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Everything posted by subprimevictim

  1. Just what I was thinking. Would you say FOS is a better option than the Small Claims Court?
  2. Thank you for your advice so far. I have today received a reply from Redstone/ Melanite saying I am not entitled to a refund of interest as my account has been arrears since 2010. This is their final response. Is this correct, and if not what can I do next please? Thanks again.
  3. Thank you. Could you tell me please whether the 8% stat interest is calculated on the total, or on each monthly payment? Thanks.
  4. Further to my original post, I have now received a refund from Redstone/Melanite of £1273 which they have credited to my arrears. They have sent me a breakdown of amounts overcharged each month from 2010, however there is no interest added. Can someone advise me please whether I am entitled to interest and if so, how to calculate how much I am due? Thank you.
  5. Has anyone else received a letter from Redstone (alias Melanite) Mortgages stating that the FCA has ruled that they have calculated some customers' monthly payments incorrectly since 2010 and that those customers are due compensation? If so, has anyone received compensation or a refund yet? I received such a letter stating that I was one of those who had previously been overcharged, but with no details of how much I would be refunded or when. It stated that my account has now been recalculated and my new payment will be £6 per month higher! I rang them for more information and was told yes, I would receive a refund by cheque, but they could not tell me the amount. Then, after being put on hold for a long time, I was told that actually I will not be getting any refund as my account is in arrears. Instead, they might adjust my arrears, again no idea how much. All completely vague. I then demanded a letter from them giving a complete breakdown of figures showing how much I have been overcharged and how much will be refunded, including interest. The employee agreed to but seemed clueless and uninterested. I also stated that if I do not receive this information within 2 weeks I shall contact the FCA and let them know that Redstone/Melanite has not complied with their ruling. It also seems suspicious that Redstone changed their name to Melanite, and sent out letters telling customers that their mortgage had been transferred to this new company, at the same time that the FCA ruled they were in breach. They are pretending Melanite is a new company, yet their address is the same, the employees who answer the phone are the same people, and even the recorded message is identical.
  6. Yes - they are saying that they only took over the Southern Pacific mortgages from a certain date and that mine is too old.
  7. Yes I knew someone would say this, and I know it's a waste of money using a CMC. I have reclaimed PPI myself many times in the past, but this time I just didn't have the time to spend on filling in forms etc. if the claims company cannot get any money back for me on this one, the chances of me being successful would be zero. Does anyone have a reply to my query please?
  8. Please could anyone advise me on what to do next regarding this, as I seem to have run up against a brick wall. I bought my previous property in 2000 with a mortgage from Southern Pacific. The mortgage was redeemed in February 2004 when I sold the property to my son, who also took out a mortgage with the same company to purchase it. My son failed to make the mortgage payments and the property was repossessed about 2 years later. I no longer have anything to do with my son. Recently, I decided to try to claim back PPI from my earlier mortgage. I no longer have any paperwork relating to that mortgage, as it remained with my ex - wife when we sold the property. All I have is bank statements showing monthly payments being made to Southern Pacific, with a reference number which I quoted to Acenden when I made my claim. Acenden stated that they had no record of me ever owning the property or having a mortgage. The only details they kept coming up with were my son's. Despite explaining that I owned the property prior to selling it to my son, and that my initials are different, they could find nothing. Until a further phone call about 2 weeks ago when - at last - they stated they had found my details and gave me an account number, and promised to send my paperwork to the company dealing with my PPI claim. Then a few days ago, I received a phone call from the claims company. Acenden had sent them all the paperwork relating to my son's mortgage. I then phoned Acenden again, who stated that they have no record of me and my son's details are all they have. So back to square one. What can I do next to prove my mortgage existed, and have they committed a breach of the Data Protection Act in sending out paperwork relating to my son to a third party? Any help greatly appreciated. Thank you.
  9. Thank you for replying. I would like to try the court route, but cannot afford to be hit with costs if I lose.
  10. A word of warning to anyone thinking of trying to reclaim unlawful arrears and other charges - don't waste your time. I was told by the Financial Ombudsman Service today, in response to my claim against Redstone, that the company is entitled to do whatever it likes, and charge whatever it likes, because I signed for it. So the fine imposed on Redstone, Kensington and others by the FSA for unfair treatment of customers doesn't make a scrap of difference. Neither does the fact that Redstone commenced repossession proceedings against me in 2008 despite being informed that I was about to start 2 new jobs. They are entitled to do that too, thus adding approx £700 to my "mortgage" balance. And even though the FSA ordered them to refund unlawful arrears charges to customers, they don't have to if they don't want to. I had planned to issue a court claim against Redstone if the FOS did not uphold my claim. But there is no point. The judge will obviously say the same as the FOS. So, as always, the big powerful company can do whatever it wants and no-one will help the individual. You make one mistake in signing for this sham of a "mortgage" and you pay for it for the rest of your life. Subprimevictim
  11. Thank you for your replies. I am resigned to paying Bristow & Sutor their lawful £42.50 fees, but that will still leave around £50 of their unlawful levy fees outstanding, for which they will presumably keep visiting me for and maybe levy on something else? Ploddertom - yes you are right in assuming that the car has gone on a little holiday! But it will have to come back sometime..........and how can I stop them taking it apart from giving in and paying what they want? The council sounded reluctant to put in writing that the Liability order has been discharged when I requested that; they just said they will send a copy of my bill showing nil outstanding.
