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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 ?
  15. Thank you lea. you mentioned 'un clean hands' can you explain what this means in relation to my complaint? also, can i ask in relation to a responce receivef from endeavour all though they stated the complaint was not up held in responding to my points raised the firm admitted in there responce that they took my income at that time made up of the childrens monry ie my sons dla tax credits and child ben and had they not the form would not have granted the loan. can you advise me if this is standard ?QUOTE=Lea_HTH;3845886]The 'why' is thesame as in the other thread where you quoted my response to someone else on the same matter. If you want to pursue this issue you will need a solicitor to do the paperwork for you. It will require a great deal of research, a great deal of reading through paperwork to find any alleged issues, and a great deal of time - none of which the vast majority of lawyers would be willing to do for free.
  16. Can i ask why you feel we have not got a case lea?also if we go a head could you possably help me with an n1 statement ? XQUOTE=Lea_HTH;3845109]Is this the statement that you referred to in your other thread? If yes, then my opinion remains the same; you probably don't have a case for a miss-sold mortgage. Even if you do, you are going to need the services of a solicitor, who will undoubtedly engage the services of a barrister to give advice on the case. It's not going to be cheap. No win no fee lawyers don't act 'if there is going to be enough of a payout to pay their costs' - the person who stated this is wrong. Conditional fee agreements are based on likelihood of success, so the service you get should be the same as if you had paid for it up front, the fees are paid for by the other side if you win, and if you lose, your solicitor swallows the cost in the form of after the event insurance (usually).
  17. Lea i have written a detailed document relating to this case and if you would not mind i would appretiate it if you would take a look only if you do not mind xxxx thank you chic QUOTE=Lea_HTH;3805107]I honestly don't think you've got a case for mis-selling. Successful claims for such generally result in rescission, putting the buyer back in the position they were in before it occurred, which, for most people, would mean having to repay the capital sum borrowed, and therefore having to sell the house to raise that money. Besides, as you quite rightly said, you played a part in agreeing affordability, which would indicate you don't come to court with clean hands (a must in a case placed before a court being asked to use the law of equity to decide).
  18. [Hi honeybee We have been in regular contact with the oft and now have contacted the law society. However I am tuning out of people to call as all have stated not there area of law and civil . However I have found one which is a little further from home so fingers crossed. We have finally received a response to the complaint which states they did take my benefits into account and had they not we would not have been awarded the loan. They have refered me to the fso however contacted them again just to make sure found the same responce not in there jurisdiction. Myself and my husband have talked and belueve we may have to act for ourselves but we have no idea were to start. Any help would be appretiated xxx lQUOTE=honeybee13;3834438]Hello there. Where have you tried for advice so far, please? Have you spoken to the CAB for instance? CAG doesn't recommend lawyers and I would advise exteme caution if anyone contacts you. If you're looking for a NWNF lawyer, have you tried the Law Society website? I know they have a database of lawyers and their specialisms, you might be able to find one near you. Of course NWNF people will only want to act if there is going to be enough of a payout to pay their costs. My best, HB
  19. The final part:-D Mr & Mr believe your firm have deliberately broken their trust shown towards you for own financial gain, and in doing so have exploited the trust placed with you. Mr & Mrs Newman have sent money during the time of the relationship unaware of the extra charges being incurred or legal agreement details relating to the legal charge. Mr & Mrs have almost lost their home as a result of the negligence of you firm, all of which was for financial gain of you the lender and your agent acting as a broker. Should this matter not be resolved within 8 weeks from the date of this letter, then upon a request being made to the courts, a court hearing will take place. Should we not hear from you within the time scale as required, then a court date will be appropriated and all relevant documents to be brought forward for the Judge’s decision. We hope that court action will not be required and this matter can be resolved. Yours Sincerely If any one can help it would be appreciated as i do not no were to go from here especially as unable to take to the FSO, i am however providing the OFT with regular up dates following request xx Ps thank you for taking the time to read my complaint against EPF xxx
