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  1. SAR would be better as this would include the T & C's.From this you could work out unlawful charges etc which MAY invalidate the D/N
  2. The comments in post 1 are more common than you may wish...We do see this particularly with the sub prime market and their agents.(not suggesting Gilly is in this cat..but I am)And in my case the whole process was done via phone and post....However RON you have put a good argument forward.(Q).would these fee's be included ON the mortgage offer doc.
  3. http://www.consumeractiongroup.co.uk/forum/showthread.php?335553-starting-a-claim-with-Birmingham-Midshires-for-excessive-arrears-charges. link to bankfodders advice.
  4. My opinion is this.... Your mortgage is as per your original T & C's. However to remortgage through Engage would be under a new contract with their T&C's,their charges and fee's etc
  5. DO NOT phone.the reason being they record everything. All it takes is a sly devious person who tricks you into saying something (anything)that could be regarded as an agreement etc. Insist on paper copies both for YOU and them.This is also your proof so its important.....
  6. ""Now clearly these people dont use common sense either that or I have gotten eveything wrong"" this quote is unfortunately all to common.You are talking to people who can not see past a computer screen. My problem is similar in that I pay 4Weekly(thats how I get paid)So when I get paid ,I pay the mortgage plus £50 off my arrears with my debit card .Now this simple and convenient way of paying is beyond them....I spoke to the tossers who passed me to the clowns who passed me to the muppets who passed me to the head of collections....NO joy he passed me back to the tossers & so on........SO my advice is pay on or before the due date and keep a record...IF Accord have a problem with accounts its for them to sort out..
  7. I suspect the reason for refusal is down to kensingtons policy.[[ the policy is arrears should be paid off within 2 yrs.]] Now in my case..the judge ruled against this and applied norgen rule .You will probebly find kensington refuse all offers...BUT eversheds if you go through them will "advise" kensington to accept or risk a lesser payment via the court. ""i had allready made 3 proposals to the lender and they told me there was no point to sending another,""This quote sums up kensington litigation dept.. In my case I got more sense and info etc.dealing with eversheds diect.....You have good advice and help in these previous posts Luck 2 U
  8. "" I was also told that they are still going ahead with an eviction date untill they see our payment reach them on the 28/11/2011 of £1200.00....that is 929 mortgage payment/150.00 original order and a additional £121.00.."" Have you spoke to CAB...seems to me their is a lot of options here. Arrears could have been added to outstanding total mortgage prior to transfer.(new eyes I think you said) well new start!! Also not sure how long a suspended repo is for...ie is there a time limit on it or is it valid until arrears cleared??again should be sorted before transfer. CAB can get reasonable payment plans accepted in court to match affordability to you.Or have it adjourned on the grounds you have given ie the court requires those docs. There is a shed load of info on here from a lot of us in the same boat... Luck2u
  9. What might constitute a mis-sold mortgage arranged for you? The following are just examples: - The broker placed the mortgage with a lender that paid him the best commission (this is called a procuration fee) when a more suitable product was available elsewhere and probably at a cheaper rate Borrowers who are advised to self-certify their incomes, possibly to ‘fast track’ their mortgage application when they qualify for a (cheaper) full status product The broker failed to give over an Initial Disclosure Document at the start of the mortgage interview. This details the sort of mortgage advice they can give and whether they can recommend products from all lenders or from just a limited ‘panel’ The broker failed to supply a copy of the Key Facts Illustration that must include the financial details of the recommended mortgage so the borrower can make an ‘informed choice’. This will include the initial and future (anticipated) interest rates, the current and future (anticipated) repayments, fees charged, early repayment penalties (if any) etc No available records are available of the sale/advice process The broker has failed to take due care in assessing the borrower’s future ability to pay the mortgage after the initial rate expires. This is referred to as ‘payment shock’ Self-employed applicants who were advised to take a mortgage term beyond retirement with no ‘real’ means to repay Inclusion of State Benefits currently received that might not be guaranteed in the long-term Omitting some debts when assessing the borrower’s ability to pay the mortgage. These are usually unsecured debts i.e. loans, credit cards etc Lack of clear advice on having a repayment plan in place to repay the mortgage at the end of the term. An interest only mortgage will not, by definition, repay the original capital debt, so what is the repayment method? Coercion into buying a mortgage product that was inappropriate for the borrower’s needs Inappropriately combining other financial products with mortgages in a way that makes them seem compulsory e.g. buildings & contents insurance, Accident Sickness and Unemployment cover or Mortgage Payment Protection Insurance Not offering products from other lenders when a borrower’s true credit rating is established. This is called ‘cascading’ and should include product offerings from several lenders and not a more expensive one from the original one Offering mortgage products where the initial rating period (i.e. fixed, discount etc) does not suit the borrower’s individual circumstances Failure to offer borrowers a selection of mortgage products and not assisting in the decision process The broker charging excessive fees. The guidelines suggest that the broker should be remunerated in proportion to the amount of work needed to finally place the mortgage Failure to fully explain early repayment penalties (if applicable) when borrowers leave their current lender The broker recommending a full remortgage with a new lender when a further advance from the borrower’s current lender would have been more appropriate (and probably cheaper) Any suggestion on the part of the broker to omit details that might seem irrelevant but are important to the lender e.g. omitting to disclose other occupants over the age of 17 living in the property which is to be mortgaged There are many more breaches that constitute a mis-sold mortgage. The fundamental question that you need to ask yourself is “was I treated fairly by my mortgage adviser”? Remember that TCF does not mean the same as brokers being ‘nice’ to customers or creating satisfied customers, it is a breach where there is failure by ‘a firm (to) pay due regard to the interests of its customers and treat them fairly’. NOW consider the outcome...It will probably result in rescission and its very hard to prove.It won't solve the repo problem. I would suggest looking at other area's like fee's & charges etc NOT on the original contract T & C's.Plus have mortgage express got the correct paperwork/authority
  10. ""a few years ago we had a suspended order placed which we cleared and i am worried the judge will not let us keep our home this time"" This as far as a judge is conserned is in your favour...YOU complied with the order.therefor NORGEN agreement could be used. Now they have refused your offer made with THEIR advisor..how GOOD will that look in court... You might also queery your mort rate and how its calculated...they have no standard rate as a fellow cagger has shown in court..These people hide behind the law but avoid compliance of it...STICK with ell-en's advice (post 2)
  11. First charge is NR...Kensington i believe need agreement from NR for repo of property.And with house prices well down that is not likely..Kensington MUST consider your offer as per mcob and pre-action protocols etc... There is NO neg equity so their money is still safe...Judge would prob laugh at this and throw it out..Looks to me that you,ve done everything OK to resolve this temp money issue...BALL is in their court (pardon the pun)
  12. The Land Registration Act 2002 (c 9) is an Act of the Parliament of the United Kingdom which repealed and replaced previous legislation governing land registration, in particular the Land Registration Act 1925, which governed an earlier, though similar, system. As of 2008, the Act, together with the Land Registration Rules,[3][4][5] regulates the role and practice of HM Land Registry. Still unsure !!!
  13. I have conflicting dates as to when the Land Registry Act 2002 ACTUALLY came into force....(1) Oct 2002 & (2) 2008.The correct date is req'd for my defence...Any help please
  14. ((and said that the judge had no jurisdiction to grant a suspension as the loan went out of term last year.)) and (I have an order to repay £600 per month) This is strange...IMO if the payments are by court order ( I assume CCJ ) then they can't refuse payments..Secondly IF this is a CCJ then the money owed is a Judgement Debt...NOT cca /LRA or LPA This view I think needs clarifying more
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