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bustthematrix

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Everything posted by bustthematrix

  1. The important thing is not to lose sight of the power of the idea. I suspect that pretty much ANY reasonably sized association of consumers should be sufficient to initiate the complaint referred to in the Regs as pointed out by rdm2006. Of course, it's not a waste of time to ask the OFT to clarify what they mean and ask them to name a few organisations that qualifies in their view.
  2. Btw, when agreeing a new payment deal, be wary of giving too much away in relation to income and affordability! Unless you want to start paying more than mortgage + £50 pcm! Any idea what they've been charging you in monthly arrears fees, late/returned payment fees etc over the years? Be careful because they've probably changed over the years (usually upwards!). Btw, when did you first start having payment difficulties with this mortgage account? Since they got the suspended repo in 2005, trouble must have started before then which means the charges started from before then too.
  3. More on Letters you Should Think About Writing Each time something untoward happens, write to query it and ask for an explanation. Your letter and their response/lack thereof becomes an audit trail that can be reference letter. I know the horse has bolted with the letter writing thing if you had not been doing it before but what you can do now is: 1. Get the SARN out 2. Gather all the evidence you can of past conduct (i.e. misconduct!) by them. From payment receipts to dodgy reponses to the stuff you mentioned about the buildings insurance. 3. Letters I suggest you write -
  4. When/if this gets to court, simply focus on 1. Your past payment record 2. Your current and future ability to pay 3. ENSURE the new payment date is set to last working day, EVEN IF the lender wants to contest this, insist on it. The judge will be lenient - his/er focus will be to keep you and your spouse housed so take advantage of that. 4. Whilst waiting for the SARN data to arrive, you can send a pre-emptive letter to the lender to warn them about the implications of their actions. Highlight the fact that you now understand they potentially owe you much more than the arrears the
  5. Hi Dave, below is the response by Suetonius from the main SPML/Acenden/Crapstone thread. It seems either one is fine so take your pick and off you go. The address is the same for both SPML and Acenden. As Acenden administer the accounts, it might be worth while sending any Subject Access Requests to them Data Controller: ACENDEN LIMITED Registration Number: Z9251023 Date Registered: 01 November 2005 Registration Expires: 31 October 2011 Address: ST JOHNS PLACE EASTON STREET HIGH WYCOMBE HP11 1NL OR Data Controller: SOUTHERN PACIFIC MORTGAGE LIMITED R
  6. Does anyone with recent experience know what contact details to send a SARN for these bozos to? I've asked for you on the main SPML thread Dvae so you'll get an idea soon.
  7. My point is, make makes Which? the official one? Aren't they just one of many? Sure they've been around a long time and may even be the best known but who decides who the official UK Consumer Association is? Are they a Charity or for-profit entity? Just asking really....
  8. Hi Folks For the benefit of Dave121 and other Caggers who urgently need to SARN SPML/Crapstone/Ascenden in the near future, can anyone with recent successful experience of sending a SARN to any of the above please post the contact details and address(es) you used? Many thanks.
  9. These articles should give you some encouragement about reclaiming those outrageous mortgage arrears and other fees:- Thousands of homeowners set for big mortgage refunds We find that 30 lenders may be forced to return millions of pounds in arrears fees to 80,000 borrowers By Robyn Hall More than 80,000 homeowners in mortgage arrears could receive millions of pounds compensation for unfair charges, an investigation by Times Money has discovered. Customers of Bradford & Bingley, the Derbyshire and Cheshire building societies and a number of other specialist l
  10. Here is a SARN Template you can use: REMEMBER THE £10 POSTAL ORDER AND SEND RECORDED DELIVERY [ your address ] The Data Protection Compliance Manager [Their Address] [DATE] Data Protection Act 1998 - Subject Access Request Notice Dear Sir/Madam ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account) Please supply me with copies of all the data which you hold on me in relation to all my business with yourselves. Please note that I require disclosure of any personal data which you hold on me for the enti
  11. Rdm2006, what would it achieve? And why "Which?" in particular? Are there not others? Why not CAG for example? Rebel11, what's so unfair about it? They do have subscribers etc, but over the years they've campaigned on a number of issues that affects everyone. I think it's the result that counts - any person/association with the voice to get the OFT to lift it's finger would be suitable, no?
