reason for application is that we could not get any legal help , we completed the initial defence form as best we could at the time, but completely crashed mentally the week before the hearing so incapable of providing a complete defence. Thanks for your time.
  2. Thanks for doing this. I'm sorry if I didn't get back to you before but my health problems overtook me. Also In March I couldn't see how to respond directly to individual posts.
  3. Ok BazzaS, thanks anyway. It was too much to research and understand in the time-frame - agreements; regulated or unregulated mortgages; whether or not an extention to the mort term was unofficial or not; possession rules; other CPR rules; SYST / MCOB etc; finding out legal aid rules had changed & having checked with CLA told we do not qualify (& not informed of Exceptional case funding - found this out only a few days ago); no money, as long term sick, to pay for our own solicitor; long-term sufferer of anxiety & clinical depression; lender with-holding detail about how interest applied to the account etc; so possession order based on fictitious sums. Just couldn't cope, and crashed-out as the hearing approached, hence "lots of drivel" splurged out above, and now trying to dig us out of this hole. thanks
  4. Hi Yes this went badly. Lender got possession order & we are supposed to leave by 6/5. BUT 1. However, we unexpectedly found our original contract paperwork and proves the lender did not provide us & court with the complete/correct agreement Ts&Cs. I'm unsure how much of this new documentation to provide with an N244 to persuade the judge to allow a new hearing & a replacement defence. Will the request be copied to the lender before the judge makes a decision? in which case perhaps some documents should be with-held?: The lender provided front page only of the Offer of Advance, signed by lender, dated 8 Apr 1992 , together with a scan/copy of mortgage Ts&Cs leaflet mentioned on the front of the Deed document. We signed that page, dated 15 May 1992 (by lawyer), & the 5th of 6 points listed was to say we had received this leaflet - but we did not receive it, nor did we receive a copy of the Deed. What we have now found amongst other things is: * the Mortgage Application Form which incl page of "notes & terms", and declaration signed by us, dated 18 Mar 1992; * the 3 page agreement of the Offer of Advance (Conditions, Special conditions, & Rider) dated 8 Apr; * letter from them to say that all the monthly figures quoted on Offer of Advance were incorrect & to provide the new figures, this signed by a branch manager, dated 15 Apr. 2. SARs were sent & have not been complied with: sent 4 Feb 2019 by 1st class signed-for mail, receipt there Tues 5 Feb, data due by 7 Mar. Small a/m of data received, nothing to what they have, virtually nothing we asked for. Emails back & forth during this time - nothing but excuses. Complaints sent to ICO. Any thoughts or useful comments much appreciated.
  5. Can I ask , please, 1. for opinions on whether this mortgage contract is likely to be adjudged as Regulated or Unregulated. It was an unregulated mortgage agreement at the start. Britannia BS was a member of the Building Societies Assn, the Council of Mortgage Lenders at that point. I believe that the mortgage became a Regulated mortgage due to the agreement extensions, but not entirely clear. No new contract terms were issued, but should CCA 1974 rules apply? 2. Yes, we will need to ask for more time to get legal advice and to provide a better defence ( we responded to the Claim in a basic way saying that Clmt treated us unfairly, with-held information, failed to respond to issues raised (in writing), failed to comply with Pre-ac-Pro . Additionally, we each sent a SAR to Co-op asking for all data from the pre-contract stage - whether computerised or clerical incl third party for example DWP; also requested spreadsheets, breakdown of interest incl number of days & period for which interest charged, also referred them back to previous letters asking for details on the DWP payments they received - what period each payment covered, and what date each was applied to the account, and if any interest was charged in relation to a DWP payment, how many days & how much was charged; also requested activity logs; and sound files for the previous 3 years; stated they need not provide copies of letters of a purely sales nature. Despite making it very clear the SAQ related to a Britannia mortgage account, co-op wrote back to say they couldn't find anything on record & could we provide bank account account details. After complaining by email, we eventually received some data but no where near what they actually held, and no explanatory notes provided with what they did send to enable us to desipher it. Further email complaint sent, but no further data or response provided. Their prescribed period ended 8th Feb. Do I prepare a request to have an Order from the judge to require compliance with the SAR - otherwise how can they legitimately sue for default / possession based on incorrect / possibly mis-sold MIG/ incorrectly applied DWP SMI payments & interest. We strongly suspect that they have not applied the DWP payments correctly, and therefore have overcharged us on the interest. There is a massive gap between the principle £58,500 originally borrowed and the £65, 000 they now claim is the principle. That's why we need the oustanding data. It's Also needed in order to complain via FOS. Is there anything we can use in our defence about obstructing access to justice? 