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  1. Am i right in believing this .. ..we hold a mortgage over a property. We purchased it in say 2006 for 140k, sub prime mortgage for 120k. The markets collapse reduce the value to 70k, the mortgage company collapse and sell its debts at greatly reduced values, initially some reductions are offered by Oakwood but you are very lucky if you can obtain a mortage in the current conditions, especially when its to replace sub prime. In step the profiteers they buy up the reduced debts and in doing so the effective rights of our properties. They then start the game, add as many cost as possible, increase the debt all under the contract and sort of legal but just add costs, costs and more costs, 19k has been added in two years and backed in a court room in my case. They squeeze as much as possible and then gain control, sell for as much as possible, oh after instructing the house has a make over first but not paid for until sale. They advertise in local press and gazump if they can get an extra 1k. The property sells £88k at profit to them but a massive shortfall to me, i am exposed for a profit of £30k plus all enforcable through charging orders etc and eventually bankruptcy. This is a regualted homeloan. I would say i am lucky i dont live there oh but then there is the charging order. Morals, Britain aint got any left !
  2. There is definately a readdress programme at Oakwood, received a cheque for a small amount of the charges they had allocated to my account. The situation makes me smile, I have had the charges from Oakwood and them receive a letter from the current provider asking if they should get the cheque taken of the fees balance or do i want it repaid to me ? Uh, what type of accounting is this ?? The fees have been repaid should they not be reduced from my balance. I cannot believe a judge backed this bunch of [edit]!
  3. A long story has followed with this mortgage, transferred to Mortgage Title Resolutions, been to court regarding charges and the farcicle management of the account. The judge, although questioned a lot of the charges, deemed them to be fair, even though he could clearly see there had been two returned DD fees in same day !!!! The funny thing is I get a telephone call from Oakwood today, who say they have been trying to contact me, why not just ring in the first place ? Even to the point of sending letters to my old solicitor. The reason to repay charges, can anyone shed any light on this ? It could be the result of the FSA investigation into HML, if so anyone with past or present Oakwood mortgages make sure they have your contact details as a cheque could be on its way !
  4. The majority of the liability is from a business we set up last year it was done on a very small budget but for year one has done amazing and we are getting very involved with community and charity events.The majority of the debt is from the business premises, it includes the currant liability until March 2012. The properties are being marketed as the STA's have finished and when two tennants left. The reason for the problems is a legal battle over a new build which is being listed for a final hearing next month, at last it has been ongoing for nearly 4years. The business would be fine if you removed the other issues we have taken advice and everything goes the priority debts the first being the rent and mortgages. I have offered to secure the debt to which the council have said no because of lack of equity but they have split the equity between me and my partner, life and business, so we are both joint ans severly liable for the debt. They seem to be determind to say the least. We are at court in the morning to hear my application to set aside ! Fingers crossed
  5. Hi All, thanks for the responses. I have been trying to sell properties and handed one back to the mortgage company, it would be prudent but unfortunately not that simple. We tried to keep at least 30% in our portfolio properties in order to absorb any problems, no one warned of the 2008 collapse in the market or that a very well respected engineer would make a very large error with a new build property. I wish it was as easy as sell but it is a catch 22, quick sale low price therefore just about clear the debts nevermind the CT. I have tried to get the SD set aside on the grounds of the fair offers made but i do not expect to get a favourable result. I have dealt with the council before. Will post when I receive a response.
  6. I have received a SD for council tax. I have been in constant contact since March with the council putting various offers to them in order to try and settle the outstanding balance, excess of 10k. This has mainly been built up from a new start business, which is doing ok. The problems come from prior history and my partners job loss, all documented and proven to the council. We have tried all sorts of offers but they would only discuss if we dealt with a bailiff which we refused, thinking if we made payments they would agree a sensible arrangement. I was wrong they issued a SD and want it cleared in 6 months, they have all our information and know this is impossible but have refused an offer to secure the debt and have basically said they are bankrupting me whatever i offer. There is nothing to gain from this action and I have shown them evidence, it would mean we both end up unemployed and applying for council housing we also own 3 family members properties these would all be lost. They are all fairly high ltv so nothing to gain from forced sales. I am at a loss why they are hell bent on making us homeless and unemployed it does not make sense !
