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racyfilly

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Posts posted by racyfilly

  1. I have asked you to stop messaging me

     

     

    if you or anyone else from your 'Team ' continue with your insulting words and untrue statments as to my value on this forum

    I will contact the police regarding your representaion of what I thought was a good site

     

     

    .I have made a formal written complaint about you and other of your site team

     

     

    .This is my final say on the matter please stop messaging me .

  2. I have made a formal complaint about your insinuating and untrue messages

     

     

    ,what a way for you as site team members to behave towards those looking for help and trying to help others .

     

     

    My matters are settled and as part of that agreement I cannot comment further .

     

     

    Other of your members asked for help and who can help them thats all I responded to.

     

     

    Please stop messaging me and stop the online bullying .

     

     

    I have enough stress to contend with without you and your 'team 'sticking the boot in !

  3. The problem is is that people have been ripped off and effectively defrauded by the likes of this company and then once they have lost everything they cant get legal help at all ,its what the loan companies want .[removed] .When people act as litigants in person the cases can fail owing to the complications of the court process and the need for knowledge of case law etc.

    [removed] . There is lots of good help here though which people can use without paying a thing to start the ball rolling .

  4. You can report them to the information commissioners office ICO for not complying with the data protection act but If they have taken any action against you in the past ie a suspended repo on your home then you can apply to the court to force them to produce the documents they need .They appear to be running scared as there are many instances recently of them refusing to provide SAR docs and especially the underwriting sheets etc owing to the seeming high instances of the secret comissions contained therin .

     

    Dont give up there are good threads on here about using the civil procedure rules in court and making an application to force disclosure of what you need .However if it is that there are no proocedings against you it may well be that the ICO route is the only one at the moment .

  5. Yes I understand but I think the first thing to do is obtain an SAR or demand a copy of the underwriting sheet ,failing that you could get a conference or even a telephone call with my barrister or indeed another firm who will speak to you free for an initial bit of advice .The way in which Marc Goldberg took over may well have been unfair and possibly unlawful as he effectively was acting as broker and agent and lender .....i know the loan is unregulated but his actions may well have been fraudulent

  6. also if the judge said in the courtroom he wasnt used to this case you could ask for a transcript or the recording of the hearing they may well be a fee but it may well be worth getting it will also show M Goldberg effectively perjuring himself too .Im sure if a judge isnt used to a type of trial they should stand down and relist for someone who does ...Judge Milwyn jarman tends to do a lot of the financial stuff at Cardiff Court and in the high court ,he was the judge in the Blemain v Bently case .

  7. I undersaatnd how your broker has tried to get out of fiduciary duties but again if a commission was paid you must be told and how much it is not enough to allude to the fact it may be or would be ....you need to know how much owing to plevin v paragon supreme court ruling .....Do you have all your docs from inception of the first loan offer and the second ...soounds like irresponsible lending to me too .Im sure this one is worth you continuing on for . My loan is also an unregulated one however it doesnt matter as you do have the protection of 140 A etc of the CCA and the bribery issues in civil law.

  8. indeed it will and i know or similar casrs with another lender that when dealing with known issues such as a regular occurance of secret commission payment such as this lot do it will be for them to prove they didnt pay one in court with the unredacted underwriting sheet !

    I will be deemed new evidence but could even be a new case .there is no time barring to any whisper of fraud so dont worry about that .You will need legal help though [removed]

     

    [removed] .I think the best way to go foryou in the secret commission the fact they produced and illegible underwriting sheet is proof enough of a cover up .Let me know your thoughts and [removed]

  9. ok well i dont think this is the end for you I know for a fact that another lender is having to deal with 'old'issues and those who have been repossessed and will have to pay money to those they dispossessed based on the huge fraud behind the business .This will be exactly the same .Did you use a broker for your mortgage and have you sent an sar to blemain .[Removed] of [Removed] chambers is an expert at this type of thing and was the barrister in the Wilson v Hurstanger case .I hope this may be of help .Ting is you coul dbe granted an appeal based on new fresh evidence .Do you have a SAR bundle or anything like that

  10. but there is a lot of case law to stop this did you have proof of a secret com

    mision in your case and did you have anyone represent you.