  20. The defendants within the agreement or in any PRe-disclosure agreement failed to provide details to the claimants of the total cost to be incurred for the total sum borrowed for the agreement. The contract terms used within the agreement are miss leading an open to abuse by the lender as the sums to be paid for default or early settlements or costs of specific sums are not shown as a figure and are open to alteration at the discretion of the lender. This also relates to the interest rate charged and cost per month, again can be altered at the discretion of the lender and long term loss to the claimant’s concerned. All the terms of the agreements are for the benefit of only the claimant and show no benefits what so ever to the defendant. Even under the complaints section the contract signed refers to the financial services authority inclusive of website addresses and telephone numbers when in the knowledge that the agreement does not fall within the jurisdiction of the financial services at all. The defendant failed to provide the claimant with the number of payments required under the loan agreement entered into. The defendant failed to ensure that the claimants could financial afford the loan being entered into The defendant prior to the agreement being made failed to inform the claimants of their property upon acceptance of the loan agreement being in negative equity. The details relating to the amount of equity left within the claimant’s home neither was nor received till after the agreement had been entered into. ‘Due to the excellent credit rating of the claimant’s we have been able to grant you the loan using 95% of the equity in your home!!’ The defendant used high pressure sales that were miss leading and did not incorporate amounts found out as charged as brokerage fees, lender admin fees and or undisclosed hidden fees charged to the defendants account. The facts relating to the account were misrepresented. The defendant withheld documents that were required by the claimant’s to make an informed decision prior to entry to the loan agreed. The defendant used unclear agreement details miss leading the claimant’s into a false sense of belief, violating Mrs Newman’s mental health, level of understanding at the time the agreement was entered into. All misrepresented to the claimant’s in order to ensure an agreement was made for the financial gain of the parties concerned. The defendants failed to advise the claimant’s to seek legal advice prior to acceptance of the agreement or signing the legal charge unaware of what the meaning of the document was due to the terms being withheld at the time the agreements were entered into. The defendants set the claimant’s up for financial loss, financial hardship, possible loss of their home, a high risk agreement with contract terms that were for the benefit of only the defendant and detriment of the claimant’s concerned. The defendant withheld relevant information from the claimant’s. The defendant dated the contract agreement the 29/11/2007 without the claimant’s permission or disclosure prior to being dated. The contract agreed to was entered prior to this date being a date shown by the broker as the 15/11/2007 some weeks previous. The defendant failed to ensure that the claimant could afford the loan being entered into. Documents relating to the contract agreed, dated the 29/11/2007, were undisclosed to the claimant upon receipt of the legal documents being received or advised of during disclosure. These documents were not received until after all documents had been signed and cash payments paid by the lender into the claimants mortgage account on the 4/12/2007 days after the agreement date was signed by the lender and stated to be the date of agreement when in the knowledge that the agreements had been signed some weeks previous The underwriter of the loan agreement stated the amount we stated was the loan amount was somewhat higher than they had been led to believe Documents within the data received from the main lender Santander relating to questionnaires asked for by Norton finance as well as permission for the second charge to be listed on the registry stated to Santander that the amount of 42150.00 included insurance payments The claimant’s believe that the defendant was professionally negligent, paid secret undisclosed fees to the broker without informing the claimant’s, disclosed by the under writer for the loan as being correct. The financial statements provided also have missing payments made and are not shown on the financial statement, the amounts shown are incorrect; the interest rates are also incorrect along with the balance shown as owed under the contract. We have provided you with this document with the exact payment amounts made and true balance of the account for the dates shown on the statements provided, please amend accordingly and repay interest for failing to add the amounts leading to further indebtedness and interest being incurred under the agreement. With respect to the contract terms of the agreement entered into , The Unfair Terms in Consumer Contracts Regulations 1999 5.—(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term. (3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract. (4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.(5) Schedule 2 to these Regulations contains an indicative and non-exhaustive list of the terms which may be regarded as unfair. Terms to which these Regulations apply 4.—(1) These Regulations apply in relation to unfair terms in contracts concluded between a seller or a supplier and a consumer The claimant Mr & Mrs do here bye say the following "Yes, I entered into a contract with you but I should be allowed to get out of it because of what wassaid/what was done by you/your position of power over me, etc. “Mr & Mrs do hereby rescind the agreement made. Trade Practices Act 1974 (Cth) s 52 (HPH 1132) "A corporation shall not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive." Endeavour personal finance when negotiating a contract or performing a contract are legally required to carry out such obligations with an absolute obligation not to mislead - an absolute obligation to tell the truth. Endeavour personal finance provided miss leading information to the claimant’s leading the conduct of the defendants to the claimant’s error of accepting an agreement that was misled to the claimants concerned. It must be possible substantially to restore the status quo
