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ajwliverpool

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Everything posted by ajwliverpool

  1. Hi folks Please don't hammer me for not reading the forums. I have! - just finding it a confusing mass of information, really need to find guidance on the first steps. I've read a lot about what PPI is, SAR letters, and the letters to make the claim. Read lots of peoples experiences etc. What i am not sure about is the first steps i should take - i have no idea whether i have a claim or not. Should i ring up all my previous lenders and ask if i had a policy? Should i do a SAR to literally every lender (cc's, personal loans, mortgages) - to get the info first? that's a £10 x ? - maybe £80 or more, which i don't have to risk if i don't even know if i have a case. Was seriously tempted to use a firm to chase the PPI claim, because i know a few people who got money that way - but got seriously put off by some posts on here (sounds like the PPI claim companies are as bad as the banks). If probably got myself confused reading too much on here and am suffering a bit of information overload paralysis . If you know what i mean. Basically - any advice or links to a page i may have missed, showing how a complete 'PPI virgin' should start off - would be most welcome. Regards AJW
  2. Can't believe i just wrote this for 30 mins and it expired and i lost it - ah well start again. Lesson learned. 1st AST - 25th Jan 2012 2nd AST - 25th June 2012 3rd AST - top of page in print was 'This agreement is made on the 31st day of January 2012'. However in section1.6 Term: 'The term shall be from and including the 26/01/2012 to and including 25/07/2012'. The Section 21 was handed to me on the day of signing (31st), but i S21 notice was signed on the 25/01/2012, for vacation on or before 25/07/2012. There are no other dates on the S21. We were granted an extra month at the property (paid in advance) from 25th July to 25th August, as we couldn't secure a another tenancy, twice securing it until landlords had second thoughts about us having a dog. Eventually we moved out on the 20th Aug, giving us 5 days to clean, handing over keys on 25th Aug. The garden. The gardener came on a dozen occasions from Feb to around June 2012. The AST explicitly says its my responsibility to maintain the gardens in a neat and tidy state etc. I regret not getting anything in writing from the agent but it was my understanding that the owners wanted to sort external spaces as they wanted it shown in its best light for selling purposes, so they were prepared to pay for a gardener. I take this as them cancelling my obligations under the AST. This was passed over to me verbally from the agent. They've acknowledged this verbally in recent months but i cannot get them to put anything in an email confirming it. In any case the garden was fine, they have now basically turned it into a show-garden at my expense. Thanks for replies so far.
  3. Hi I never received anything from the agent regarding the deposit protection, so thought the agent held it during the tenancy. After the tenancy, I asked for a copy of the certificate and deposit number when i moved out, they had nothing on file, but gave me the DPS tel number. When i rang them the DPS emailed me the account number and my code, it was registered correctly at the signup of the tenancy. I don't know why the agent / DPS never sent me anything about the deposit. The agent told me that i should wait for the DPS to get back to me as the deposit was going to be in dispute and would automatically go to an arbitration service. A few days ago, i read the DPS website and realised i should request the deposit back, so i did that online. The DPS have confirmed on the phone that they have received no communication as yet from the agent about the owner claiming against my deposit. Hope this helps. Regards A
  4. Hi Hoping i can get some advice on this as its quite distressing for my wife. Apologies in advance for the length but it might help to give the full picture. We rented an unfurnished property in Jan 2011, paying £1200pcm and £1200 security. The property was owned by an elderly couple (70s), and managed by a local agent. The couple assured us they weren't going to sell for at least 3 years. We signed up and had paid 6 mths rent in advance every 6 mths. We never received an Inventory on check-in. However one was presented to us after 1 year inspection, i didn't sign it as it wasn't something i'd seen before. The inventory has no notice of outside spaces condition. From the off, the property was on the market for sale. The owners were very awkward about numerous things, for example they didn't change addresses and so i had to sort mail and leave theirs in the porch for weekly collection. This was an opportunity for them to snoop, in the end i had to get blinds for the front lounge and porch. We were served section 21 notice on the third 6mth AST, but were told that we could revert to a month-to-month after it expired if they had not got a buyer in place as they needed the income. We accepted that in good faith, paid again, and then were told no it will be enforced. All of this is verbal via the agent. In addition, the owners wanted to provide a gardener for the external spaces, i guess they wanted it to be mint for the viewings. We agreed and i have texts to prove ccommunication about gardener access. The owners claim they have the house on a bridging loan to pay for their new house (i know, crazy). They claim unless they can sell by end of 2012 they may be repossessed. On top of that i accidentally opened a mail to them (window envelope, not clear who it was for) - they have a company with 50k+ debt being