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ikle pickle

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  1. Thank you so much for your reply. The only thing is I have no idea were to start or even how to go about it. If I go a head I need to make sure I get it right so the business can't find a back door so to speak
  2. Hi, I posted a thread some time ago over issues relating to arrears with my mortgage that long term led to the repossession of our family home Prior to my property being taken into possession we became so confused, overwhelmed and distressed that we gave up and let our home go. As you can appreciate in my mind set this matter has still not been laid to rest and in making this post I question whether it is worth even opening old wounds, given that previous attempts have failed In respect to my concerns on this matter I will say that some of the issues which we were experiencing we did raise with the ombudsman, which was upheld in the banks favour. We did not accept the decision as the response in summary provided many inaccuracies as to the actual complaint itself, of which I won't bore you. My unresolved concerns: Whilst my account was in arrears, the business in providing monthly and annual financial statements of account, recorded payments I made inaccurately, in that it: Recorded payments made directly to the business by pos as paid by cheque and cash. "no cheque payments by myself were ever made to the account" Payments made are shown as paid on dates payments were not actually made, in some instances not recorded as paid for up to two weeks after payment made. The statements do not provide details of charges and fees levied to the capital balance and or arrears, yet show as added in the opening and closing balances The monthly mortgage statements and annual statements received from the business do not relate to statements received in two subsequent sar received, one of which was not requested. The statements provided to the courts also do not match statements received and appear to have been re administered Following sar request the business not only provided other people's data within it, but provided letters never received A year after sar request the business sent a cheque for sar amount and a letter referring to a sar request never made asking to re-send request and payment, a payment never sent for an additional sar Upon calling the business, advised there error and to rip cheque up, was sent as the initial sar was sent out incorrectly so another was on its way The business sent collectors to mortgage property to take photos without our knowledge and also went to neighbour asking questions about us us, we have a statement which states this as garden was broke into after collectors left gate open Business aware property now rented, aware unhappy with rental contract received, having received weekly payments to the account, canceled whilst awaiting new payment plan incorporating repayment and arrears put on to capital so could start again, ignored and instead took action for no payment sending letter to tenants to vacate, further allowing tenants to remain in the property rent free yet charged for mortgage. We also had ppi on the mortgage which for some reason were told that we canceled a month after my husband fell ill so not entitled to So I ask you guys having read this, should I continue with this matter or give up and pay the shortfall which is all charges and fees
  3. Hi, I wondered if any one could help me? I have phoned BT customer services about this matter to no avail and wanted to check if the amounts we are being charged are actually fair? we have been struggling to afford our ever increasing BT phone and BT Internet bills each month and wanted to ask if the business can charge such amounts per month further increasing our financial hardship and ability to pay our bills We currently pay by card using the BT customer account The service we have is: BT line rental which was £15.99 and now increased to £18.99. Shown on statement as line rental plus. Inc extra features apparently Broadband and calls inc ultimate weekend calls and broadband, was £26 a month now showing as £27.65 Add on ultimate evening and weekend calls was 2.00 now 2.12 BT have advised line rental has gone up by a pound a month but because we pay by card, rather than paying the processing fee of 2.00 it is now charged within the line rental cost In Nov as we paid late we were charged in Dec 12.00 for reconnection reconne12.00 plus a 12.00 late payment fee Our Feb bill include two late charges which app is for late payment Dec and Jan totalling £15 Two reconnection fees of 12, totalling 39.00 It's becoming stupid as I just can't get in front and the charges, increase because don't pay by direct debit fee is crippling us to the point were we will be late again unable to pay this month's bill in full in one go as just to high, any advise appretiated
  4. I am so sorry to hear that, but if I am completely honest i would not expect any different from this firm formally known as Abbey National Plc, 'Abbey' re branded to Santander in Jan 2010 . Currently I am awaiting further investigation of my complaint by an Ombudsman, which I believe can take some time to be allocated. However I am still in the process of composing my report To be honest I am not hopeful of the Adjudicaters decision being overturned, but I am aware that should I not agree with the Ombudsman final decision I can then take my case to the courts. Evidently I hope I do not have to do this, but only time will tell. I have raised subsequent complaints with the bank which having investigated this matter further has brought about information being received which suggests mortgage fraud. I totally respect any one who has had to go threw this horrific ordeal in what I believe is one huge cover up that I can assure you one way or another whilst I have my last breath I will fight this case to the end as what this firm is putting families threw is simply unjustifiable.
