Hi all, I have read in a few places where some mortgage brokers tell you that the only mortgage they can get you is a bad credit one because of something on your credit file. Well to cut a long story short actually its just the story lol. Back in 2006 myself and my partner applied through a broker to buy our first property which is shared ownership. We knew that we would not have a whole market to choose for mortgages due to the type of purchase. First we were made an offer from Leeds Building Society at a good rate. We were both really happy. A few days later the broker told us Leeds had changed there mind. When i asked why she said she didnt really know but mentioned about an outstanding debt on my credit file for approximately £250. I asked if she could clarify further i think but she said they would not tell her anymore. I didnt that would really affect a mortgage but hey i had never purchased a house before. The next product and only product she claimed to be able to offer was from Preferred Mortgages at a much higher rate. Of course we accepted this offer as we really wanted the house. I feel that she played on the fact aswell that we only had a limited amount of time to decide or the house would have gone as it was first come first serve for the shared ownership. So anyway we accepted the offer and got the house. A few months into the mortgage we got into some problems and preffered were not interested in helping and just took us to court. We managed to get away with a suspended repossession order and have made all payments since. We now both have a bad credit rating which before we didnt. I read recently that some mortgage brokers have conned people into thinking that they can only get a bad credit mortgage because of something on there record. It has since played on my mind so today i called the Leeds Building Society and they told me that they had accepted the mortgage with no problems and was waiting for the application to be returned. They just assumed we did not want the mortgage from them. I am now in a situation of what i can do and how to go about legal action against the broker and i think possibly against preffered because correct me if i am wrong but they have a duty to offer me a product that is suitable to my needs and this clearly was not as i did not have bad credit. Can anyone advise on my legal position and what to do next? I have also seem info that suggests a mortgage can be deemed unenforcable for reasons of providing a mortgage that was not suitable? Many Thanks Steve

If you have a brand new line provided by BT then there is a 12 month minimum term but if you want to activate a disconnected line that is already present then there is a 3 month minimum term. It is all too typical of BT advisors to no be in compliance with regards to telling you the terms etc and i have heard of many occasions when letters do not actually get sent out.

Years ago maybe in 2002/2003 i took out some car finance and was mis-sold PPI for sure as i was told i must take out the policy or i could not have the car and also it was from a car dealer who sourced the finance for me who would not normally deal in obtaining finance for customers. I do not have any of the documents as i lost some of them on moving home etc. I can remember that during the initial loan i could not afford the repayments and asked if i could lower them. The only way they would agree was if i took out another loan with them to pay that one off and start again with the lower payments. I stupidly did it and wonder why on earth i managed to be conned into this. Can someone tell me if i am still able to claim back the PPI and do an SAR even though it may have been over 6yrs ago or very close to it and also is it legally correct for them to tell me i had to take out a new loan just for the purpose of payment back the first one so i could lower my payments.

Hi, I have a checked my mortgage account on my experian credit report as i have a suspended repossesion. The status of it is 8 which shows as a default and the explaination it gives is "The account is in 'default'. You failed to keep to your credit agreement and have not responded satisfactorily to requests to bring your payments up to date, so the credit agreement has ended" surely the agreement has not ended as we still have a contract between ourselves and they should be showing the payments that i have been making each month since the beginning of this year so as not to make my credit report look really bad for the next 6 years and for if i want to remortage?

its by bacs but with the new banking systems it clears the same day. You would think that the bank would see that my wages are paid in every thursday which would solve the problem. Just goes to prove that the charges generated are by computer and no human interaction as a human would notice that kind of activity. I think the banks are penny pinching now due to the credit crunch. Maybe they my £38 to stay afloat lol.

I can change the so date and i told them i was happy to do this to avoid any further problem but they didnt seem to care regardless. I did notice the negative figure on the day but was not concerned as i knew my wages were going in later the same day so assumed it would not be a problem.