wound up. Our troubles really started when we we left. I was concerned about getting the deposit back as they acted very weird, were not proper landlords, had massive debt issues, and had acted unreasonably about a number of issues (haranguing my wife on the doorstep because a sales viewing had to be rearranged when we didn't get the message - long weekend break. One of numerous things). So i arranged for a week overlap - starting a new tenancy on the 20th Aug, ending old one on the 25th Aug when i handed over keys. This was to give a week for us to thoroughly clean the house, including hiring a chemical carpet cleaner so the carpets were beyond any reproach. The house was in better condition than received. On the Saturday 25th Aug when i handed in keys, i had arranged to meet the agent and go through the property and agree the condition as i had real concerns the owners would make a grab for my deposit. The agent couldn't make it but i dropped of keys to their office and had a signed letter acknowledging handing over the keys. I rearranged for Tues to meet the agents and go through the property, agree the condition, and take photos. This took place but the owners turned up midway through and were so belligerent about perceived problems (such as smudges on windows or dust behind a unit), the agent suggested i leave and discuss with me later. I did so, and wrote an email to the agent (one of several which went unanswered but were acknowledged by phone). I asked for the opportunity to come back and take photographs of condition before any works were carried out, of any disputed issues, so i had evidence. As the house was unoccupied and on the market for sale, i asked for the opportunity to examine any quotes and if something was reasonable, to seek alternative quotes, as there was no urgency. To cut a long story short - the owners haven't even submitted a claim for the security deposit yet as they are chasing down invoices. But they have done a lot of work including £600 odd for gardening (actually re landscaping by appearances), total claim of just under £1000. Really folks this house was left in great condition and verbally the agent agreed it was all fair wear and tear if anything. Yet now they are going to support the owners claim, i think because they want the sales instruction. Its now 25th Sept and a claim has not even been put in yet. Its with the DPS, and i guess after a month or so it will be referred to their arbitration scheme. I have no proof of the condition of the house as i left it as thats what the agent visit was for. I paid for a big overlap of tenancies so my wife and i could make the house immaculate, yet there is now no proof of this. I think the owners are compromised in any case due to their debts, but is this relevent. Add to the fact they are claiming for things (like the garden) which they verbally agreed to take on themselves, but are now saying they didn't. there's nothing in writing and although i have texts it doesn't explicitly say there was an agreement about the garden. On top of that i never signed the inventory, and the inventory never noted condition of the garden prior to moving in. Basically - i think they are making me pay for stuff they perceive will help the house sell - i am expected to pay so they can have the house in showhome condition. Where do i stand here? Is there anything that stands out? In any case, its already caused hassle as we had to borrow for our next deposit, and we probably won't see this old deposit returned for several months yet (if at all), so we had to cancel Christmas holiday plans due to the uncertainty. Anyway sorry for the boring story, hope someone can help.
  5. Hi Apologies in advance if this is the wrong part of the forum to place this. Seemed most appropriate place. I took out a 5 year fixed rate mortgage in Feb 2007 with NR. It was a 5.69% 'Help with costs + fee remortgage fast track'. It reverts to an SVR in Feb. I owe approx £216,000. The property is in Belfast and although once 'worth £280,000', it would now struggle to sell for £160,000. Basically i am about £56,000 in negative equity, with further falls on the way, with no hope of remortgaging. At the moment i am paying around £1,050 per month. When i got the key facts document originally, i completely misunderstood it. At the time the BoE base rate was 5.25%. The key facts form said that after the 5 year term the mortgage would revert to a SVR: "a variable rate, currently 7.34% for 2 years. Thereafter, a variable rate, currently 7.34%, with a discount of 0.25% thereafter, giv ing a current rate payable of 7.09%" Stupidly i assumed that if the base rate was 5.25% at the time, then the mortgage was essentially reverting to base rate + 2.09%. I know many people with other mortgages, stuck on standard variable rates. They all seem to be paying base rate + 1.75% or thereabouts. Have i misunderstood something? why is the NR SVR so high? I recently rang up to enquire as none of their documents told me how they calculated the SVR, or how or why that would go up. I had assumed it was pegged to a certain % above base rate. The guy i spoke to said the SVR is 4.79%. When i pushed him he spoke to a manager and confirmed that the SVR is 4.29% above base rate. Basically, in Feb next year, i will temporarily go down to £862.20 pcm. I had assumed it would fall much lower than that. In a few years time, the base rate will go up. The Northern Rock guy confirmed to me that it would go up by Base Rate + 4.79%. Surely that can't be right? Do they use another way of determining their SVR? at 5% base rate i'll be paying 9.29%, nearly £1700pcm. Long way off but i'll be repossessed for sure... no hope of me every remortgaging in the next decade...
