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About bish

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  1. Thanks Blossomandebony, although the charges have been applied none have been paid by me. Initialy they were put aside to be paid at the end of the mortgage term, now GE have decided to increase the mortgage to pay off what would have been due at the end, so I only start paying them from this month onward. Going to send letter and see what happens, If they are stupid about it I will contact FSA, got 9 years to sort it out as that how long to run on mortgage. Regards bish.
  2. Hi all and thanks for the comments, very helpfull. I wrote to them letter dated 10th July. The reason I did not claim council tax benefit was because the last time I claimed any benefit was back in 1997 when unemployed. I went self employed in 1998 and have had no reason to claim any benefit until recently. The only reason it came to light was because for tax year April 07 to April 08 I made a small loss and therefore paid no income tax, accounts went in end of January 2009 for that tax year, council tax bailifs turned up in June for arrears from 08/09, paid them but dawned on me that paid no income tax for that year, but paid £25 per week council tax, this obviously prompted me to look into why. I found that I was looking at gross income rather than gross profit so thought I had no entitlement and had to pay it. I do my own books and self asses so do not use an accountant who would have seen this school boy error. I worked full time, earned X amount and paid income tax so assumed I had no entitlement to any benefits. Looking at the past five years profits and comparing them to last financial year they average about the same, as we have been granted full council tax benefit for this year, or from July when we put the claim in, assume I have overpaid for previous five years. Angry as they would not even back date the claim three months, as my excuse of not knowing was not good enough, their assesment not mine. I was working with the wrong information as opposed to not knowing. Same thing with working tax credits, never heard of them, heard of family tax credits, but not these. It appears we are entitled to these as well dating back 5 years. It appears that the rules change and knew things are introduced, but lets keep them secret from people. These are dealt with by inland revenue, the same people who I file my tax return with, yet no information from them regarding this. Just tried to pay my way, wife fell ill in 2005 and had to stop work, lost her earnings and my profits took a nose dive due to a number of factors. Just been told have £3850.00 added to my mortgage for late payments and arrears, sick of being ripped off. Never been one to claim anything but now want back what I should not have paid, so any help is much appreciated. Regards bish.
  3. Hi all Only found out in July that paid full council tax for last five years when I did not need to, genuine mistake on my part, can prove was not liable, can I claim it back ?. Wrote to them but had no reply yet. Regards bish
  4. Have received letter from GE money saying they are increasing my monthly repayments by £40, for the remaining term of the mortgage, to pay off a fee balance of £3,804.92. As far as I can tell this amount is entirly made up of charges. Have drafted a letter to them regarding this matter, pointing out OFT report on late payment charges, also pointing out that mortgage rate interest will be applied and any future late payments will incur further penalty charges plus extra interest. Is this legal ?. First payment not due until August, so not actually paid any charges, as up until this point charges lumped on end of mortgage. Why the sudden change?. Before I post the letter any thoughts from any one on what my next move should be. Regards bish.
  5. Yes read an article on the BBC web site rerlating to this story in the week, not sure it is dead and buried though, maybe put on the back burner while we are in recession, as a lot of bailif action likely in the coming year or two. I think the industry has little or no regulation, just like the banking sector, which has obviously got the attention of our inept politicians. At least a bit of good news for all those suffering at the hands of unqualified, bogus, and unregulated money collectors. Well done to every one who contributed to this campaign. Regards bish.
