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Ginger Cat

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Everything posted by Ginger Cat

  1. Well, if someone’s post was inadvertently sent to my address and I knew them, I would contact them first. I certainly would not open it. The bank are at fault for sending it to the old address and have admitted it. I am not after any compensation from anybody. An apology would be nice but nobody does that any more for fear of litigation.
  2. Thanks everyone for your replies. The person who opened my post knows me and knew how to contact me if anything arrived in the post. I believe what they did was to my detriment because now I am unable to use my card until another arrives at my new address. Also, the bank are at fault because I informed them of the new address and they failed me and have admitted such.
  3. The Act you are disputing is The Postal Services Act 2000.
  4. Why are you disputing this act. Especially as the person knew how to get hold of me and let me know.
  5. I have just found out that is illegal under The Postal Services Act 2000. It states that it is illegal to open someone’s post or delay it reaching it’s owner.
  6. My new debit card was cancelled by my bank because it had been sent to the wrong address and somebody opened my post and contacted the bank and said I did not live there. I had told the bank my new address but their systems went wrong and sent it to the old address. They are sending me a new one but in the meantime I can’t use my old debit card as they have cancelled that too. Does anyone know if it’s legal to open someone’s post and contact the sender?
  7. DWP has asked me apply for PIP from DLA. I am a 69 year old pensioner. Does it apply to me?
  8. Sorry, for not replying sooner. When we wrote to the CEO of the company, a few weeks ago, after they had the 1993 possession reinstated. They wrote back to say they any further action would be put on hold while they looked into our accounts. Unfortunately, this they did not do and a warrant was issued. We immediately rang lender who said it was a mistake and would get it withdrawn and cancelled. We asked for it to be confirmed in writing and also rang their solicitors and asked for confirmation which they provided. And just to make sure, we rang the court who confirmed it had been withdrawn. Meanwhile, we have managed to find a solicitor who will see us under legal aid and made an appointment for next week.
  9. Also, get the press involved if you can. The Express have got a campaign going at the moment.
  10. I've got another thread going in the repossessions section but I will repeat that I have now made a complaint to the CEO of our lender who has passed it to his manager to look into the accounts and we were assured they would not take anymore legal action. But they lied or were incompetent because we got an eviction notice which we managed to get retracted & cancelled and an apology. It might be an idea to complain to the CEO & FOS. We marked it private & confidential to make sure he saw it.
  11. We put a complaint into the CEO of the company who has asked his manager to investigate accounts and report back to him. In the meantime they issued an eviction notice despite the manager assuring us in writing that no further legal would be taken. They have now cancelled that notice after we asked them & their solicitor to retract it. One hand does not know what the other is doing it would appear. Yes, we need a solicitor very badly.
  12. National Home Loans. They put a breakdown into court but the figures are incorrect and they have been very creative with their accounting. We never missed the arranged payments. I think they were just happy to let it mount up before they took any action. They wanted us to sell or give them the keys and the CAB suggested the MRS would be a good route to go down as we fitted the criteria.
  13. Thank you very much for your reply. The local authority have said they would only provide emergency accommodation and that we would have to find somewhere ourselves. We would be entitled to housing benefit. There is a housing crisis in our area and initially they said that it would be cheaper for the council to go with the MRS but now they will not. We are disputing the loan (as we've been told it's a loan by several people not a mortgage) accounts and we have been trying to get a solicitor on legal aid which is proving very difficult as they are all over loaded. I think we were definitely missold the loan as I would never have taken out such a thing if I knew it would amount to £1million at the end of the term. Some other people who looked at the accounts also said that even if we had paid the proper monthly payments, we would still owe at the end of the term. Do you think we would be able to get the possession order suspended if we are disputing the accounts which we were at the last hearing but the judge was not listening. Also, we have put a complaint into the FOS.
  14. We took out a mortgage for 84,000 in 1990 and today the lender says on their latest statement - Arrears: £601,551.00 Contractual Payment: £10,848.45 Balance: £358,706.27. For many years we've been ill and disabled and have had to rely on income support payment plus an additional amount as agreed with the lender many years ago to be paid and to date, we believe we have paid approx. £130,000. The interest rate applied at the beginning of the loan was 15.95%. But the company said it was stabilised at 10.49%. The monthly payment was £676 then changed to £686 four months later and has changed every few months ever since. This changed when the endowment was cancelled and the company changed it to a repayment and interest mortgage in 1992. The interest rate according to the lender was 10.80% and the payment was £873 and then the next few months £940. Then in April 1993 it was according to the lender 9.99% and the interest rates changed up and down throughout. All this time we were in touch with the lender who were quite happy to accept the payments as agreed.