  6. Thank you cerberusalert and durkin Do i have a right to ask for decision makers email addresses? its just that they repeatedly deny receiving my letters and at least with an email and a recoreded delivery letter, i might have more proof. I think i might send them one more letter/email, and if no luck, complain to the ICO. I have no idea about making a legal claim against a bank for damaged credit reputation. I never heard of that. Surely it is very costly and a bank would just delay it and delay it? But i'll search on here to see what thats about. Should i also complain to the ICO they only sent me statement copies? do i not have a right to all the other communications (copies of calls logs, internal messages, letters to me, etc)? if i did it might help me prove my point. Statements don't really help as they don't tell the full story.
  7. Hi Sorry guys if this is the wrong place for this. Basically - longwinded story but the short version is i have i loan with First Trust which they are repeatedly reporting to credit reference agencies is in arrears (every month), despite the fact i haven't missed a payment and they acknowledge this! They refuse to stop doing this until the loan is settled, which is 9k, and this will mean years of crap credit despite always paying. Understandably its ruining my plans and is deeply unfair but the longwinded version might help someone give me some advice. I moved from Northern Ireland to Liverpool due to business. At the time i had two small personal loans with First Trust (Northern Ireland branch of Allied Irish Bank i think). I also had a current account which previous wages went into and then serviced the loans. When i moved i found it impossible to deal with First Trust. No local branches, so couldn;t get stuff done face to face etc. They refused to change my address and wouldn't accept COA by post. I wasn't going to fly over to Belfast just to change a bank account, so this saga went on. Numerous letters were sent but they always denied receiving them or told me i'd be best coming in to a branch (Arrgh!). I started using Halifax for personal accounts so income never went to First Trust. This created the problem of servicing the loans. I had to post Standing Order multiple times but they denied receiving them. I fell in arrears because i thought they had it sorted, and what with going abroad, it got screwed up. When i knew, i settled by phone and complained. Eventually i got contacted by some credit control guy and after much arguing it turned out that they were sending letters to my prior address (since they refused to change it despite lots of letters) - and had decided to convert the two perosnal loans into a consolidation loan, and set that up with my new Halifax account. He ASSURED me that there would be no effect on my credit and he would ensure that past missed payments would not impact my credit report. All good so far. Fast forward a year and i apply for credit. They knock me back because i am in arrears. I never had a record of the guy i sorted things with. I write twice to complain, eventually get short reply saying that i am considered in default due to missed payments on the PREVIOUS loans, but they acknowledged i was up to date with the consolidation loans. I ring to clarify this, and they are adamant that they are within their rights to keep reporting that i am in arrears, every month, "until i settle the loan" . That would be 4 years at the current rate. In the meantime lots of things i am trying to do, including in my business life, are being affected by this. Now bear in mind i am asking them - what do i need to pay for previous missed payments in the other loans, were they not settled by the consolidation??? no i am up to date, but if i have a problem i should settle the loan... I tried to read on this site for advice, and in the end hit them with a complaint letter and a SAR. In the SAR request i made it quite clear i wanted copies of correspondence, call logs, notes made on the system etc. They sent me two letters. One from some muppet saying they were investigating my complaint (6 weeks on no news), and a big pile of statements in response to the SAR. Statements only nothing else. All i wantfrom them is: stop reporting me being in arrears when i am paying you every month and you tell me i owe nothing! contact experian and get them to remove the 12mths worth of unfair and incorrect default notices let me pay the balance of the loan in peace without ruining my credit (and my business plans) What should i do next? i am exasperated with them and feeling a bit powerless as to my next step. I hope someone has had the patience to bear with me and read this, and has some guidance for me! Thanks for listening! Yours Frustrated Ulsterman:-x
  8. Hi I bank with First Trust (part of AIB). My employer was late paying me by nearly three weeks Several standing order and direct debits went unpaid - a total of 9. They are charging me £38 per item. Thats £342. Additionally, i have a mortgage and a second loan, both are now charging me £30 per attempt to collect. They have both tried twice since my money went in - so they are adding £120 total. I know the mortgage lender is, second charge same group but can't get through their call handling computer (robot answering doesn't understand my N Ireland accent). The lenders said part of T&Cs, 'but don't worry, its added to your loan balance if you don't wnat to pay it straight away' (thanks for that) The bank worker was unhelpful but got an account manager to call back. He said nothing doing, wil have to pay. I said what about this unfair bank charges scandal? he said, completely fair, read your contract, not his problem. Nearly £500 in charges for my wages being a couple of weeks late... surely thats not right? i can't afford it. This could push me over the edge (financially i mean, don't worry not going to top myself - yet!)