  21. fee’s to be incurred overall, details of the hidden secret fees paid to the broker by the lender Due to the undue influence placed on Mr & Mrs Newman, they formally entered into a legally binding agreement that they found soon after could not financially afford. in 2008 the claimant’s raised a complaint with Endeavour Personal finance, the defendants in receipt of the details of the complaint being raised, ‘upheld the complaint’ The defendants agreed with the claimant’s, stating the loan agreement was miss sold to the claimant’s., however in upholding the complaint and extending the term by 5 years at the further cost to the claimant, little redress was received. The defendant in upholding the complaint reminded the claimant that although the complaint was upheld the agreement entered into was a legal contract and as such was to remain so. The defendant went on to say that the contract entered was a legally binding agreement and that obviously as the claimant’s had signed the agreement found to be miss sold, they were obviously were happy with the terms, as if not happy would not have signed the contract agreed to. Endeavour Personal Finance made it clear that they would extend the term to 20 years, reducing the monthly outlay slightly, however could not extend the term to the 25 years quoted as the saving per month would be so small, yet the cost of the loan amount would be significantly higher. Believed to have no other choice, the agreement was signed with great upset of the claimant’s to the redress received, but believed they had little alternative other than to sign the agreement in order to reduce monthly outgoings if only slightly in the hope to reduce the risk of losing their family home. The defendants response in failed to provide the claimant’s with alternate contacts to appeal the decision of the complaint and scared for their home extended the term as was believed from the letter received that little else could be done and if payments were breeched it would come and the cost to the claimant’s home. No alternatives given, the pressure of the financial situation being applied meant the claimant’s had to agree with the defendants as nothing else could be done as stated in the letter received and believed by the claimant’s was fact. The complaint letter received states that the claimant’s approached the broker! This statement is extremely untrue and was told to the defendant following receipt of the response being given as being so. The broker on the 1st November 2007, without any prior request of the claimant’s, completely out of the blue contacted the claimants in a bid to sell a consolidation loan agreement to the claimant for financial reward to the broker by the lender Endeavour Personal finance, upon the agreement being sold and later found packaged for the lender for financial incentives offered as a reward for loan agreements being sold The defendant stated within the particulars that they were concerned by the claimant’s comments that Norton finance stated that the loan term could be extended after completion. However the broker confirmed that on the 1st November 2007, the broker quoted for a loan of £40,000 over both 15 and 20 years and that the claimant’s opted for 15 years. That due to a technical error the transcript of the call had been damaged Endeavour went on to say that ‘ultimately you have signed a legally binding agreement indicating that the claimants were happy with the terms of the contract. Therefore if the claimants were unhappy with the term or monthly repayments the claimant’s should not have signed the agreement. The letter goes onto say that the defendants were prepared to restructure the account to a term of 20 years not 25 years as the difference is only £24.00 per month and approximately would cost an additional £15,000 in interest charges. The defendant made it clear that unless the letter was signed no adjustments would be made, leaving the claimant’s little other option in their financial situation but to sign the letter to try and prevent the loss of their home due to the hardship of being unable to pay the amounts required.. As clearly revealed the amounts quoted were also misrepresented when the loan was being sold as the amount inclusive of Broker fee’s undisclosed was an amount of £42,150.00 further increasing costs to be incurred Lacking the understanding or having the knowledge of the options available to the claimant’s, The claimant having Bipolar disorder and Mr suffering a mental breakdown, stated to by his practitioner as clinical depression, caused by the financial stress placed upon him, Unaware of their legal rights, the fear of the loss of their home, the letter received was signed and found later was yet another misleading document setting the family up for yet further failure Endeavour Personal Finance use of undue pressure applied, abuse of the families understanding, mental health, abusing their position of strength in order to place Mr & Mrsin a position of no alternatives. Continued with the agreement made at further financial loss per day at amounts of significantly high interest, recently described as a subprime lending loan agreement miss sold and entered into due to limited understanding and placing the trust in what was believed as professional individuals whom had our interests at heart. Sadly we couldn’t have been further from the truth if we had tried. Mr & Mrs incurred significant loss to their health, finances and equity within the property