3. In the lead up to the extended agreement & in Autum 2017, Britannia refused payment holiday, or to capitalise the interest, even though we told them we needed to accrue some funds to pay for accomodation, storage, removals etc once house sold. 4. They also ignored the fact that we both have anxiety & depression and pestered us with letters saying the extended agreement had failed when it hadn't, and sent a number of letters saying there were shortfalls (of strange & differing amounts) when we'd paid exactly what they had asked. Any advice appreciated, thank you. June 1992 for £58,500, re-mortgage taken out with Britannia Building Society by myself & husband. This mortgage replaced a mortgage we held with a different firm. The new mortgage took over as the First charge mortgage. Interest only with an endowment policy. 25 years ending May 2017. The mortgage was set up to run on a dual account basis because Britannia required a one-off payment as security for the lower a/m - the mortgage was more than they would normally lend, apparently, and this was arranged by them with an insurance firm, Sun Alliance, from their approved board of insurers ( & was part of the same parent company I now know)). One monthly mortgage payment (CMI) required. MIRAS tax relief applied. £58,500 total mortgage split into 2 a/cs - £43,000 and £15,500 The one-off insurance payment (I believe is referred to as MIG), of £465 (approx) was taken out of the balance between what we borrowed from Britannia BS, and what was paid out to discharge the original mortgage. Buildings Insurance policy was required as part of the deal and had to be taken out through them. Endowment policy set up at the same time as the mortgage, with Britannia Life who became Alba Life & then Phoenix Life. This was cashed in around 2003. Later complained to FOS about mis-selling & obtained payment from Phoenix for that. 1 Dec 2001 Became regulated & authorised by FSA August 2009 Britannia BS became part of Co-op Bank – T/A Britannia. May 2017 Mortgage term end date, but "unofficial" agreements have been in place up to end 2018. Britannia has always referred to these as unofficial agreements & reiterated that the mortgage ended May 2017.
  6. Moderator - Please help, we're desperate. We have Possession case date for a week's time. Seems not entitled to Legal Aid & no money to pay solicitor. Working on getting someone from shelter or elsewhere to help / speak for us. I'd like to clarify some points, as I've tried to read up on the laws but so much has changed I've information overload. Clmt has, over the last few years: repeatedly denied receipt of &/or not answered letters, &/or nor provided clarifications requested, not provided details relating to DWP mortgage support pymts - when received / what period meant to cover / how applied to our account / whether specifically they have applied interest against those DWP payments for being "late" (DWP generally pay lender fortnightly not calendar monthly) - apparently lenders Not supposed to disadvantage people in that i.e as a result of lender using that scheme; autumn 2017 they wrote to say the extended (post-May 2017) agreement had lapsed when it hadn't (twice did this), causing extra unnecessary stress to both of us despite knowing we were both ill with longterm depression & anxiety problems - recklessly exaserbating our health problems - directly adversly affecting our ability to deal with the situation and to get the house on the market (intended for spring 2018); horrendous phone call with person who didn't know what she was talking about, thereafter dealt only in writing with them; misleading info etc etc. Submitted Subject Access Request under DPA 2018 & GDPR as they were still with-holding information - they are are now in breach of that. When mortgage taken out in June 1992 for £58,500, the firm was a Building Society but since then became part of Co-op Bank August 2009. Am I right to rely upon MCOB - as it's a mortgage, or BCOB as Co-op is a bank, or whether I should concentrate on CCA 1974. Most of that mortgage was Interest Only, with smaller a/m covered with endowment (later cashed in). Refused our requests for payment holiday / capitalisation of arrears. From June 2006 we had to claim