  12. I had a liability order against me for unpaid non-domestic rates. I had 2 visits from bailiffs, did not let them in of course, and subsequently paid off the outstanding non-domestic rates in full directly to the council. That left the bailiff's fees of £42.50 for the 2 visits. After a while I received a letter from Bristow and Sutor saying that I still owed their fees. I rang the council and was told that the liability order had been satisfied and my outstanding debt was zero. They confirmed that they had not paid Bristow and Sutor's fees out of the money I had paid to the council. I am reluctant to pay Bristow and Sutor one penny of their fees, as they defrauded me 3 years ago by forging my signature on a walking possession order. Yesterday, I had a visit from 2 more bailiffs who left a Notice of Seizure of goods stating that they have levied on my car. I have read on these forums that bailiffs are not allowed to levy or seize goods for costs alone, as the liability order is no longer valid. I then rang the council, to be told again that the liability order is settled, but that bailiffs can recover their costs by whatever means they wish. The costs have now risen to £91. The council suggested I make an arrangement with the bailiff to pay, but I don't want to do so if the bailiff has acted unlawfully. Please can someone advise urgently? The council are not interested and the notice states that I have 5 days to pay but the car can be removed at any time. I still feel they have made an unlawful levy, but I don't know what to do about it.
  13. No I have not. Why would I? I would like to see every sub-prime loan company closed down and to suggest that I have any connection to them is an insult.
  14. Carry on as you are then. Why ask for advice when you won't accept it?
  15. Hi all, I have a debt with Redstone (they call it a mortgage). I have read through the FSA ruling on which fees and charges can and cannot be reclaimed, but could someone please clarify whether the £50 monthly arrears fee can be reclaimed when there was not an arrangement to pay in place at the time? Any advice would be welcome. Thank you. Subprimevictim.
  16. Yes, except for the Martini Henry, which is a rifle which can be converted to fire modern day bullets. But all pistols over 100 years old do not require a Firearms Certificate.
  17. Hi, I am a collector of Antique guns and no, you don't need a licence for your pair of duelling pistols as they are over 100 years old.
  18. Do as I do - cancel the direct debit and pay by debit card each month. Why let these vultures help themselves to your money?
  19. Yes, with hindsight I sincerely wish I had sent it recorded. I know these people can never be trusted, but they always seem able to stoop that extra bit lower than you expect.
  20. I thought other customers/victims of Redstone Mortgages might like to know of Redstone's latest ploy to get round the FSA ruling that they must stop the £50 per month arrears fee if the customer sets up an arrangement to pay the arrears. They are deliberately making it difficult for the customer to set up an arrangement. They tell the customer over the phone that in order to make an arrangement, they need an Income and Expenditure form filled in by the customer, with 3 months bank statements and pay slips. When the customer phones about 2 weeks later to make a payment and check the payment offer has been accepted - surprise! They haven't received the form. It must have got lost in the post. So unless you have kept a copy or want to do it all again, they can carry on happily charging you £50 per month. In my case, I find it very hard to believe that they didn't receive it, as I also sent a letter of complaint about unlawful charges on the same date, which they have received. Anyone else experienced this tactic?
  21. Hi MamaG1, and thank you for your reply. The FOS didn't really help at all; they got Redstone to offer me a refund of £150 as full and final settlement, which I declined. You make an interesting point in saying that the company might have bribed the lawyer not to defend me. I hadn't thought of that, but it wouldn't surprise me at all. If I can find a lawyer willing to help me, I would be entitled to legal aid, as I am on Pension Guarantee Credit. By the way, I made a mistake with the date in paragraph 6. The claims companies are all telling me that they can only help with mortgages taken out before October 2004 (not 1974)! Apparently mortgages became regulated after this date so nothing can be done. Does anyone know whether this is true? If so, why did the first lawyer not tell me this? Thanks again for your interest.
  22. If anyone could advise me on the following it would be much appreciated. I have a "mortgage" with Beacon Homeloans/Redstone and have been fighting a battle against these sub prime sharks for the past 2 years, but now feel I have no ammunition left. I had my mortgage agreement audited by a solicitor who found it to be unenforceable on the grounds that the APR was incorrectly stated, ie 10.1% instead of 10.3%, and possible other breaches. He subsequently wrote to Beacon Homeloans asking them to agree that they would not enforce the Agreement. Needless to say, they did not respond. The solicitor then told me that he would apply to the court for a declaration of unenforceability. Nothing else happened for a few weeks, I suddenly received an email from the solicitor stating that, as my claim was on a conditional fee basis, the funders had decided not to provide the funding, even though it was a good case. I have been in arrears with Redstone for some time, and so far have managed to hold them off by informing them that the agreement is in dispute, whilst continuing to pay what I can afford. No doubt they will soon find out that my dispute has fizzled out and will come down on me for repossession. I have tried to find someone else to act for me, but keep being told that nothing can be done as the "mortgage " was taken out after October 1974. (It completed on March 31st 2007) I know that several other things are wrong with this mortgage as well. I was charged an arrangement fee of £995 by Beacon Homeloans on completion, and another £995 by Redstone when it was transferred to them the following day, which Redstone tell me is another arrangement fee! Why do I have to pay an arrangement fee to Redstone, when they did not arrange anything, but simply aquired it from Beacon? There is also a charge of around £500 for court fees from an adjourned repossession hearing, for which I was never given a breakdown. There are also numerous arrears fees which the FOS says are quite fair, but I have not yet approached them regarding the APR or the arrangement fee charged twice. I have found the FOS useless in the past, but they may be the only option left to me now. If there is anyone out there who has been in a similar situation and succeeded, or if a solicitor is reading this and is not afraid to take it on, I would welcome any help you can give. Why should those of us who were duped into a sub prime mortgage because we were not told what they entailed, have to suffer for it for the rest of our lives?
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