  12. Hi Dave Take heart. Like I said, the more torts (a wrong that involves a breach of a civil duty owed to someone else) they commit against you, the greater will be your compensation when the time comes. For every 'tort', you are entitled to receive 'damages' which is usually monetary compensation from the person(s)/party liable. The easier it is to prove the tort, the easier it is to get the damages. This is just one importnat reason why putting everything discussed/agreed by phone in writing is vital. In fact, if you've never documented the fact that you've been trying to get their rubbish i
  13. Regarding the lender's charges, you will need to know 1. Every charge they have levied 2. Why they levied it, when they levied it and what it was for. Unless it is a justifiable charge, you can reclaim it, with interest and to a degree, the FOS will back this up. For now, the ones I am aware you can reclaim are:- a. Mortgage Account Arrears fees b. Late payment fees c. Returned payment fees d. Mortgage payment protection insurance e. Some legal fees. With these, it depends how they came about. Quite often they are easily justified but can be refunded if the lender wo
  14. Hi Dave I've only just managed to pop in now due to work and family commitments. I'll do my best to help you out in this matter. For now 1) SARN them ASAP using recorded first class delivery. You want ALL your statements from inception. The SARN isn't to stop the eviction - necessarily - it's to arm you for future further action, though it may make them think twice, if someone there realises you're probably now more clued up than you may have been. 2) Apply for the Warrant to be set aside ASAP. It IS possible that once you make the latest monthly payment they might cancel it the
  15. Ok, you'll get a lot more direct relevant support on your own thread. Can you post the link to it back to here for ease of reference?
  16. Well, the more torts they commit against you, the more rewarding should be the outcome of any claims against them. A lot will need to be explained by them...but before I/we get too excited about sticking it to anyone, let's wait for the fuller story...please start or link your own thread!
  17. Hi Dave Do you have a thread for this? This sounds like you have been ROYALLY shafted. Once you have a payment arrangement IN PLACE i.e., you agree to pay say the monthly interest only mortgage amount plus X amount each month towards the arrears, THAT IS an arrangement! If the lender has agreed to it, it's an arrangement! The FSA has ruled that once this arranegment has been made AND is being maintained, the lender CANNOT continue to charge you an arrears Admin fee. This is daylight robbery!!! Also, when a court sets a date for payment, this is flexible. As long as you are paying
  18. Just had a thought...have you actually had this suspended repo since 2005? Since then, have you made 6-12 monthly agreed payments consistently in that time without missing a single one? I'd imagine you have if things have not progressed towards eviction in the last five years??? Anyway, if so, why has the lender not capitalised your arrears onto the main mortgage? Did you ever ask them to do this for you? Had they done that, it would have had the effect of a) Cleaning up your credit file from the point of re-capitalisation b) Stop all ongoing arrears and legal charges c) Cancelle
  19. 1. The solicitors requesting the eviction will have been instructed by the lender. 2. You can negotiate with either but the lender is much better as they instructed. If you negotiate with the Sols, if you don't offer what they've already pre-agreed with their client (your lender) they have to refer back to client for further instructions. Also, the more 'interaction' you have with the Sols, the more they'll bill their client who'll just add those costs to your mortgage account. So...I would always negotiate with the Lender in such circumstances unless their arrears management staff are parti
  20. If there was more than one way through which she can be reached, that would also be a boon I think, post, email, website, phone/fax etc... In my own minimal experience, I would say I have witnessed incorrectly placed defaults (as opposed to warranted and therefore correctly recorded defaults) affect up to 50 people. I would guestimate about 1-in-4 people in the credit having adult population of the UK are affected. That's a huge number and the ramifications are therefore consequently huge. Can I ask therefore, in your view and experience, what exactly is wrong with the current state
  21. Thanks D. So she's a potential saviour of a kind...but who is she and who does she work for/with etc? The implications of the case you are referencing here appears to me to be one of the most important issues in modern finance at the moment. It affects the degree of responsibility and accountability that banks and credit reference agencies have between them and the rights of 'consumers' in that regard. It is therefore a defining issue that has implications for millions and millions of people across the UK and possibly EU too. Getting the right people behind you for the fight and spre
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