DWP support for mortgage interest which DWP paid direct to the lender. I've tried to list every point that may be relevant, and I believe I've read things correctly in that: At June 1992 Britannia was a mutual Building Society & so not authorised or regulated by FSA/FCA. It seems Britannia BS was Regulated but by Prudential (PRA). So whatever laws in relation to financial business pre-FSMA applied. The mortgage (First Charge) was Unregulated - no reference to CCA on the mortgage paperwork. The mortgage term was due to end 17 May 2017, but until recently there were "unofficial" extensions - according to them & quoted in their letters, but not considered so by me & quoted in a letter from me. FCA website says, Britannia BS listed as Authorised & and Regulated by FCA from 1 Dec 2001 to 4 Aug 2009. It also states that prior to that, they "were regulated by PRA/FSA". From Aug 2009 "Britannia" comes under Co-op Bank as a trading name. Co-op Bank showing as auth & regl by FCA. (plus one of Britannia letters or leaflets from about 2012, quotes that they subscribe to Lending Code & FOS & licenced by Offc of Fair Trading). FSMA 2000 - which order?- referred to Regulated Mortgage Contracts (so FSMA 2000); Regulated Mortgage Agreements (so CCA 1974, part 9?); and Mortgages not subject to statutory regulation (so Access to Justice AJA court powers in AJA 1970 S36); FSMA 2000 - which order? -on regulatory treatment of First charge mortgages entered into prior to 31 Oct 2004 and Regulated under CCA 1974 & CONC. References to "Legacy Mortgages" but Regulated ones only? Also FSMA 2000 - which order? - that mortgages entered into prior to Oct 2004 to be Regulated under CCA/CONC provided the a/m did not exceed the financial threshold in place at the time the mortgage was taken out - which ours would have done. So mortgage still treated as Unregulated? But later changed - which order? - to remove the restriction about the financial threshold. As, at the time taken out, the mortgage was from lender to individual + money given to be paid back (credit) + was for our dwelling, that brings our mortgage into scope as a Regulated Mort Cont (from its start). Then from 1 April 2014 powers under CCA 1974 Part 9 (incl Time Orders . & open up the credit agreement) applied to Regulated Mortgage Contracts, Financial Services Act with new rules on Mortgages taking effect from April 2014. So that would make ours Regulated & subject to CCA 1974 Pt 9 & CONC. Then from 21 March 2016 ref unregulated Pre-Oct 2004 mortgages becoming Regulated - scope changed to cover any mortgage regardless of when made, but only comes into affect when affected loans become regulated mortgage contracts on 17 March 2017 - unless the firm in question takes steps to apply the relevant rules before that date. References to case of Barnes vs , that discretion under CCA S136 in order to mitigate the impact of interest charged on the unpaid installments under the mortgage, to reduce the monthly rate of interest by almost half during the suspension - for "short term difficulties". Read somewhere that period could mean up to 5 years? If mortgage was not, but is now to be considered as a Regulated Credit Agreement, can the test for Unfair Relationships 2006 be used? and retrospectively to the start of the mortgage - & therefore be able to claim back all payments we made?. Thinking about Disability Discrimination Act - both long term ill, affecting normal day-to-day activities. Also about individual's Rights of Action when breach of a Conc or BCOB rule when treated unfairly - FSMA 2000 ref 138D of act. Hells bells, I know it's down to the wire if not too late unless we can ask for more time, or query something on their POC / asking for more info. Thank you for any clarification you can offer. Twitter - Why you should open a Twitter account background is
  7. Hi , could a techie help, please - I've been trying to get into & download the interest calculator spreadsheet listed but when i click on to any of the links i get a message (with the CAG logo) saying 404 Page Not Found - and below it is a picture of a missing person, and caption saying "neither is xxxx". Any ideas anyone? Are the links themselves corrupted?
  8. I am new to posting but have been following progress / advice all year.... When I submitted my N1 POC I also submitted an EX160 to claim for exemption or deferment of court charges. Then when submitting AQ was asked by the court (Sheffield) to fill in a separate EX160 to go with it (as they don't 'carry over' the exemption/deferment for subsequent sumissions). I'm now about to hand in my request to set aside the stay (imposed by court on their own initiative) on form N244 and have completed yet another EX160 in case it is needed. (You can get the EX160 off the court-service website, or direct from the court) Hope this helps someone.....
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