following entering into an agreement that the claimants’ were led to believe was the answer to all their financial needs, were as in fact what the payment plan actually was, was setting the family up for failure at the cost of their family home. Using comments and statements that were untrue and all to gain the agreement of the loan being offered, use of third parties and false disclosure of information being given. The claimants’ were being set up from day one and even when raising complaints simply miss led further using the lack of the claimant’s understanding at that time against them along with the ill health of the claimant’s and claimant’s children concerned.. The sale of the loan plan agreement was carried out for financial gain of the defendant’s; with no concern to the claimants’ or their family concerned..Mr & Mrs believe that there was an unfair relationship between themselves and the creditor unaware that a fee would be charged Mr & Mrs following recent advise received and investigation taken place found not only were broker fees paid that were undisclosed to the claimant’s but also that a secret fee had been paid to the broker by the defendants Endeavour Personal finance Following discovery of specific documents within a SAR received from Santander the first mortgage on the property, it was found that Norton finance believed to be acting as an introducer of the loan, was actually acting as an agent for the defendants themselves. Following contacting the broker firm and speaking to the underwriter of the loan agreement we entered, the broker concerned explained the relationship held between the parties concerned as well as the disclosure of a further payment being made by the lender at the cost to ourselves the claimants upon the loan agreement being finalised and packaged. This was given by the lender Endeavour as a hidden fee and paid for duties to the lender for packaging the loan we agreed to and all for cash incentives given to the broker by the lender at the cost to us the claimant’s for the financial gain of the lender Endeavour and broker Norton finance. This undisclosed payment, known as a secret payment was made to the broker upon the agreement being finalised and packaged by the broker. The broker in this case was not acting as an introducer to the firm to the claimant, but was in fact acting as a packager for the defendant for a large financial reward at the cost only to the claimants’ and their family. The claimant following further investigations and support being given found that the agreement entered was being charged at two interest rates, a variable interest rate of 9.8 and an underlying interest rate, again not event within the contract terms and again presented in such a way only to miss lead the claimant’s concerned. All for financial gain of the lender. Endeavour personal finance as the lender for the loan agreement had a duty to ensure that all details relating to the loan agreement were disclosed. However this was never evident and as such the claimant’s at no stage were made unaware of the consequences of the interest rates increasing, especially at the extortionate rates being charged, Or In particular circumstances, or were unlikely to reduce in line with changes in the market. As a result the claimants’ entered into an agreement without all the facts and information and had specific documents such as the details relating to the equity in our home and fee’s to be incurred being un- disclosed prior to the agreement being entered into, We the claimants’ believe had we of been informed of all the information at the onset of the agreement being entered into we would quite possible have chosen not to enter into the transaction. Especially so, had we been in full knowledge of the facts. Mrs the second claimant within the agreement diagnosed with Bipolar disorder in 2008 was sold the loan on the 1st November 2007 following receiving a call completely out of the blue, without any prior knowledge what so ever of a call being expected or agreed to receive. Mrs named on the agreement, not named on the title deeds, and stated clearly at the onset that she did not want to be named on the agreement as was not named on the title deeds. Mrs Newman long term unemployed,. A full time career for her two Disabled children and unwell herself stated that the children’s disability payments could not be taken into account when working the income amounts for the loan. Mrs the claimant went on to say that her income could not be relied upon due to being made up of disability benefits and payments used for the long term care of her children concerned. Mrswas told that in order for the loan agreement to be granted she was required to also be named on the agreement, not due to financial status, but simply as a requirement of the lender when agreements are being made and persons are married. This was stated to be a general requirement of all lenders and should we wish for the agreement to go ahead and receive all the fantastic benefits of the loan being offered, reducing financial distress and increasing monthly income overall, then her agreement to enter the contract was a requirement to the lender concerned. Little did Mrs this was simply sales patter and she did not have to enter the agreement at all and the real reason for this request was to enable the lender to have more security should they need to foreclose, allowing for the income from both parties to be taken ensuring the probability of a healthy return. Mrs was made to believe she had no other choice that if she didn’t sign the agreement it would affect her family long term, made to believe no real choice as to acceptance of the particular terms. Mrs was made to