Hi all, I had a standing order that was due to go out yesterday but ment my account was overdrawn by £3 for several hours whilst my wages were paid in. Natwest have returned this item unpaid and charged me £38 for this. Each week my wages are paid in on this day and each week this standing order goes out with no problems of being overdrawn. I called natwest and they told me that the money needs to be in the account by the start of business as this is when they take it however i think it shows on my computer in the night. I explained that so long as it is in the account on the same day then its there problem as the money is in the account. They then changed there minds and said it must be in the account by 14.30 on the same day or it will be rejected. Again surely if it is in the account the same day it must be honoured and would be unlawful for them to charge me as there is not really a reason to? Im kinda guessing my response to this maybe that i cannot do nothing because of the pending test case. Many thanks.

Hi all, I have been having problems with my local council and a bailiff company. I have 2x liability order for this year and last years council tax. The bailiff company which the council is using has an expired consumer credit license and have taken under intimidating circumstances £300 from me. I have been made aware that the bailiff company needs a consumer credit license. My problem is that I have complained and the council have said that the bailiff company do not need to have a license as they are collecting a local taxation and this is not a consumer debt. The office of fair trading are refusing to answer my question and say I should read a leaflet "Do i need a consumer credit licence" I have read this and it does not say they are exempt infact does not mention at all that a license is not required for council tax. However I am not convinced just by reading a leaflet especially when it uses term such as "you may need a license" I tried to get some media interest but the council told the paper that the bailiff company do not need a license now they are not interested. Due to other matters arrising i wish to sue the council/bailiff company. Can anyone tell me where i can find something that says in black and white they do need a license or if they do not if it is a council tax debt or for whatever reason? I have seen in a few places on the internet that they need one but not from anywhere that would hold some legal weight. Many thanks.

Hi all, In January this year I obtained a suspended repossession order. I have been paying my monthly payments plus £150 since, Although not on the correct date but still within the calender month. Since the repossession order i have been charged £45 each month by the mortgage company. It would appear that they are charging me this for the arrears that are on account which I am repaying under the order. What I would like to know is whether they can do this as It would seem i am only actually paying £105 off my arrears surely the court would not be happy with this? Saying that i believe the charges are for this as that is all i can see on there tarrif of charges for £45 which refer to arrears of more than one month on an account. The account is due to be paid on the 1st of each month however i pay more towards the end so it does not fall into arrears and remains within the same calender month. I have in the past received the odd letter saying i am being charged £45 for no sticking to a court order which also does not make sense? I am asking this as i have a change of circumstance in which my partner is now on maternity leave so we have a reduced income and would like to try and get the remaining arrears capitalised to the back of the mortgage as i am also due for remortgage and told i will find it almost impossible to get one.

Hi, I have ywo liability orders for council tax for this year and last year. I have the usual fees applied by the bailiff company for first and second visits and i felt intimidated to make a payments one for £100 and then an agreement over the phone to pay £200 per week. The bailiff that i had to agree this with told me he would remove goods from me regardless of whether id let him in. I have complained to the bailiff company and the council and informed the council about possible offences commited and not for complying with regs. I wont go into too much detail but the council have basicially said they wont stop the bailiff company. I have today found out that the bailiff company no longer has a valid consumer credit license as it expired in July 08. I have informed the police of this as an act of fraud has now been commited and have asked my bank for a charge back. I am not sure what i should do now whether i should take the council to court and claim damages of the amount of the liability orders to enable the debt to be written off as they are responsible for the bailiff actions or whether i should take the bailiff company to court for acting illegally as they should not be trading in the first place and are defrauding people all day long. Which is my best course of action. I was happy to pay my tax however i feel i have been treated very badly and have given up being reasonable so see this as an opportunity to teach these people they cannot just go around bullying people all the time? any help and advice is appreciated.

