Hi Galactica !! Thank you for your clear explanation and no need to apology when trying to help a cagger . I agree with you on the point that the ORIGINAL LOAN is remaining UNREGULATED but : MCOB 4.7.4R Paragraph 3 is giving the solution for this particular situation confirming that IN MY CASE, Barclays is breaching MCOB 13.3.2AR Paragraph 1 and 6 . N.B. It's stated in " MORTGAGE ARREARS INSTRUMENT 2010 " : MCOB 4.7.4R ------------------ " For the purposes of MCOB 4.7.2R … 3) if a firm is dealing with an existing customer in arrears and has concluded that there is no suitable regulated mortgage contract for the purposes of MCOB 4.7.2R, the firm must nonetheless have regard to MCOB 13.3.2E(1)(a), (e) and (f) 13.3.2AR(1), (5) and (6) ... " If any one still believes that my interpretation IS WRONG , I will be pleased to welcome any correction. THANKS TO ALL OF YOU.

THANK YOU in ADVANCE for taking care of it. Good luck !!

Hello CitizenB ! Thank you for your correction and for your time for sending me all those information giving more than I was expecting. You make me feeling more confident to continue my fight against Barclays . After it's warrant of eviction was suspended ( because there was no reason to enforce the repossession ),Barclays sent me a solicitor fee of £500.00 for its unjustified enforcement. Any one's opinion on this matter would be appreciated. Could you also advise me on my actual concern : " Do I have RIGHT to start a court action without waiting for the Financial Ombudsman decision ? " Once again, All my gratitude.

Hi radmm0 ! Thank you for taking your time to reply to my request. You confirm what Barclays told me but I just need a confirmation from here. Once again, Thank you.

Hi Every one, Sending a Subject Access Request, should I have to wait for 40 days or 40 WORKING days ? Thanks .

I have been paying a mortgage with Woolwich since April 2004. After home improvement loan and further advance loan , the mortgage is now composed by three different accounts plus a mortgage current account. . 1) JUNE 2009 - NOVEMBER 2009 I was experiencing Financial difficulties , my partner lost her job in September. So I informed Woolwich about my intention to sell the flat . I asked Woolwich for interest only payment but Woolwich said it was not possible to change my repayment contract to interest only contract. Woolwich then told me to continue paying what I CAN AFFORD without any other positive assistance in compliance with FSA rules. 2) As from DECEMBER 2009 WOOLWICH has been charging : - £40.00 for arrears , IN TOTAL 18 TIMES. - £82.25 and £84.00 for debt counselor home visit without informing me - £100.00 Litigation fee, 2 TIMES - 3 TIMES Solicitor fee : £500.26 + £18.00 + £42.00 And Without complying with MCOB 13.3.2A in " Mortgage Arrears Instrument 2010 ", Woolwich ignoring completly the PARAGRAPH 6 , - took me to BROMLEY COURT and was granted the repossession at the hearing on the 1 NOVEMBER 2010 asking me to leave the flat on the 27 December 2010. Without enforcing the repossession after the 27 December 2010, Woolwich : - Asked me in February 2011 for a so-called arrangement to pay £1263.60 monthly despite my insistance to call it's attention on the fact that I couldn't handle that arrangment because my monthly income was and still is £1700.00 ; [ This is another breach. ] I've contacted the Citizen Advice Bureau and I was only paying £1100.00 and Woolwich continued charging the £40.00 for arrears. And because I've complained about the repetitive charges of £40.00 and warned woolwich that I will stop my mortgage payment until a Court decision makes me change my mind if the charges continue to increase the mortgage outstanding balance, Woolwich : -Enforced the repossession to send me the eviction notice on the 25 JANUARY 2012 that should take place on the 22 FEBRUARY 2012 in a situation where after my first payment of £1263.60 in february 2011, I've being paying without any arrears : From MARCH 2011 - £1100.00 covering £1053.81 for the 3 mortgage accounts plus £46.19 towards the arrears till 31 AUGUST 2011 ,date where I reached the end of the fixed rate term ; And from SEPTEMBER 2011, after the rate variation - £950.00 covering £836.45 for the 3 mortgage accounts plus £113.55 towards the arrears till 31DECEMBER 2011 In order to stay the eviction, I submitted N244 application and the Court suspended the warrant of eviction by asking me to pay £953.00 representing £146.00 towards the arrears in addition of the monthly contractual payments of £807.00 because woolwich solicitor declared to the judge at the hearing on the 13 february 2012 that my monthly contractual payments are £807.00 in total instead of £836.45 , creating a new problem I am trying to find a solution for now. To make it short I CONFIRM that : 1) Woolwich sent me a final letter to continue my complaint with the Financial Ombudsman. I did it on 13 FEBRUARY 2012 and I received a reply confirming they will get back to me again in four weeks time. 2) Woolwich admitted in the final letter : 2011 incorrectly as you paid the first required payment of £1263.60 in FEBRUARY 2011. I have therefore reversed this charge from your account. >>, WITHOUT any confirmation statement but confirming that all those unfair charges , litigation and solicitor fees due to Woolwich breaching MCOB 13.3.2A ,MCOB 13.3.4A, MCOB 12.4.1R [1][2] , PRINCIPLE 6 and many OTHERS , increasing MY mortgage outstanding balance. 3) I've sent a Subject Access Request on 16 JANUARY 2012 and I got a proof of delivery signature but Woolwich didn't reply at all. when I told woolwich about it during a phone call on 27 FEBRUARY 2012, I was told that I have to wait for fourthy WORKING days instead of fourthy days. And finally , because WOOLWICH breaching MCOB 12.4.1BR which provides : a firm must ensure that any payments received from the customer are allocated FIRST towards paying off the balance of the shortfall [ excluding any interest or charges on that balance ]. >>, I AM SEEKING ANY HELP or ADVICE for a professional investigation on all my mortgage accounts in order : A) TO UNDERSTAND : - How the arrears accumulated - How the interest was calculated - What outstanding balance was taken in consideration to calculate the interest - What parts of my payments are used to pay off the interest and the capital B) TO STOP Woolwich taking advantage from my situation as I am still struggling to keep my payments. My final intention is to sue Woolwich if possible. THANKS to every one in advance, and sorry for my english. ,