  5. Hi Guys I have been following a discussion on the board relating to the Ombudsman's at the FOS coming under fire, i to feel that something some were is not quite right with the investigations and responses received from Adjudicators at the fos and currently appealing a decision i wanted to ask for help in composing a final summary for the Ombudsman reference to, to see what response is received before going back to my MP if necessary I say this openly as like many of you on here, i question the honesty of the investigations which are carried out at to raised a complaint against the lender Santander Santander put our family threw hell if i am quite honest and we were set up from day one, Which given at the time santander were Abbey mortgages who during this period were issued with a warning from the FOS However given that i struggle immensely to put details together for the complaint raised, given the adjudicators response to our complaint i have started to feel that possibly this may be a reason for the response that we received in the adjudicator final response not up holding my complaint and vote in favour of the lender. However as frustrated as i was and still am, questioning whether there is actually any justice in this world, in have since appealed her decision for the Ombudsman to re look at our case. However having called today requesting more time to provide a response for the Ombudsman, i was advised that the person dealing with my complaint was on holiday, that person being the Adjudicator:???: especially given that i recently received a letter that my complaint will now be looked at by an Ombudsman Just going back to the Adjudicators response, i have to say i am becoming more concerned that given that the Ombudsman's decision is final, if i don't send a summary very soon that is clear then more than likely will receive exactly the same response. My biggest problem is getting to the point and not giving loads of detail loosing the pot all together and boring the reader Because i started to question myself with respect to my complaint i have following reading the thread i mentioned took my information to my MP who when looking over the response received, looking at the evidence which contradicts the adjudicators response, all though he did not say it in so many ways, he did say something some were is a miss especially given the fos are supposed to be highly experienced in such arrears. My MP has written to the Ombudsman asking that the response to my complaint quotes him as well, i am not sure what difference this will make if any? I would like to ask if some one on here can help me put a letter together for the Ombudsman and then perhaps if of interest i can keep you all posted on the response that is received . I honestly believe there is back handers going on, i could be wrong but given that the response received from the adjudicator is all in the favour for the lender and has missed out nearly all of our points given along with documentary evidence to support something some were is wrong and i don't no about you guys but i believe strongly in right and wrong and that if you speak the truth justce will prevail or couldn't i be further from the truth, surely there must be some honesty left. Out of peoples experiences with the FOS, is there a right or wrong way to put your point across?
  6. Hi Guys:???: As i mentioned in a previous posting, i to feel that something some were is not quite right with the investigations and responses received from Adjudicators at the FOS. I say this openly as i to raised a complaint against the lender Santander. Santander put our family threw hell if i am quite honest and set us up from day one, however i struggle immensely to put details together which i have now been left to feel possibly could be a reason for the response received by the adjudicator not to up hold my complaint and vote in favour of the lender. However as frustrated as i was and still am, questioning whether there is actually any justice in this world, in have since appealed her decision for the Ombudsman to re look at our case. I have recently received a letter that my complaint will now be looked at by an Ombudsman however having read the Adjudicators response becoming more concerned that given that the Ombudsman's decision is final, if i don't send a summary very soon that is clear then more than likely will receive exactly the same response. Because i started to question myself with respect to my complaint i have following reading this thread taking my information to my MP who when looking over the response received, looking at the evidence which contradicts the adjudicators resonance all though did not say it in so many ways, did say something some were is a miss especially given the fos are supposed to be highly experienced in such arrears. My MP has written to the Ombudsman asking that the response to my complaint quotes him as well, i am not sure what difference this will make if any? I would like to ask if some one on here can help me put a letter together for the Ombudsman and then perhaps if of interest i can keep you all posted on the response that is received . I honestly believe there is back handers going on, i could be wrong but given that the response received from the adjudicator is all in the favour for the lender and has missed out nearly all of our points given along with documentary evidence to support something some were is wrong and i don't no about you guys but i believe strongly in right and wrong and that if you speak the truth justcel will prevail or couldn't i be further from the truth, surely there must be some honesty left