Hi, I have ywo liability orders for council tax for this year and last year. I have the usual fees applied by the bailiff company for first and second visits and i felt intimidated to make a payments one for £100 and then an agreement over the phone to pay £200 per week. The bailiff that i had to agree this with told me he would remove goods from me regardless of whether id let him in. I have complained to the bailiff company and the council and informed the council about possible offences commited and not for complying with regs. I wont go into too much detail but the council have basicially said they wont stop the bailiff company. I have today found out that the bailiff company no longer has a valid consumer credit license as it expired in July 08. I have informed the police of this as an act of fraud has now been commited and have asked my bank for a charge back. I am not sure what i should do now whether i should take the council to court and claim damages of the amount of the liability orders to enable the debt to be written off as they are responsible for the bailiff actions or whether i should take the bailiff company to court for acting illegally as they should not be trading in the first place and are defrauding people all day long. Which is my best course of action. I was happy to pay my tax however i feel i have been treated very badly and have given up being reasonable so see this as an opportunity to teach these people they cannot just go around bullying people all the time? any help and advice is appreciated.

Sorry just to add further that on two occasions they have been round we have actually watched them post the letter and walk away as our front door is straight onto our lounge. On the other visit when i called an questioned whether they had knocked they claim they did but very quietly as it was very early lol

Thanks for that Heathliver. The reason for three visits is that the first two were for last years tax year and this the third is the first letter for this year tax year. On the two initial letters for each tax year it is supposedly signed by a certificated bailiff but cleverly does not have a name. On the second letter for the first year it is signed by a Mr Roberts but does not say that he is certificated so i probably guess he is not. I appreciate what you say about making payments and it only being applied to this years account and not last years but i would cover matter when i make my offer by stating that x amount of my payment would be to cover last years tax and the remaining would cover this years tax. I think that should then not require a letter with every payment as you have clearly stated where the payments should be allocated and if they choose not to do this then surely it would be there problem and not mine. Any coments?

Thanks Elaineh. Hope you get all your problems sorted aswell. x

Thanks for your replies. Any chance someone could give there opinion on this letter i have written which is modified from various letters and some additions by myself. Thanks Dear Sir/Madam, Re Canterbury City Council Ref: I understand that Canterbury City Council has appointed you to recover my Council Tax Liability arrears. Firstly I would like to make you aware that I am fully aware of my rights and you will not gain entry to my home under any circumstances to levy goods and I know the fees allowed under statute and when these fees can be applied. I also feel that you have not acted in accordance with National Standards for Enforcement Agents details of which shall be disclosed in a written formal complaint to Canterbury City Council themselves. I am fully aware that I am responsible for the payment of this debt and I am not in any way refusing to settle the debt. I am simply unable to pay the debt in full at this time. As you are aware it is not a “criminal offence” for me to deny a bailiff entry to my property or decline payment of your bailiff’s fees. The law says I have to settle the original debt but it does not obligate me to do business with you. For that reason I will be making an offer of payment in a separate letter direct to Canterbury City Council. Furthermore I feel that I fall under the National Standards for Enforcement Agents of “Vulnerable situations”. The reason for this is that I am currently 30 weeks pregnant and since you have been visiting my property demanding money I have had increased blood pressure and have on one occasion been admitted to hospital. I now have to be closely monitored as my unborn baby is currently not at the growth size it should be for the number of week’s gestation that I currently am. It is a medical fact that an unborn baby’s growth can be affected by stress and as I have not had any problems during my pregnancy until your bailiff’s started to harass me I feel I would have no problem proving cause. I would ask that you now return this case back to Canterbury City Council. I would no longer expect any further visits from any of your bailiff’s and should any further visits be forthcoming then I shall immediately contact the police and start legal proceeding against your company and Canterbury City Council who are responsible for your actions for harassment and would seek damages for the harassment caused and health implications that I feel has been caused to both myself and unborn baby. Please could you provide me with a detailed breakdown of your fees & charges as I have recently made payments to you for the amount of £300. Please note that a copy of this letter has also been sent to Canterbury City Council for them to place in my record. This document is delivered by Royal Mail and I deem it good service on you by the ordinary course of post under Section 7 of the Interpretation Act 1978 and therefore it is your responsibility and in your own interests this letter is handed to the relevant person within your organisation. I regret I am unable to discuss this matter by telephone or in person. Yours faithfully,

Hi all, Can someone please guide me on the correct procedure to follow or guide me on what the best course of action to take for the following. I recently has a two letters through the door from a bailiff for non payment of council tax. The first was obvisouly he first visit but the second said if i do not pay then they would be back to remove goods with the police. I called them and reluctantly said i would pay £200 per week (the outstanding being £1000). I have managed to make £300 of payment. I did not pay nothin last week as i could not afford to. Since then i have now had another first letter for this years tax (1100 approx). What should i do. I would rather pay the council direct at a rate of my normal monthly due amount plus approximately £100 extra to cover any arrears for this year and last. It must be noted that on all three bailiff occasions they have not even knocked the door once just posted the letters. What should i do? All help appreciated.