  6. Hi Landy, I have a similar problem with my mortgage company in respect to late payment charges applied over the last 7 years, self employed and always late with payments. Always in arears but always bring them up to date when paid. I have a small mortgage, and still have a lot of equity in the value of the house compared to the borrowings, at the moment. In a telephone conversation with my mortgage company a couple of months ago I was able to gleen the information that charges had been applied to our account totaling £3400.00. I was assured not to worry about this as it could be sorted at the end of the agreement or when we sold the property. What was obviously of more concern to them and me was the arrears which, continued to incur interest while in arrears, along with a £40 admin charge per month, which is where the £3400.00 comes from. So double whamy, not only do they charge mortgage rate interest on the arrears they also apply a £40 admin charge per month while in arrears. As far as I can see this is a late payment charge. If you read the statement issued by the OFT in April 2006 regarding late payment charges on credit cards, in the last paragraph of that statement it clearly states that the OFT would expext other financial agreements, including mortgages, to bring such charges in line with the statement and recomendations, within a reasonable time period, and considering the legal etc, give it a read. Concidering we are now three years down the line and my mortgage company are still charging £40 for a late payment, I think you have a good case to take to the courts or as 42man said to FSA, OFT, or FOS. This is blatent rip off and exploitation of people, with total disregard for the regulations or regulators. I still have my mortgage and do not wish to rock the boat with them yet, but I would say you have a great case against your lender for breach of contract. You may have entered into a fundementaly flawed agreement, so the moment you paid what may be regarded as an unfair charge, the whole agreement becomes, possibly, invalid or void. If a term or condition within a credit agreement is found to be unfair, then a judge has a number of options to remedy that unfair agreement. However in your case the agreement has been terminated or ended, therefore a judge can only realy come to one conclusion, and that is to compensate you. Obviously I am only giving you my opinion and slant on what I believe to be the state of affairs, and I am certainly no expert. I would definatly go with what 42man said, and at the end of that if you are not satisfied then you can still take it further. Good luck with it and hope you get a slice of mr goodwins pension, because it is exactly why you and me are being ripped off, to pay their extortionate wages, bonus, and pension plans. Regards bish.
  7. Your the one who has a lot to say about other peoples comments, your post 200 appears to have been modorated in this thread, I got the full version. This thread is dead and has been for a while and has no relation to credit cards. I do not own a credit card as I got rid of them at least 2 years ago, times have changed since then, and as I am not looking to get a credit card I have little knowledge of the market at the moment. If my credit card went from 0% to 35% I would be looking for a 0% balance transfer to another card. The problem for me would be my credit rating is in negative equity, so likely would be turned down for such a balance transfer. Next step, claim back all charges for last six years or more, depending on records available to me, and pay that off the balance. Next step, go through the credit agreement with a fine tooth comb, ensure it complies to the letter with all regulations, consumer credit act, UTCCR etc. Next step, make sure that the agreement entered into has all the i`s dotted and t`s crossed, also ask for a copy from the credit provider, if they can not provide one they can not enforce it. And finaly, if late payment charges have been applied and or over limit charges, take to the small claims court and argue with the judge to have the debt struck out due to unfair charges ?. This last one is debateable as the judge has a number of options open to him regarding this, it does depend on weather the creditor is prepared to step into court, and if the debt comes within the remit of the small claims court. If, in the event the debt, does not come within the remit of the small claims court, that may be advantageous to you as full disclosure would be expected in a higher court. As the OFT stated way back in April 2006, because a charge is £12 or below does not mean it is fair, it would be for a judge to decide. It would also be for a judge to decide what action appropriate in such circumstances, he or she would have a number of options available to them. I would argue that an unfair term had been applied to me at a financial cost to me, in such circumstances it is only fair that the debt and all costs related to the said debt should be struck out, as otherwise there would be an unfair obligation on me as the debtor to fulfill my part of the agreement, and none on the lender. In other words, If I breach the agreement I get penalised financialy, however if the agreement contains a term unfair to me the lender still walks away compensated. Do you want to take it all the way to a court, thats the point, the only way to get justice is through the courts. If you think that 0% to 35% is unfair then take it to the courts. It may not be on just that issue, it may be on a related issue like charges, however the only way to resolve your credit card debts is to, 1) stop using them, and 2) find a way to get the debt written off.