  7. I just wanted to let you all no that following the adjudicaters decision re Santander the case now being looked at by the Ombudsman and all though we are still waiting we have been to our MP who has looked at our case the adjudicaters responce and said he is unsure what is going on here as the FSO are supposed to no what they are doing but looking at their responce and the evidance which contradicts then some thing some were is a miss. My mp has mow contacted the FOS re our complaint and asked when responding to quote him I'n their decision etc not sure if it will make a difference but will keep u all posted x
  8. I have been looking threw all the statements and the amounts on some of the statements do not appear to add up at all.! In 2009 were my annual statement shows each payment made being of a Lower amount than actualy paid there also is two payments made not even shown. The arrears for that year is shown as £1250 however having changed the amounts to the actual amounts paid and included the two payments paid and not shown the actual arrears equals to £300 and the capital balance shown is also showing an amount of 300 plus over what should be. Would we be better going in branch do u think? Rather than composing a complaint? Surely this shouldn't be allowed? Feel like I have been well and truly set up:(
  9. In June 2008 having contacted Santander with regard to our mortgage account. My husband named on the title, having been diagnosed with clinical depression, signed of sick, and concern whether the mortgage payments at fixed rate capital and interest payments could be maintained. Following talks with Santander we were advised that due to the product held being fixed over a term of five years not due to end until 2010 a cost would be required of 3900 should we end the agreement early. The lender went into say that an option could be to vary the product held to fixed rate interest only. Having little other options available we agreed and the first payment made over the phone the same day. A few weeks later we Relieved default notices stating arrears on the account, found to be as a result of the lender charging capital repayments on the account. Raising a complaint believed the matter was resolved sadly not continued from June 08 until oct 10 . We must have signed four agreements over that period due to the lender stating not received. The last agreement signed was returned by signed for. The pressure had drastic effects on my hubbies health due to the distress ciudad and constant threats to the loss of our home. Santander however upon finally going oh yes sorry, back dated the account. However the monthly payments agreed to were being charged at an amount higher than signed in the contract. The difference only small but apparent yet even having raised complaints still unresolved. The amount agreed was £377 the amount charged was 380.38 charged for two years . Sadly after this event we missed some payments and the account fell into arrears and charges and interest applied. To cut a long story short the treatment we Recieved pried to court action not advised of pried to court action due to the third party team failing to send the details when aware of the new address. The courts granted an outright possession order Any way the day before Santander issued the warrant for possession we served the lender with a subject access and raised complaint resulting in the warrant being suspended. After several attempts to arrange a new agreement all of which ignored as the case worker every time we called was at lunch:( The firm aware if the complaint made escalated with the fos sent a letter to the house again when aware did not Live there sent stating the warrant would be reissued due to our daily to make the payments set by the judge. Please note the judge had not put a payment plan in place! It was an outright possession order. Any way my biggest problem is following reciept of the sad request. All the mortgage statement did not match the originals recieved looking at the statements closer we found that the amounts paid for over a year were shown as lower amounts causing the account to show arrears amounts higher than should be:( all of which presented to the judge.! Going through the statements it's like the one's provided in the statement have all been amended were as the originals show completely different capital balances payments made etc. Even the balance shown a few months previous since being with the fso has changed and amounts taken off the capital balance not mentioned to us as to why or showing amounts on the statement going on and off The adjudicater having made her decision not to uphold our complaint due to us missing payments on the account? We have however requested an ombudsman look at it but sone how having read the report it all is in the banks favour. The adjudicater however has said the issues with the capital balances and statements etc would cone under a separate complaint and to be honest o have no idea how to lay the details out especially with respect to the statements showing all different amounts. I am happy to post the statements minus personal if it will help ? Any help great fully recieved as I am getting in a pickle abs re writing the complaint over and over as not quite sure how to lay it our. I actually have no idea what my capital amounts should be as all the statements contradict one another. Hope I have made some sense? Helpppl please xxxx