What actually was we both purchased the house and all bills are joint including the council tax. We both got a summons to attend court for non payment of the council tax. On the day before i contacted the council and asked if we could come to an agreement and was told that someone would contact me to arrange for an agreement to be setup. They also said they would stop the proceedings for the following day. They said that when i am contacted if i do not keep to the agreement they would take court action again. I was never contacted. What happened is my partner received a letter stating that a liability order was issued. What i think happened is they stopped the action against me but not my partner which leads to me think they have messed up. Since that we have both be taken to court and had another liability order issued for this year but this has since been settled. Hope this helps explain the situaion better?

Hi, Our local council took my partner to court for non payment in Jan '08 and obtained a liability order. We have just received a letter from a bailiff demanding payment immediately. I just wanted to check whether or not the council acted correctly by only taking my partner to court and not both of us seeing the council tax bills are in both names. I was thinking that surely they cannot take only one person to court and hold them solely reponsible for the bill while i potentially just get away with paying nothing? The reason i ask is because i know i have to pay this but would to find a way of getting longer to pay due to a council mistake and therefore not making me struggle beyond my means. Thanks Steve

Thanks for your advice everyone on this. I didnt think id have a chance with claiming compensation but it doesnt hurt to ask. I would be more than interested in knowing how to claim back back my charges as i feel this would remove a good chunk of my arrears so any advice would be great on how to do this. Also just wondered if i am correct in thinking i am no in arrears with my suspended repossession order until i have missed a complete month i.e my payment is due on the 1st of each month and i must make payment before the 1st of the following month? Thanks again.

Hi, Can you someone please please point me in the right direction with the following. In January this year Preferred Mortgages one a case to gain a suspended repossession order against me (this would have been earlier but they forgot to turn up to court the first time). I am currently paying £578 regular monthly payments plus £150 for arrears over the next 24 months. A couple of day after leaving court i called Preferred or should i say Capstone and asked them to setup a direct debit to suit as my previous one was cancelled. They agreed however come the first payment in February i received a letter shortly after stating that the payment had not gone out and charged me £30. A couple of days later again i received another letter stating that as i had not kept to the terms of the suspended order they are adding yet another £45 to my account now totalling £75. I promply made payment by debit card and expressed my concerns. They said they had not setup the direct debit in time and said it would be ok for the next month. Guess what, yep next month came and the same happened with another total charges of £75. Again i paid by debit card and was very concerned that again they had failed to do anything. I spoke this time to a lady who was confusing herself more and more by trying to explain something she was making up as she went along. I then asked to speak to a supervisor so she hung up. I called back and managed to speak to a supervisor and they apologised saying that no-one had setup the direct debit and she would ensure it was done. No problem you would think. Along comes this month and so it happens again. Now i am really angry with yet another £75 charge. This time i have not paid up as of yet as my letter is asking me to pay only £371 as this is all i owe this month. I query this and am told the computer thinks ive paid too much previous and again end up speaking to an advisor that is really not making any sense. By the way they claim my bank bounced the direct debit back this time as refer to payer but my bank have not record of this. Anyway i asked to speak to the supervisor but suprise suprise they have not record of me speaking to one. Anyway i have the name now so will call back. Sorry for being so long winded but this is an absolute nightmare and no one seems to no what i can other than it is my repsonsibility to make my payment. I feel that i am now being discrimminated against and treated unfairly. Does anyone know whether i would have a claim to go back to court and put forward my case and claim cost for stress, phone calls for 1hr plus each and charges etc, etc. I would be looking for compensation in the region of the arrears approx £5000 to teach them a lesson that they canot treat people like this? Sorry again for going on but all help appreciated.