  8. Many people can't get rid or have taken one out.They do not expect interest rates to rise from 0% to 34.9%. If you can't see thats wrong then you must be lucky enough to have plenty of cash. If your mortgage rate went up to a similar rate, would you be able to just get rid of it? I do not have plenty of cash, in fact I am self employed and constantly have cash flow problems, especialy in the climate we all face at the moment. I agree with you that an increase from 0% to 34.9% is outrageous and should be stoped, considering what the base rate is at the moment. The problem is that this is rip off britain where the regulators are toothless and spineless, and the government are party, one and all, to big business. My advice to anyone is DO NOT USE CREDIT CARDS to pay for anything if you can not clear the balance at the end of the month. I am lucky that I claimed back all my charges on both credit cards and bank account in 2006/2007. I used that money, quite a lot of money I will add, to pay off the credit card balances and my overdraft. I then cut up the credit cards and only have a cash card, no overdraft, no debit card, no cheque book etc. Difficult to opporate when you are self employed however a lot better off for it. If I could opporate without a bank account I would, however that is not possible as the government would not be able to know exactly what I earn, shame they do not apply such principles to the super rich, or bankers with mega bonus and pension schemes. My aim is to try and pay off my mortgage or at least reduce it as much as possible within the next 5 years, exactly because you are correct, I would find it difficult to face huge hikes in interest on my mortgage, and what do you think is going to happen over the next few years?. This site is designed and run to help people deal with their problems arising from the unfair charges applied by banks, credit cards, and others etc. It is an opportunity to relay your own experiences regarding such matters, give sound advice, and support everyone who are in the same boat. If you have any good ideas as to how to beat these barst**ds then post, If you do not, then just read and get some.
  9. Following that through, should credit card companies be allowed to rip us off by raising interest rates when BOE rates are dropping? Isn't that beyond our control? It is not beyond our control, get rid of the credit card, or do not take one out. The points made by Aequitas where noble and made before Fred Goodwins, or the others you speak of, situation came to light. The problem is not from what political perspective you come from, the problem is simple greed. The law is very black and white, human nature is not, given overwhelming evidence a jury will give a guilty verdict and 27 years later that verdict could be found to be wrong. The jury was not wrong, it just did not have the benefit of DNA testing, and had to reach its verdict on the evidence available. In light of what has transpired in the financial sector since September last year, it would be foolish to believe anything that is said by the banking fraternity. They were never up front or honest about anything they did or do, in hind sight perhaps we could all say on this site we told you so. It is difficult to find any practices by the banks that are not questionable, with regards to charges and their complience with the regulations. It is going to be very difficult, if not impossible, for banks to ever get back any trust or credability for a long time. That will seriously affect the economy, but is a direct effect of their own dishonesty. A bit like the poor man who did not admit his guilt when convicted for a murder he did not commit. Perole was never an option, it was only the scientific evidence of DNA that proved his innocence 27 years later. The banks have a lot of time to do, unless they provide the evidence to contradict that. Regards bish.
  10. What if you go 10p unautharised overdrawn for 10 days, thats £50. No way is that fair, charge interest on the overdrawn amount, at the current Bank of England rate, thats fair. They run their business on profit from interest. As is the common theme on this site, they can not profit from breach of contract, they can only be reasonably compensated for your breach of contract. Just another example of scaming by simple scamers. Oh yes the bank of england rate is not so good at the moment, so no profit, have to take the rough with the smooth, have not seen them feeling sorry for us when the interest rate has been beyond belief in the past, pay back time Banksters.
  11. Yes melt down of the financial markets, and banks going under as in the great crash of 1929. Watch the BBC program on this, so many parallels it is remarkable. My personal belief is that the money spent on bailing out the banks would have been better spent wiping out debt, protecting deposits, and nationalising the bad banks. As with the 1929 crash, thousands of banks went to the wall, what compounded the great depression of the thirties was the lack of intervension of the governments of the time. However, banks survived and the world eventualy recovered after WWII. This time government have stepped in, but wrongly to protect the very people who caused this crash in the first place, they may live to regret this action. The French are already protesting over this in the streets of France, this maybe a taste of things to come in many countries across the world. Already many people are loosing their jobs, and soon their homes to the very banks that have been bailed out by the very people that are loosing their homes. This is a total calamity. This government needs to throw a lifeline to the people who are the victims of both this governments lack of regulation, and the greedy banks who have been bailed out by the British Tax Payer. Why is it in, what the politicians call, exceptional circumstances, if you fall behind with your mortgage three months, automaticaly repossession is started. Why not give every one in difficulty, espesialy if they have lost their job or work, due to the current climate, two years grace. Bung it on the end of the mortgage, or the finance agreement. What is the point of making people jobless and homeless if the tax payer has to pick up that tab as well. The banks and finance companies are getting away with daylight robbery, it is about time GB and the rest of the useles so called leaders of this country and the world actualy did something of use to the very people who vote them in and pay their wages and supply the money to bail out defunct businesses.