  10. Hi guys, I am at my wits end with Barclays Bank!!. Their consumer complaints service is beyond words to the point were I honestly have no idea what else to do:( In June 2008 I took out a visa card with egg. The total amount I was eligible to use on the card was an amount of £200.00 . Having set up a direct debit and spent the £200 available on the card, I never used it again from 2009 until now still not used! From July 2009 egg took direct debit payments from my account, the first payment being £25.00 and then £15.00 every month and £20.00 a month in 2011. Having not used the card since 2009 and paying regular monthly payments in the belief that it must have been paid by now I tried to access my egg account as had never Relieved statements or letters relating to the account. Unfortunately due to never really using the online account service not for the want of trying I was unable to access my account details:( having used an online calculater to try and work out how much I would have paid in the realisation that I had by the looks paid above and beyond the amount borrowed at the interest rate of 16% I tried to telephone egg. Sadly all my attempts failed as I was unable to answer the identification question being questions relating to the last date I used my card amount spent and were:( having not used the card for over a year at this point I had no idea and hence was refused to be spoken with:( Frustrated I canceled all direct debits hoping that should I still owe any amounts egg would soon contact me. However I never herd a think until a few months ago when I recieved a letter from barclays telling me about my account being now with their firm and my account balance being £325.00!!!! I was like what? My credit limit no longer was £200 it had been increased without my knowledge. Disputing the amount stated as owed I have raised several complaints with barclays and Received everything other than what requested being the bank statements proving the balances owed and interest paid etc. All I Recieved was a statement with barclays charges and the balance now being £350 no details of amounts spent payments made interest charged etc. I tried to telephone them asking them to prove that this amount stated owed was correct. Barclays said we will require you to serve us with a subject data request and pay a ten pound fee! I responded by stating that I believed the amount stated owed was incorrect and to my knowledge all payments paid off! That if they are to continue to persu me for this amount then they need to prove that this debt is owed! The next minute I am getting letters from a firm called mercer . I complained again to barclays and sent them a letter under the data protection act stating that they could not give my info to any third party without my consent including credit reference agencies and this was to remain so until the dispute was resolved. I even served them with a request under the consumer credit act section 77 asking for statements of account etc I Recieved a copy of an egg agreement for 08 a barclays contract and a statement of account consisting of two lines. The amount of credit available and the amount owed!!! They also advised me that they have complied with my request under the act quoting loads of legal jargon at me and then telling me they could give my data to third parties or sell my account etc I honestly may as well talk to that wall and the legal speak they come out with is unreal!! I need help guys as do not no were to go from here:( surely they have to provide me with statements proving the amount stated as owed to be correct? The thing is no matter whether I use terms from the act etc they do the bate minimum and use legal jargon to say why they don't have to help!! Pleaseeeee x
  11. I totally agree! Like many of you who have posted, our complaint made to the fso was not upheld and the adjudicaters entire responce given was baced purely on that of the bank! Every responce given did not take into account any of the evidence we provided. For example Santander sent us our end of year mortgage statement. The account showed arrears amounts that simply did not add up. We sent a sar to Santander after a court case we were not informed was taking place and within the sar were completely new revised mortgage statements showing the amounts paid being totally different to the originals Recieved! Baffled by the statements we referred to payments made on our bank statements and found that the statement used in court was incorrect for an entire year!! An example was payment made 20th july 2009 £368 the bank statement and new statements in sar say 20th July 2009 amount paid £450 this is for every months transaction!! Santander set us up big time! But even laying the complaint out showing the two statements one after each other along with other evidence the fso simply over looked this and said the bank did everything they could bla di bla!! We have requested our case be forwarded to an ombudsman however we have been advised that this could take two years!!! If the mcobs are their to protect the banks and consumers then why does the fos just ignore the consumer and only go by what the bank says? Why do we bother putting info together when it is evident that anything the consumer says is just dismissed and what ever bank info is given is scene as correct. Yet following current reports relating to barclays being fined and stated as corrupt etc by a mp then with this knowledge why isn't something being done? What can we do ? Something needs to change because the entire system is wrong!
