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HomerJSimpson

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About HomerJSimpson

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  1. On what basis is only part of the charge reclaimable? Maybe the FOS would award partial refunds of charges but in my experience if the lender cannot prove the charge is fair and reasonable (which they cannot), then the County Court will award you the full charge plus interest either statutory 8% or at a restitutionary rate.
  2. It seems that this issue is rearing it's ugly head again. "Dave" - "We are all in it together", our unelected leader maybe giving directives for Councils to collect the Poll Tax that was ultimately Maggies downfall. Liverpool City Councill are chasing Poll Tax debts in a bid to balance their books. (Yes I know Liverpool Council are Labour). Liverpool City Council have today told the BBC Radio Merseyide that they can persue unpaid Poll Tax bills because they obtained liabity orders on them all. If you believe that they didn't then you must provide proof that you paid your poll ta
  3. It seems that this issue is rearing it's ugly head again. "Dave" - "We are all in it together", our unelected leader maybe giving directives for Councils to collect the Poll Tax that was ultimately Maggies downfall. Liverpool City Councill are chasing Poll Tax debts in a bid to balance their books. (Yes I know Liverpool Council are Labour). Liverpool City Council have today told the BBC Radio Merseyide that they can persue unpaid Poll Tax bills because they obtained liabity orders on them all. If you believe that they didn't then you must provide proof that you paid your poll ta
  4. It is almost certain that an adjudicator will not give you the decision you want - ie side with the mortgage company. You can appeal to an actual Ombudsman but again this is somewhat dodgy ground. The FOS are at best hopeless, and at worst completely useless, but they do mean very well. Thankfully the Courts are more reliable. As long as you prepare your case properly the issuing of a Court claim should give a good kick. They aren't bothered about you going to the FOS, they know they're hopeless too. But they aren't so keen to go to Court, least not as Defendants.
  5. Imagine her delight when she received the following letter from Northern Rock........ Dear Mrs Simpson, Thankyou for your complaint about your PPI. I understand you believe we mis-sold you this cover when you applied for an unsecured loan with us. I am sorry you feel you have cause for complaint. In line with our Internal Complaints procedure, I have reviewed your complaint and looked thoroughly at all aspects of your sales file. Included in your file is a copy of your Credit Agreement which forms the basis of the contract you have with us. It is clear, from looking at the Agree
  6. When the missus and I got together, we both had a mortgage and a house each. We decided that the missus would sell her house and we would keep mine. After she sold her house we SAR'd Northern Rock to see how much they had ripped her off. Although we found she had indeed been ripped off, we were getting married last September and she wouldn't let me take any action against Northern Rock at that time. However after the wedding and honeymoon etc I dug out the SAR from Northern Rock and wrote them the following letter (on behalf of the missus of course).............. Northern Rock R
  7. Hahaha, you are the funniest poster I have seen for ages. Pepipoo has outed you as a muppet, but you are still here. Do you really think anyone believes you? Muppet... HJS
  8. Counsellor visits should indeed be made via timed appointments. After all it is fair and reasonable to let you know when a counsellor is going to call at your front door. Unfortunately some lenders don't see it that way, instead believing that they must merely inform you of their intention to instruct a counsellor. They can then go ahead and charge you for this visit (the timing of which is unknown to you) even if no contact is made, or perhaps no actual visit takes place at all. My current lender is in receipt of my strict instructions refusing any such visits they may wish to make. The
  9. Hi all, I can't get my head round the rules and regulations brought in by the FSA's regulation of mortgages from 31 Oct 2004. Looking around CAG and some other places, it seems that any first charge mortgage taken out before 31 Oct 2004 may have lost many of their consumer rights. That cannot be fair by any stretch of the imagination. If the FSA gained regulatory powers for mortgages on this date, surely that regulatory power is in respect of the mis-selling of a mortgage after their regulatory status was introduced, rather than the administration of a pre-existing mortgage cont
  10. So are they not bound by any of the fairness aspects of the FSA regulations contained in MCOBS? If not then surely they should be. The Mortgage Code is now obsolete, so does it follow that any first charge mortgages incepted prior to 31 October 2004 now have no course of redress? The ConDem coallition are proposing FSA regulation for all second charge mortgages and secured loans. It seems unbelievable that there may be loads of first charge mortgages pre Oct 2004 that have no rights to regulation or restitution. Confused... HJS
  11. Take the **** that are GE Money to court and get all their arrears charges, counsellor visit charges and failed direct debit charges back.8-) It's easy to do and Eversheds (GE's solicitors) are hopeless.
  12. Hi BAE, I haven't had my success yet. GE and Eversheds are now offering me all the money on the claim form and no confidentiality clause. They are still being and refusing to clear up the mess they left on my credit file, so I still haven't accepted their offer. They now want to give mediation a try. I want to see them attempt to reach some common ground in agreeing the unlawfulness of the charges. We'll see. I think Eversheds are a little confused....... HJS
  13. What is one of these then? http://img651.imageshack.us/img651/5409/underwritingsheetsafe.jpg Obviously I took the liberty of removing my personal data. I would be happy to pm you a copy of the original if it would help your case. HJS
  14. I believe that post 23 is seriously mis-advised. S140a and b of the CCA will definately help claimants, as long as these sections of CCA are relevant to the dates of the mortgage. (Are S140a and b of CCA applied retrospectively?), as will MCOBS regulations. Not sure what the date of taking out the mortgage out has to do with anything. Surely the dates the mortgage was in force are more relevant. However UTCCR Regs will still help a claimant as charges are challengeable per Regs 5,6 and 8. Charges may also have been misrepresented, and the penalties aspect of these charges could well still
  15. What guarantee did the OP get with the R519? I'm asking because I bought one from argos with a 3 year Samsung warranty.
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