  12. I agree in principle with what Bona says, but I would try to get to the bottom of this first, so that any future action will be backed up with the knowledge of who is at fault here. I do not think that you are, however it is always better to have as much evidence as possible. You have already asked for a copy of the agreement from the provider, I would write to the solicitor involved explaining the situation and requesting confirmation as to why it had been refered to the insurance company if the loan was not secured on the property. Also, if the loan was secured on the property why it had not been settled in accordance with your instructions to them, be polite but forceful. Contact the DCA and again inform them of the situation, that you are disputing this action and or debt until such time as you can determine what has transpired, include a copy of the letters to the solicitor. I would also send copies and similar letter to the provider HSBC, detailing in all that you have been charged large fees for both secured loan and solicitor so that such problems should not arise regarding the sale of the property. After all what is the point of paying such fees and charges, if sometime after the fact you are presented with a large bill. Send all corrospondence recorded delivery. Sorry about the writting of letters, but whatever you say about snail mail it is the only way to get peoples attention, you have a record of what has been said, and it delays the process to give you time to think of your next avenue of attack. I think you are in a strong position regarding this matter, get those letters of and wait for the response. The response will determine your next action. Best wishes, and enjoy Christmass. Regards bish.
  13. Any what would be regarded unfair charges on the account by the OFT. ie anything above £12 would be regarded by the OFT as unfair. So any charges above this would be questionable. Have you had any?. You have to fight these barstards or they will take the clothes from your back. Regards bish.
  14. Any what would be regarded unfair charges on the account by the OFT. ie anything above £12 would be regarded by the OFT as unfair. So any charges above this would be questionable. Have you had any?. You have to fight these barstards or they will take the clothes from your back. Regards bish.
  15. No keep it short and sweet, that is good, I would enclose a copy of the letter from the solicitor, as this is almost an addmision of guilt, as why would you refer it to their insurence company. As a solicitor I am sure they would be aware of the law, unlike us who have no knowledge of the law. Why is your solictor refering it to their own insurence company ?. If you are sure this loan is not secured against the property then there is no case to answer. How can any one take you to court for a secured loan that is not secured against the property?. I might just as well write to any Tom, Dick, or Harry amd say I lent you money on your property and you owe me this much, where is the proof unless it is affixed to the property?. If you are sure that this loan has not been affixed to the property then it does not exist, and therefore you can not be libel for it. I would go to court and defend it. I am not an expert in the law and freely admit that, but how can you raise a loan against a property without that loan being regestered somewhere. In other words you could run up loans on a property sell the property and do a runner without paying the loans on the property, that is crap. If a lender has secured their lending on a property, then if they have not actualy secured it on the sale, their problem not yours. Why should you be liable for their mistakes, when you make a mistake you are charged or unfairly charged, what is the difference. OK here is the advice, you have the option to take it or not, hope I do not sound like a bank. The loan we took out was a secured loan against my property, you did not secure the loan against the property, on the sale of the property you did not take the oppertunity to take back your money, because you did secure the loan against the property, this is your problem not mine. This is a bit like your charges, in dispute but keep paying, You seem to want me to pay for your mistakes. If I make a mistake I pay, If you make a mistake, I pay. That is against every fundemental principle of the consumer regulations. Regards bish
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