  12. Lea thank you so very much for your honesty and taking the time to advise me. Endeavour is one of the very few subprime lenders still holding a licence. Thankfully they are no longer lending as hsbc stopped funding the firm as did not want to be associated as part of. HFC are epf sister company and currently also under strict terms with the oft Lea just out of interest can it not be possable to recind the agreement and ask for unsecured payment arrangements? I no this is something we have asked in our complaint. I trust in what you say and if terms could not be put in place if we had a case, if we start to resolve the situation they set us up for, could you help me put together a complaint befor action to reclaim the broker fees etc xQUOTE=Lea_HTH;3846358]It would be absolutely unfair of me to give you false hope in your situation. The bottom line is as I have stated before - even with a proven miss-sold loan, the likely outcome is rescission, which generally means paying back the capital that you borrowed in the first place. For the vast majority of people, this will mean selling their home in order to meet that commitment. It is game over at that stage - either you pay the money, or the house is sold to pay the money as it basically means that there is no longer a contract between the parties and they must be put back into the position they were in before the contract arose. If you are positive you want to pursue this, then I can only stress that you will absolutely and undoubtedly need the services of a solicitor, who will read through all the papers, look at all the evidence and give you advice on your likely chance of success. It is more than likely, if they find anything in the least suspicious, that they will ask for the opinion of a barrister. This is going to cost you quite a bit of money to pursue, and even if you win, the outcome isn't likely to be what you want. I'm afraid that you are not going to be able to get the kind of advice you want online - it just isn't possible beyond giving the most basic of guidance, which ultimately won't help you. You don't have the resources, or access to the resources, that most lawyers have, and therefore even finding the up to date case law on the subject will prove impossible. I understand that you are positive you want to go through with this - but I personally don't think it's wise. You are far better concentrating on resolving any arrears, paying them off, staying clear for a couple of years and then remortgaging to a high street lender. You can, of course, re-claim any charges you have - there are plenty of threads about that. If you are going to go through with it - you MUST get a solicitor.
  13. Oh god yes! I honestly take my hat off and have up most respect for such as your self as trying to learn what I have has taken weeks and weeks and still I haven't even touched the sides of what you have had to learn to work in the field you do:) In response to your questions, the loan is dated by the lender agreed to 29/11/2007 We fell into arrears soon after around in June 2008 . We realised literally after and contacted them but were told we signed it so must have agreed to it and if we didn't pay the required amount they would take our home and possessions to sell to make up any short fall. We even raised subsequent complaints and as stated in the contract under complaints and in complaints letter to go to the fos. But the fos informed us that it fell out if their jurisdiction. It wasn't till recently contacting the oft that we found out there licence details and what contract we have
  14. Lea i have to say you have raised a very important fact that could be used as a defence to the case we are making. unsure of the statement or term you used 'un clean hands' following looking into the meaning of this doctrine i discovered such a statement can be used by both parties which can be defended. Looking at the meaning i came accross some very interesting material relating to the case being discussed with you. Would it be correct that in legal terms my claim would come under two violations missrepresentation occured befor the agreement was entered inducing an agreement were the firm induced ourselves by missrep of the material relating to the agreement or nature of thr agreement for the want of a better word being dishonest and failing to disclose vital terms and requirements which as a result we entered an agreement under duress for thr firms finsncial gain. i suppose this vould be condidered fraud? we then entered an agreement with good faith trusting the firm later realised was agreement we had not realised as being an agreement we would not have entered had we been made aware of the facts entised into un lawfully setting us up for failure for financial reward of the firms conserned. the agreement i would say is unconsionable? and not entitled to specific performance because commited wring doing ?
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