    I know what this bunch are like they really are the worse of the worse .I have some of the underwriting stuff which shows they knew exactly what they were lending me money for

  11. I agree that aspect of it will be brought in to my unfairness claims but i have evidence of them deliberatly concealing the hidden commission and refusing to answer my questions about it ....I have the proof of the commission .I have a good Barrister on board who is well used to settling this type of claim ,I am going for a conference in the next 2 weeks ....what a dreadful shower ,the issue for them is that I have all the documents which they will hope i no longer have including all the monarch stuff too .

  12. Have you settled with them if not could your case be reopened .I have a lot of evidence including valuation rigging beyond what my valuer said ...presumably to increase securitization profits and for the broker to have an even greater secret commission.I have evidence of them redacting and teampering with documents .....pity I have all the original stuff and more .....they will be in for a shock with this lot .

  13. Hi I know exactly what you are going through I was bullied by this bunch whilst dealing with divorce bereavment and ill health ....

     

    However may I suggest you send off for an SAR to them it will cost you £10 the templates are here ...dont be surprised if they refuse to send you the underwriting sheet as this may well show that a secret commission was paid to your broker ....

     

    if this is so then apart from throwing a very big spanner in the works of the repossession process it may well allow you to get the mortgage rescised ie it goes back to the day you took it out less charges and fees etc and loss to them of any benefit whatsoever ...look at the likes of wilson v hustanger and the recent plevin v paragon in the supreme court ....a secret comission is a bribe and dealt with in civil law as a type of fraud .I am currently getting barristers opinion on the second charge i have with blemain .....

     

    but I already know I have a case and as well as that also good grounds for the mortgage to be deemed unfair under section 140A and 140B etc of the CCA (mine is an unregulated one ) if yours is regulated then the mortgage rules should cover you .If they refuse the underwriting sheet you can force them to produce it in court .

     

    Most if not all of the sub prime lenders paid commissions to brokers without clients knowledge this can be enough to void your mortgage .Dont give up !My battle is just begining but I have plenty of damming evidence against this awful company .There is plenty of information on the internet to help you

  14. Hi There

    Please see my other post today bet your mortgage has a secret comission ,I am in the same boat as you but I have proof of a secret comission ,you must get an SAr to get the proof then you can if there is a comission that they havent told you they paid you can claim rescission ofyour mortgage doesnt matter if its a regulated or unreguilated one they will be stuffed .Mt posts are under my name racyfilly

  15. Hi All

    I have recently checked over my SAR documents and found a hidden comission blemain paid my broker !!!!

     

     

    As well as this they have levied huge and unfair chrges on my account and used the inhouse monarch recoveries

    to supposedly recover the debt whilst charging exorbitant fees .

     

     

    I shall be using the principals in Wilson v hurstanger and the recent plevin v paragon supreme court ruling to obtain rescission

    as well as damaged and losses as per section 140 A and B of the CCA (my loan is unregulated )

     

     

    This company are dreadful and during a time when I had small arrears owing to dreadful family circumstances

    they tried to repossess me many times .

     

     

    I now have no arrears and have agood payment history despite this the loan has hardly reduced at all .

    I have experiences extreem rudness from the staff there but now is the time to fight back

     

     

    .My advice to anyone is to obtain the SAR and look carefully at the underwriting sheets

    ,if they do not send them demand them

    ,most of their mortgages will have some sort of hidden commission present giving you all the opportunity to demand rescission of the mortgages

    ,this means the mortgage contract is voidable and you go back to day 1 less anything you have paid and all fees and charges removed .

    They will wriggle but it is very worth the fight .

     

     

    This company have a terrible reputation for customer treatment and setting up loans to ensure people fail .and allow them to repossess.

    This is the legal way forward but the SAR is very important .

    They will also try to pass of that they have conditions in the mortgage paperwork that invite you to ask about a commission paid or that they may pay a commission

    .....this is not enough to get them off the hook so dont be daunted .

     

     

    Any commission has to be told to you by the broker and them clearly and concisley if they dont it is considered a bribe

    to induce the broker to put business their way and without proper consideration for your needs as a customer .

  16. Some surprising and concerning information is leaking out that Commercial first are adopting a very blase attitude to the secret comission and bribery issues ........despite there being a large and mounting number of cases against them including claims for those customers who were reposessed by this bunch .One wonders if the blase attitude will wash in the high court .

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