  7. Hi all, This is a word of warning to all who are in a difficult position and have decided to go down the road of a CCA request and challenge your agreement. I have today been at court and all I can say is be very very carefull as to how far you are prepared to go ! I have read numerous threads on the forum and have found many people with the same issues, with Capital One especially and the same documents. If you have followed this thread at all you will see the courts have played a large part in this case and yet again they have not failed to amaze, shock and basically leave me feeling sick, physically sick ! I am not sure if my head is in the right place to do this but here we go ! Situation : I had sent a defence, as the judge requested detailing all the points I disputed and I asked for clarification between the two accounts held. Therefore I needed copies of all relevant documents. I sent the defence within the prescribed timescales. Capital One sent nothing, I contacted the court they had not received any correspondense within the time frame and their post was upto date. I did receive notification from Cap1, that they had removed BC from the case. I am then informed that Eversheds are taking over, I contacted the court they had still received nothing. I write an e-mail asking for clarification from the court and basically stating that Cap1 had yet again failed to respond within the timescales and therefore (try my luck), the case should be struck out, on the grounds that they have not answered the initial s78 request with the correct documents, June 2009 and therefore also not complied with the directions of the court. No response. I telephone, it took a week to get to the judge and I will have to wait for a response. Last Wednesday a royal mail parcel left in my bin (where I should have left it), a mass of paperwork over a ream of paper(500 ish sheets) a defence from Eversheds. I phone the court, they have received it as well, will it be allowed I ask ? 'well its in the file so have to see what judge says'. I try to find the time to read and digest the information but silly me did not think it would be allowed and if it is, I would be granted an adjournment in order to fully digest and respond to the paperwork. COURT: The judge starts by saying this is a final hearing and therefore a conclusion will be made today. Obviously my stomach churns at this point. I wait to get my initail point accross. I can see the issue but what is your defence ? Hang on I have not had the time to go through the paperwork I cannot defend it today, but you have had it for seven days !. I try to bring in the point that Cap1 have not complied and have had over a year to respond. ( To try to keep this short as poss, this went on for about 30 mins but guess what), it will be heard today and a final descision will be made ! Why did Cap1 not respond ?. The actual answer ' for whatever reason your honour' ! I am now in melt down ! They start and I scramble to keep up and try to find holes as they go through their witness statement. I had read and spent about six hours trying to unscramble the mess but did not take notes to the court. What would you like to say in defense ? I do not have a defense as I have not had long enough to prepare. Try your previous defence ! Iuse my defence from the previous hearing but it does not make sense as they have introduced the documents but I try to concentrate on the prescribed terms. There is a point made that the agreeemnt is generic I then realise they have used the same agreements for both accounts even though they were started a year apart, so how can the terms be specific to me and generic at the same time the judge agrees and at last starts giving the solicitor a hard time. I find that the charges levied to the account do not agree with the so called agreements, the judge agrees but they counter that they will waiver all charges. I bring in Cary v HSBC and state if the document is reconstituted it should be a honest and true reflection, this is not as the charges differ. The judge agrees. There are other factors, I'm on a roll, the documents sent show agreements confused between the accounts. There is a current copy for one account and the original is for another. I use this to highlight Cap1 confusion between the accounts. We debate how can a document be generic and specific at the same time and the solicitor for Cap1 gets very lost. I think we break for an hour and i suggest you get in contact with Cap1 to clarify the situation ! I am quietly confident at this point and cant wait to get back in. Silly me ! We get back the judge looks a little shady, thanks the solicitor for the copy of CaryvHSBC and asks if they have anything to add. He starts to try and explain the reasons for differing figures by saying they can change overnight up or down ! not clear again. I say nothing further to add but feel that it has not been proven 'beyond doudt' (dont use that line not for this court! probability is the term used !), that the agreement is a true and honest reconstitution. I find the defendant has used a scattergun approach ! (hang on i asked for more time, I did not have a defence to the new statement). I cant remember all what was said as I had to switch of or loose my temper. The judge basically found that my defence was not sufficient, he even changed their paperwork and said he knows it is wrong but its so insignificant, that they send the wrong credit agreement, there is no point in dwelling on facts ! The point that the prescribed terms differ was also to small a detail, they get all they ask for, solicitor costs, court fees etc. Good luck anyone that goes to court against Judges and banks ! Appeal ! no thanks !
  8. Hi, I have confused matters, the charges are all at £12 but every month there is a over limit, missed payment and returned payment adding up to £36. Yes I have to work through and show the terms are missing. The judge seemed reluctant to get into that arguement but with the evidence I have now, it cannot be conclusive, as you have oreviously noted it does not stand the test from Carey Thanks again for all the help its keeping me sane just about !
