Right i know ive been away from ages but this is where im at regarding mums mortgage. Ok so I have spoken to the FSO who sounded quite positive about the complaint but i realise there are laws and proceedures to adhear to so I am keeping an open mind. i am in the middle of putting all paperwork together. This includes, all mortgage and broker documentation, letters from creditiors writing off their debts, letters from my local MP who was heavily involved in helpuing writing the debts off. leters from her doctor, and medical dischage relating to her suicide attempt. Letters from the police and criminal justice sytems which stat the crimes and sentances passed on her then partner and payslips proving what she earnt at the time. I am also writing out a detailed explaination of the cirumstances that have lead up to this point and I am going to point out the http://lexisweb.co.uk/cases/2001/mar...ltd-and-others case which have considerable similarites. Does all of the above sound ok and is there anything that you may feel i have missed out? Ill keep you posted

Sorry to bump this thread but does anyone have any idea which direction i should go in next? Thanks

Right finally they have sent me something, its the application form together with the Title information document that they hold on file. The salary state is £17,000.00 , my mum earns £9,000.00 and is now on tax credits. It is ticked on the form that no supporting documentation to back up the fact that she earnt that amount of money has been sent. She never saw a solicitor. There is also an FSA reference number but im not sure if that is for the broker or the mortgage company.There is paperwork on file for a company called Conveyancing Direct solicitors showing detals of completeled registration etc. What should i be looking for here? As i said the mortgage was obtained under sever duress, the ex partner finally being imprisoned for the violence perpetuated against my mother and no one at anytime came and saw my mum, it was all done over the telephone. Thanks everyone. I do appreciate your help here Dawny x

Thank you for that little Gem!!! Ive been searching for cases that were similar to my mums so im over the moon with that. Thank you

On the basis that this company sounds incredibly dogey then wouldnt it be worth taking your chances re the legal system? Its highly unlikely if they are con men that they weould legally pursue anyone through the courts. As for them taking money out of your account when you dont even have a loan is scandalous! basically its theft and the police should be called.

Wayne surely if you concentrate on one loan at a time the charges will got rhough the roof on the others and make them totally unmanageable? Is there anyway the other companies will hold on and freeze interest until you are in a position to pay them?

Jesus this is crazy! Can they seriously enforce these crazy interest charges? Will these people not give you anytime at all to get things sorted even if it was only one month? Surely there is something in consumer law somewhere that states these companies have to work with thier clients who are in financial trouble? And even if you sent a CCA request would they even have one? There has to be some protection somewhere.

Wayne someone will be along soon. Try not to worry.

Sorry to be a pain can you tell me where abouts that thread is?

Will do. Thanks

Nearly 2 years ago now i was having some problems with Sky who kept taking their DD out of my account twice. I dealt with the Branch Manager of the Nationwide who sympathised with me and refunded me the charges that they had charged because of this. I was having problem after problem with Sky and ended up cancelling them, however i still had a charge of £20.00 on my account from the Nationwide. My argument with the Nationwide is that I had cancelled my DD with Sky and them on numerous occasions which they could see. So i basically refused to pay the £20.00 and told them to naff off and close my account. Ever since then they have been adding charges. I think its around £550.00 now and now they have sent me a Default notice and now passed it on to Fredricksons. I need to sort this really, what do you think is the best way for me to go about this? Thanks

But Jamie, and please dont think i am being argumentative here, there are laws in place and comsumer laws that protect the consumer from this kind of harrasing behaviour. Unless you are used to dealing with these sorts of people it can be very intimidating and frightening. It takes no time at all to print and send the letters off thanks to the templates on here. But this is only advice like your giving and its Happy Gals choice. I just hate it when people are in fear of these companies as i have been through this and worse and i remember what a state it got me in.

yeah do that Happy Gal because there is nothing worse than being embarrased at work and scared to answer the phone.

I actually would send the letter. Why should Happy Gal be terrorised at work??? Send them the letter Happy Gal , make sure you send it recorded delivery. Make sure you keep proof of delivery and then if they continue tell them vocally and by letter that you will report them to the office of fair trading, financial ombusdman and anyone else you can think of (maybe local MP) and to the police (dont know if the police thing will work but worth a try:)) It angers me beyond beliefe when people are harrassed by these companies. Tell them its absolutley not acceptable. Take charge of the situation.