  9. Just to add again. How can the council chase someone for a council debt 10 or so years ago, and refuse to provide any proof? Just say - 'its your debt cos we say so'? How can it be that the first thing the alleged debtor knows of this, after a decade, is from a bailliff threatening to take stuff from their house and adding huge fees for every letter and phantom visit? The council haven't satisfactorily proved anything, and only gave it a 'token' investigation, and both council and bailliffs refused to provide any files. Do the Data Protection laws talked about in this forum not apply if its a council debt? CAB are 6 weeks waiting time. My friend TDL is not getting any help in this matter - can someone at least recommend a specialist solicitor in these matters? One final point. TDL appealed a council tax bill of £800+ for a house he was waiting to move into while the council did it up. Upon appealing it was reduced to half. Upon appealing again it was reduced under £170. This was all over the last two months. Then all this nonsense from the past came up, out of nowhere - suddenly 3 Bailliffs letter arrived out of the blue, same date on each, and a charge for each and threats of imprisonment etc. This within a week or so of the Council backing down and finally charging the correct amount for their current property. Call me a cynic but I think someone got their knuckles rapped over that first fiasco, and decided to try some form of petty revenge... Please any help most welcome!!!
  10. Update on behalf of TDLiverpool: The council refused to send any information requested under the Data Protection, as did the Bailliffs. The council actually told the bailliffs to get back on the case before informing TDLiverpool. The council did not contact TDL, the first TDL knew of it was when the bailliffs sent a letter, on Wednesday last, claiming they had visited, seen something of value, and were going to scoop it unless TDL paid up. The council were very dismissive on the phone. A secretary acted like a gatekeeper and refused to let TDL speak to anyone else, saying the matter had been investigated to their satisfaction, passed back to the bailliffs, and that was that. Any specific questions, this woman refused to answer, repeatedly saying 'its been investigated', and refusing to be any help whatsoever. This was over Thursday and Friday last week. On Saturday TDL finally got a letter from the Council, with a very badly worded and confused 'explanation' - claiming where the debts came from - and provided evidence supposedly showing where the debt came from. But they evidence used a different reference number and appeared to show the balance was paid. At least the numbers were different than those in the letter itself. The whole way the letter has been drawn up, is muddled, bad grammar, and self-contradictory. Its like they told the bailliffs to carry on with their job, and threw this piece of rubbish together as an afterthought. So the whole thing is very confused. The local MP has been no use whatsoever, the council obstructive and confused, and in the meantime the bailliffs are harrassing my friend. Every day they seem to add charges for letters and phantom visits, which when challenged with the council, the council provided a sheet of paper outlining the charges they had agreed with their certified bailliffs. The whole attitude is, "we've investigated, you're wrong, pay up or you'll end up in more debt." It stinks. And I am really worried about the stress my friend and his family are under. Any advice on where to go from here would be very welcome. Kind Regards A
  11. How did you do that? through solicitor or letters or phonecalls? how much was the reduction? how easy was it, and how long did the process take? Cheers Bona!
  12. Zander, with respect, everything you wrote is common knowledge. Also, 'i don't think' doesn't help me at all. The purpose of the post, or anyone else posting with a problem for that matter, is to get definitive yes/no answers, explanations, and an outline of the best way to proceed. Everything else is empty words not helpful to me or anyone else reading. I was really quite specific in the detail... did you not read that if the lender doesn't allow the sale, I get repo'd, the house will cover the mortgage (if I am lucky), but highly unlikely to cover ANY of the 2nd charge debt? Any specific advice would be very welcome... (Zander, i don't mean to be sharp, so apologies in advance - just desperate for concrete, meaningful advice!)
  13. 12k loan, selling price agreed will only pay 2k of this, so really I would be asking them to unsecure 10k and pay them off the first 2k. I think thats what you meant?