  9. I need to respond by Wednesday the 15th, the order states firstly ' each and every way in which he contends the agreement exhibit.... to the witness statement of BC dated.....is incorrect and any item in the agreement of the claiment and defendent not included in that document, any item in the said document which was not in the agreement of the Claiment and Defendant'. I have trawled through my documents looking for anything that may help. Firstly the account in question is the original card although I do not have evidence of this, unless I bring my other account into these proceedings. The application is therefore not for this card. The so called terms and conditions show the charges to be £15, I have found a document or leaflet not dated no names or personal information, (All I have done to the terms already shown is block my name and address, there were no signatures or account numbers)this shows the rate of charges at £20 can I introduce this to show the ageement they are showing was not the original and cannot even be said to be a true copy as the information is incorrect ? This would then mean they have not complied with the courts directions and I then could state according to an order made in July if the information is not disclosed the claim shall be struck out. The second order, each and every I disagree with the statements reasons and alternative amounts.There are default charges but at £12, after 2006, can I claim these back ?If so they do add up. The statments would also be questioned if the application is for the second card they should predate it, being statements for the original account prior to the application form by more than 10 days. Thirdly any other evidence. This statement will stand as my defence. I have to work this afternoon but will be ammending my orginal early evening and will post a copy on here. I have to send it tomorrow for it to be served by Wednesday.
  10. Hi, where to start ! I put together a defence but did not get to give it to the judge. BC did not attend but the judge made a good arguement on their behalf. I was basically given two weeks to serve a defence on BC. In that defence I need to work through the credit agreement attached, which is just a photocopy of general terms not specific to my account at all but because it was presented as the agreement and I do not have a copy of the original it stands. "we both know what banks are like, they lost the original, it would be unfair to ask if you have a copy ". I also need to work through the statements and explain why I feel the balances should not be paid but they seem fair and are in black and white. I only have a week left to carry out these requirements, I was waiting for the result in writing but probably wont get it before the deadline ! I thought I had sound arguements but the points like its an application for a second card got brushed aside with "well we have statements that show expenditure did you not make these transactions" ?. I attach the so called agreement. The original so called CCA was attached as the signature page. CCACO0001.pdf
  11. Hi Citizen B, thanks for all that info, I have only just been able to sit and read through. I have loads of points to make and I can trash their Statement. They did send a photocopy of current terms but this is not marked at all and is just a generic set of terms etc and they have typed the charges on the bottom. I will type up my list of errors and sort of defence, the info above is a massive help. If there is time I will post but seeing it will take me a while to produce I will probably run with it and post after court tomorrow with the outcome.
  12. Hi, thanks again CitizenB for responding, getting a little worried as I am due in court on the 1st. I tried to get the date changed as BC and Cap1 have been messing around constantly not abiding by the directions of the court. The judge said he wanted it heard on the first, even though I have not been given enough time to file my defense. The agreement is the hashed together application I posted originally. I have attached the statement from BC, they have also stated it is not cost effective to attend the court ! Any help would be much appreciated. I am working through all the lies and info in the letters sent and the so called agreement. Is the absense of prescribed terms no longer a valid defense ? as the information seems conflicting at best. Thanks. BCWS0001.pdf
  13. This case has now moved on slightly ! I have been arguing the CCJ application since April and the court has been giving Cap1 and Brian Carter constant extensions to the deadlines to provide information, the last prompted a harsh letter from Cap1 stating they are positive the application, initially posted is fine to enforce this agreement but they have constantly messed the court about.They have also sent statements and further copies of the default etc. I now have to attend court on the 1st September. I am hoping to defend with my take on the documents previously shown but could really do with some help. There are lots of holes in the paperwork they have sent. I am not sure if I should make the documents public here as it would be easy to identify the case but does that really matter ?
  14. We have manged to stop the calls for now to my phone still getting between 4-6 on my partners phone, they keep swopping around at the moment between Halifax ,Albion, Iqor and now Fairfax solicitors. We did a right of subject access to information request but they have failed to respond apart from passing details to the other companies. We have written to all the companies, although albion are Halifax, stating we are awaiting a response from the Halifax until received we will not enter any further communication. Is there any further action we can take???? as I know Fairfax like to CCJ and tend to ignore correspondence.
  15. Sorry if I have confused matters Citizen B. The credit card is subject to the CCC. The normal bank account and loan were not. My partner used to do all her banking through them, for over 20 years. Its when things started getting tight that they showed their true colours but I suppose there was the credit crunch which of course was not the banks fault at all ! I mentioned previously after we defended the credit card they then made things very difficult with her bank account and have continued to do so. They refuse to accept payment offers and messed about with the charges. Its the overdraft and loan I guess has been passed to Iqor, we have refused to speak to them. They have got my mobile from somewhere, we are not married and they did not have my details, just the tactics **** like these use I guess. We have sent letters instructing the removal of numbers and complaints to both Halifax and Iqor. Iqor have not written to us at all and will not identify themselves when calling. The ridiculous thing is, when I called the number back and ask what company is this and they answer Iqor. So why hide in the first place !
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