believe that her agreement was a standard requirement when persons are married. Endeavour Personal finance Ltd is believed by the claimant’s to have engaged in business practices which are deceitful, oppressive or otherwise unfair or improper, whether unlawful or not. With regard to the contractual terms, the terms related to the legal charge, baring no link to the main agreement were undisclosed at the onset. This in turn resulted in a document baring little other detail other than legal charge and request of signatures to be witnessed to be signed by the claimant’s, again as no terms relating to the charge by mortgage deed were not disclosed prior to the agreement being entered the claimants were not informed fully of the legalities of the document being signed. As terms were stated on the first agreement the claimant’s did not feel as though any documents were missing, however recent disclosure has proved once again not to be the case. The agreements were also at no stage individually negotiated and are regarded as unfair as are contrary to the requirement of good faith, and cause a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the claimant’s Mr & Mrs Endeavour PLC the defendants failed to inform the claimants of any broker fee’s, or secret fee’s as recently shown to have been paid prior to the agreement being entered into. The defendants failed to advise the claimant’s that the fee stated to be a lender admin fee, was actually a fee paid to the broker Norton finance. The defendant failed to inform the claimant of the relationship held with the broker or make aware of any fees to be paid relating to the legal agreement being entered into. The defendant failed to provide in pre-disclosure or within the details of the legal agreement, details of the total amount borrowed inclusive of all fees and charges under the loan agreement. The defendant failed to advise the claimants of the sums paid for insurance, unrequested, not asked for, nor needed or even disclosed of The defendant failed to advise the claimant of any broker fees or secret fees for packaging of the loan agreement, that the claimants were unaware of being carried out by the broker for the defendant Endeavour PLC Ltd. The defendant failed to disclose details of the loan being entered in a pre-notification agreement prior to the legal agreement being entered into allowing for the claimant’s to consider the agreement over a longer period, provided with all the legal documents not provided before the agreement was entered into, The defendant Endeavour Personal finance, failed to advise the claimant of all fees individually to be applied to the loan agreement in a clear and not misleading way as well as shown as a total amount payable under the agreement. The defendant failed to provide details of the number of payments required for the loan agreement being entered into. The defendant failed to advise the claimant within the loan agreement entered into of the date payments were required for the loan agreement entering into. No mention of date or how payments are to be made was given prior to the formal agreement being signed by the claimant’s The defendants failed to provide details of the variable interest rate to be paid under the agreement being entered into, or explain to the claimant’s that not only a variable interest rate would be charged but also an annual interest rate charged as an underlying interest amount, leading to only further costs overall to the claimant’s
  22. The defendant ‘Miss sold, ‘Misrepresented’ used Undue influence, harsh sales techniques, abused the confidence & trust placed within them by the claimant’s, then exerting unfair mental pressure in order to ensure the agreement was entered into for the defendants financial gain at the detriment to only the claimants. The agreement entered into on the 3rd November 2007 was sold to the claimants using undue influence and misrepresentation of the loan being offered The Secured loan consolidation Plan was advanced to the claimant’s and debtors of the claimant’s in individual loan amounts. The agreement arose out of an unfair relationship of influence between Mr & Mrs Newman, and the lender Endeavour Personal Finance.. Mr & Mrs Newman, during the relationship took no advantage and entered into the agreement with ‘Good Faith’. The loan plan was only accepted solely on the information provided Endeavour personal finance with the aid of the broker Norton finance, exerted unfair pressure over Mr & Mrs Newman. Endeavour personal finance and the broker failed to inform the claimants of the duties requested by the defendant to the broker during the agreement being made. The defendant abused the relationship and trust placed in them by Mr & Mrs Newman. The defendant abused the trust placed in them by the claimant’s, braking not only the trust but the confidence of the parties concerned, The defendant in misrepresenting the loan agreement to the claimant’s set the family up, for financial loss, financial failure at the risk to their family home, health and long term causing financial hardship. Endeavour personal finance failed to provide all the relevant required documentation relating to the agreement being entered into, specifically details of the cost of the loan being agreed to, The negative equity within the property upon agreement to the loan, the interest rates to be paid under the agreement along with the number of payments to be made, the total cost of the loan agreement, broker fees to be charged bearing interest upon them, admin fees and hidden charges. All of which has placed the family home of the claimants’ in negative equity and at great risk to the extent of the family almost losing their home.