Oh ok lol. Just ignore me lol!

I think it might be and idea to re email them and reiterate that this is all you can afford , to both companies. If you can afford it that is because it seems alot of money for you to pay out. Also in this email stress the fact that they musnt call you at work full stop. Make sure that you get a read reciept with your email. If they do then send them a harrasment letter.

Bt and other service providers should have a service avaliable where you can block certian specific numbers calling you if you want to. Im surprised that they havent thought of this already.

Thats a shame Jamie. Maybe it comes down to how much you owe? Taking a person to court for a debt less than £500.00 when it costs £500.00 minimum in court fees seems a bit foolhardy but maybe some compaies do it because they get their teeth firmly into it.

Yeah thats what i think. It saddens me that people get so freaked about debt but i can totally understand it being an ex bankrupt myself. When i first got into debt i was terrified but as time went on and with help from forums like these i realised i had a lot more rights than i thought i had. Surely it cant be that much of a shock to these companies when people cant afford to pay them back because the debt spirals so quickly out of control and if they are not regulated then how on earth do they expect to get their money back anyway?

Make sure you can afford it , and dont make it a stretch otherwise you will then default on this agreement which will be worse. Work out your budget and only pay what you have left after all priorites are taken care of. You can always run it by us if need be.

Well try not to worry. Can you afford the £65.00 ?

Well if you cant you cant. Seriously what are they going to do? You havent done anything illegal just fallen on hard times. Just write back to them telling them that you cant pay this money at the moment and tell them that you received the letter on such a date (did you keep the envelope? if so photocopy it and send the copy back with your letter) which was past the 10 day limit.

When you applied for a loan with us, you chose your own terms by selecting both the amount that you borrowed and the period that you wished to borrow for. In doing so you entered into a formal agreement with us and implied in making the contract that you had both the means and the intention to repay the loan as well as any fees and interest that had accrued, on the date of your choice. Our decision to lend to you was made on the basis of this contractual commitment from you. Should you have deliberately entered into a contract with us where you have no intention or no means to complete it, we are at liberty to consider your actions a deliberate attempt to deceive us and to treat the matter as fraud. Where you can demonstrate (with tangible proof) that, between the point of you borrowing and the point that you contacted a debt management or similar company, that you have suffered a material change in your financial circumstances which you have not negligently brought upon yourself, then we may consider an offer submitted such a company. We currently require you to repay your loan in full. Should you choose not to repay us and where we do not receive proof of a change in your financial circumstances, we may consider that you have obtained credit from us by deception and will treat your conduct as criminal. As such we will have no obligation to treat the monies due to us as a debt rightfully borne from a credit agreement but as a potential loss caused by fraud. We will pursue this matter, by whichever means that we see prudent, that is to say as a civil matter or by reference to the police, until we are content that our interest are protected. Please note that we cannot agree to any payment arrangement without the first installment. The bits i ve highlighted cracked me up!!!. I cannot belive they can get away with writing this sort of crap. Dont worry Blondie they are just trying to frighten you so much you find the money. Offer what you can afford, get it in writing from them that they agree. If they dont agree then you are in a stalemate and it is then their move which will probably be to put it in the hands of a debt collector who also arnt a scarey as they sound. Just make sure you stay on here so we can advise you on what to do next.

In my opinion it would be highly unlikely for the money shop to take you to court. The phrase they have used "may face court proceedings" is so common and hardly ever happens that they do take you to court. It would cost them much more than your outstanding £250.00. Stick to your guns and write to them telling them again that you cannot afford to pay and state what ever you think you can afford (realistically), and make sure the letter is sent recorded delivery.

Ive been reading through lots of posts on regarding pay day loans and a few things strike me. Obviously people get pay day loans because there is no other form of credit available to them. These loans are extortionate but at times needs must. As far as these loans are concerned the Pay Day companies are well aware that their lending is extreamly high risk. Most of them agree these loans over the internet or by telephone. Its literally taken on the word of the client that they will pay If a client defults then there is not really much that they can do but eventually swallow the loss. So why do they do it? Is it because they can make so much money that they can deal with a number of losses? I know that they can peddle fear and get money out of people that way but people who know their rights or seek help in forums such as these can easily deal with these people. I dont know really im just thinking out load but i wanted to know what you thought as well?