  14. Hi My mortgage company is going for repossession. Its slipped onto a painful variable rate and due to a few mistakes, my credit rating is low and I have difficulties remortgaging. I have a secured loan also. I have suffered a drop in wages and cannot afford both. Last attempt to remortgage, the valuation came back that I owed 95% of the value of my house. They then turned me down. Surveyors are so pessimistic at the moment, they downvalue everything. Why is that? I don't want them to repossess, because i know auction halls are nearly empty, yet loads of repossessions. Local auction near me, everything was going for around 70% of its value, so I believe. If this happens to me I'll be chased for a shortfall, a big shortfall.... I have agreed to 'sell and rent back' my house, and this company got a valuation, and argued with the surveyors to get the valuation up (above what my valuation was a month ago). So my rent, which is fixed over a long period of time, and I have another contract guaranteeing me a long tenancy, is affordable and i can stay in the house. The only thing is, secured loan is topping the sale. I really need advice on how I can persuade them to 'desecure' the loan. I'll happily pay it as a personal loan, just with fees, admin charges etc can't goin on like this. I'll get repo'd and they ill get nothing. can they not see this? how can I get them to agree to unsecure the loan? Help!
  15. I have a few questions for experienced forum members: If the debt is so old, can it not be struck off completely? is this not 'Statute of Limitations' law - heard of it but don't know where/what specific part to loo for/what letters to use... does this apply if it is a council tax debt? If yes, what is the procedure or form letter that will assist this? Should TDLiverpool request all files under the DPA legislation? If yes, from whom - the Council, the DCA (DCA = 'EQUITA' by the way) or both? I do not know how they expect anyone to prove they paid or not, so long ago, who keeps records that long? well maybe me from now on... if the Council cannot provide proof, surely they cannot chase the money? Given that 4 letters arrived on the same day (all dated the 11th March) and 5th letter arrived yesterday - is it legal for them to add so many charges for letters and calls? If TDLiverpool checks his credit record, and there is no CCJ for this, surely the letter (which threatened breaking in and taking all good, then applying auction and bailiff fees, and 'recommending imprisonment') -is completely illegal and already harrassment? What can be done about that? It has already caused severe distress, and absence from work - can these people not be sued for this behaviour? Can TDLiverpool not just refuse to deal with the DCA and ignore them, dealing solely with the Council to get this investigated and resolved? Can anyone suggest a step-by-step plan for TDLiverpool to try to resolve this? Would appreciate people understanding and help. The last point about hand-holding TDLiverpool through this is the most important. If you can help on ONE OR MORE of the specific points above - or add any other relevent advice - it would be really appreciated... Thanks for help already received. Michael the letter above is brill and I am sure will be put to good use today!!! This has caused a lot of distress in the family and it is very daunting to try to pick-and-choose various bits of advioce scattered throughout this forum, as some advice may not be valid anymore or might be plain wrong... PLEASE HELP:|
  16. Hi, hope its OK I relocate the following request for help, on behalf of a friend of mine (tdliverpool, who will follow this thread soon!). It was mistakenly put in the Welcome tot the forum section. Its related to certified bailiffs (Equita) and alleged council tax arrears - so hope you can help. tdliverpool wrote: Hello everyone, this is my first visit to this forum, I am here because i need some help and advice with regard to Council Tax Demands that i recieved last week, so if anyone out there can give me a step by step guide as to what i can do to resolve this issue, i would be eternally gratefull. Last week i recieved an envelope from a bailiffs with three demands for Council Tax (all three letters dated 11/03/0 saying i had not paid my Council Tax for the years 1997-98-and 99, and totaling £2428.00, i phoned the Council Tax and told them i HAD paid for those years and the lady said i would have to put it in writing, which i did, and took it down to the local one-stop office, i explained to the lady that we left the property in question in May 2000 after aquiring a mortgage for our new address, and that when i rang the council tax to tell them we had moved, and they asked for my old address, which i gave them, nothing was said about any arrears, because there wern't any, i also explained that any such arrears would have shown on my credit check for my application for the Mortgage, she agreed to this and said she didn't understand it. I then rang the bailifs and told them that i disputed the claim but they were not interested,and the action i had taken with the council would not stop them taking action against me, and that the longer i left it the more charges would be added on, so i offered to pay them a hundred pounds a month untill it was all sorted, because i did not want all these charges added on, he agreed to this and asked for money right away, i said i would start at the end of the month when i get paid, (hopping it will all be sorted out by then) so he agreed to this, and yet, to-day, i had another letter from the bailiffs saying that i hadn't paid and that they were comming to my home in the next few days to take all my belongings for auction. Why has it taken up to ten years for this to come to light?, how did i get a mortgage if i suposedly had so much Council Tax arrears?, and why did they not do this when i informed them of my changed address eight years ago?, the one stop office said that they do not know, but i still owe the money. I am awaiting a reply to my letter from the Council Tax Office, but in the meantime, can anybody please give me any advice.
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