  23. The contract documentation should comply with all relevant legislative requirements, including the Consumer Credit (Agreements) Regulations 200411 and all relevant provisions of the Consumer Credit (Disclosure of information) Regulations 200412 and the Financial Services (Distance Marketing) Regulations 200413 on pre-contract disclosure. It should set out clearly and fully the borrower's rights and responsibilities under the agreement. Contract terms should be written in plain and intelligible language, and should not be unfair within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs).14 The defendant failed to advise the claimant or encouraged the claimant to read all contract documentation carefully, and to consider obtaining independent legal or other advice (for example, from a Citizens Advice Bureau or Money Advice Centre or Law Centre) before entering into the agreement. No mention of this was given to the claimant’s nor adequate time allowed for this. The contract documentation and any associated customer booklet or leaflet should set out clearly any other fees or charges payable by the claimant including any amounts payable on default. They should explain the purpose and nature of the fee, the basis of calculation, the amount due,15 when and how payable, and to whom. All of which was not received by the claimant verbally, in written format or within the contract agreement. APRs must be accurate. If rates or charges are variable, then it should be made clear to the borrower that this has not been factored into the APR or early settlement examples. The potential implications of such variations should be explained in full. Rates should only be varied to recover genuine increased costs in lender funding and should not be misused, for example, to take advantage of a borrower's lack of ability The Brokers and the defendant should, have as far as is reasonable and practicable, Ensure that all information on a loan application is correct. They must not themselves - nor encourage or allow the borrower to falsify details (for example as to income or employment). If the borrower goes into arrears, lenders should deal with this sympathetically. They should monitor the account regularly and carefully with a view to preventing arrears building up quickly or excessively. They should notify the borrower, in writing, each month while the borrower is inn arrears, of the current amount of the arrears, together with the amounts paid and unpaid since the last notification and any interest or other charges accrued including default charges The defendants have failed to use appropriate actions in respect of arrears on the loan agreement account and a second subsequent default was issued following no contact being received for over 5 months and no default or sums outstanding were given The defendants in the knowledge of the account being in dispute be failed to use consideration sympathetically a proportionate and use Repossession as a last resort. The defendant issued the subsequent default when in the knowledge that no financial statements or letters or contact by the lender had been made for some significant months and the issue of a subsequent default notice without a default notice or amounts owed was sent in the hope to foreclose on the property without having to undergo procedure. The defendant within the contract terms has tried to remove any liability for the actions or selling of the loan agreement as a joint responsibility for acts or omissions of brokers who act on their behalf. The defendant and broker acted in any way which was deceitful, oppressive, unfair and improper, whether unlawful or not. Lenders also should not harass the borrower by, for example, sending misleading standard letters made to appear as if they are court/legal documents or making undue, excessive or inappropriate use of statutory demands. The defendant failed to provide the claimant’s with a draft copy of the legal agreement prior to the agreement being made The PAP applies to arrears on second charge loans as it does to first charge loans. The aims of the PAP are to ensure that a lender and a borrower act fairly and reasonably with each other in resolving any matter concerning arrears; and to encourage more pre-action contact in an effort to seek agreement between the parties on alternatives to repossession. Lenders should not disclose the fact that the borrower is in arrears to any third party without the borrower's consent. They should respond promptly to any telephone calls or correspondence from the borrower or from the borrower's agent or representative. In cases of serious misconduct and/or where there are concerns about integrity, we may conclude that a trader is not fit to hold a licence and will act to revoke its licence. Failure by second charge lenders or brokers to employ adequate practices and procedures in order to ensure that consumers are not subject to unfair or improper treatment would constitute grounds for the OFT to consider fitness to hold a licence. Similar considerations would apply to both existing licensees and Applicants for licences. The defendant Endeavour Personal Finance Ltd failed to make clear, fair and balanced, the terms of the agreement, misinterpreting the facts in order to secure the agreement with the claimant’s for financial reward. Misleading the claimant’s into agreeing to a legally binding document, in particular with regard to the costs of borrowing and the loan agreement being entered into. The Defendant failed to provide full details and implications of the risks to the claimant’s The implications and details relating to the agreement were not provided or explained, orally or in writing to the claimant’s during disclosure or upon the agreement being entered into.. In particular, the defendant failed to make the claimant aware of the potential consequences of missing payments, or under-paying, including default charges and risk of repossession of the property. The possible risks to the claimant’s credit record, and ability to obtain credit in future, were not emphasised. The defendant failed to inform the claimant’s verbally or in writing the details relating to the interest charges, charged on the account entered into. The defendant failed to use full transparency about the circumstances in which any variable rates or charges may change, in particular where they are not linked to Bank of England base rate and where they may be varied at the discretion of the lender. The defendant used undue influence emphasis on the speed with which the loan had to be agreed by and in order to ensure that the agreements were signed and returned quickly, was stated to the claimant’s if not completed quickly then the agreement being offered may become unavailable, stated and emphasised upon in order to ensure agreements were entered into quickly at the detriment to the claimant concerned Endeavour Personal Finance broke the confidence of the relationship, between the claiments and themselves, Endeavour Personal Finance LTD. Endeavour Personal finance instructed the broker Norton finance to act as an agent for the lender, packaging the loan agreement for the lender for financial reward.
  24. The broker Norton Finance on the 1st November advised the claimants of a loan agreement disclosed and quoted as £40,000, when in fact found following agreement being made was £42,150, this amount stated to be by the defendant as broker fee’s & lender admin fees. The broker arranged a secured loan for consolidation of unsecured debts in contravention of Financial Services Authority regulations on the advising and selling on mortgage products, resulting in the consumer taking out a loan agreement which was unsuitable for the claimants needs. The broker Norton finance acting as a packager of the loan not an introducer as was led to believe, cold-called the claimant’s by telephone without the claimant’s specific invitation, in writing, and received without any prior clear confirmation or request in advance. The defendant failed to disclose early full and adequate explanation of all contract terms and conditions and all fees and charges which may were payable under the loan agreement entered into High-pressure selling was used and speed was stated to be of the essence, in adequate time was allowed for the claimants to reflect on the terms and conditions of the loan agreement, the seriousness of the risk of taking out a loan secured on residential property, and to obtain independent advice before signing. . The lender failed to provide pre-disclosure agreements prior to the agreement being entered into, nor was terms advised or stated for the claimant’s to seek legal advice prior to the agreement being entered into. The defendants failed to ensure the affordability of the loan amount being borrowed and used irresponsible lending and all underwriting decisions without any proper assessment of the borrower's creditworthiness/ability to repay without resort to the security. All the contract terms are in the favour of the defendant and since learnt to be at only the loss to the claimants.and conditions of the loan agreement were found to be soon after acceptance as being unfair and un clear, and certainly not be written in plain and intelligible language. High-pressure selling was received by the broker (packager) putting the claimant’s under undue pressure to enter into a new loan agreement The Brokers failed to disclose at the outset the nature and extent of the service being offered to the claimant, together with any ties they may have to lenders or other brokers. The broker also failed to inform the claimants of any brokerage fee and neither the broker nor the defendant Made clear at the outset or during completion of the agreement. The amount of the fees to be incurred. Even the amounts quoted to the claimants did not include the addition of these significant fees found to be levied onto the loan agreement and bearing interest upon. These amounts were also not confirmed in writing, verbally or made clear within the contract agreement entered into. The existence of any commission or other payment payable by the lender to the broker should be disclosed to the borrower at an early stage, so that they are aware of the potential conflict of interest. The amount of the commission should be disclosed on request. Lenders should ensure that remuneration arrangements do not provide an undue incentive for brokers to recommend particular products when these may not be in the borrower's best interests. For example, lenders should only be offering higher commissions in respect of one of their products relative to another where this is justified in terms of the relative work involved. They should not be offering volume overriders 10. Brokers and salespersons should always ensure that any advice given is in the best interests of the borrower, based on the information available, including advising that it would be not be in the borrower's best interest to take out a secured loan when this appears to be the case. All advice should be appropriate to the borrower's needs and circumstances.
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