  15. Yes, it's been at reduced payments as agreed with the lender. They were happy to receive benefits plus some extra. Unfortunately, we were both taken ill at different times and became disabled and the lender was made aware of our circumstances. The amounts from dwp varied because it was tied to a basket of lenders (govt changed rules) and we agreed to pay extra of £82.00 month. We never missed any of these payments. Regarding the MRS - The CAB suggested we apply for as we fitted all the criteria and they started it. But it was turned down by the housing association because it was over the cap. We contacted the Home & Communities Agency who suggested there had been maladministration and that it should be applied for via our local council only. So we contacted them and reapplied. It is only today that we are told that they are refusing to process it further because of the cap. We have told them the HCA said that under certain circumstances the cap can be waived. But they are refusing to budge and have said the housing association said it had been turned down in April because of the cap. Property is valued at £375.000. We borrowed 84,000 in 1990. Lender keeps giving different figures from 350,000 to 600,000. No other loans secured against property.
  16. Sorry you have been through that, it's just awful. Did you get a final letter from council turning you down?
  17. I'll have a go, I did threaten the council at one stage, that I would contact my MP and she said I can give you his contact details but I said it's ok I already have them. So I suppose they must be expecting it and they are sure they are in the right.
  18. The PPI stopped in1992 as our request because they changed insurance companies and the new one did not cover our needs. We had paid from 1990 and the total amount under the PPI column (according to their accounts put into court) was £569.84. Also at that time the mortgage was changed from Interest to Interest and Repayment but we were not offered any alternative repayment vehicle by this lender nor the implications of this change discussed by them and we did not sign anything.
  19. On their Addendum 1/2 point 3. says. "Since that order was made arrears on the account have steadily increased from £7,644.68 (see entry on statement of account at page 4) to their current level of £255,185.58 (see entry on stateament of account at page 8). The relevent column for arrears is that headed "Arrears of interest, bins (buildings insurance premium) and PPI (payment protection insurance premium)" " There is more but I think that's the relevant point you want. Balance outstanding is something else! Please let me know if there is anything else you need to know as there is a lot more. Many thanks for your help.
  20. We applied for Mortgage Rescue Scheme recently, well back in April last year, through the CAB who said we met all the criteria and would probably be successful and they would back us. Well, it turned out that the Housing Association turned it down, saying it was over the cap and in a very expensive, exclusive area. They didn't even value it and also wrote to our lender saying it had been turned down and quoting the wrong council. They had not even approached our council. We contacted the Homes & Communities Agency who are responsible for administrating the MRS. They told us applications have to be made through the local authority ie. our local council and told us it was maladministration and to apply directly to the council again. Also, that there is some flexiabililty on the cap and it can be waived in certain circumstances as they realise in the SE property is more expensive. So we did and supplied all the necessary information they required. They, in return sent a letter to our lender asking them to hold off on any legal proceedings as they were processing the MRS as due to an admin mix up with original application it was taking longer than expected. They also gave us a letter to give to the court saying we have applied for the MRS but due to a mix up with the CAB it was taking longer than expected and could be allowed to remain in our property until a decision is made whether its going to proceed. When we went back to court the judge asked what was happening with the MRS and we said we don't know (we were back in court first week of January) and the council were closed over Christmas and New Year. We had been ringing them up beforehand every week but there was only one person dealing with it and they were very difficult to get hold of. We sent letters, emails, constant phone messages. We ended up with a 20 year old Suspended Possession order being granted. Since this, we have been trying to get hold of the person at the council once again to see what she has been doing and eventually got hold of her line manager. She contacted the housing association and was told it was turned down in April because of the cap and it was too expensive. She also contacted the Home & Communities Agency who confirmed we should reapply but not that the price cap could be waived. Which is not correct because we spoke to them yesterday and they said once again, it is flexible and can be waived in certain circumstances. For some reason, they are not going to push this through. We can't understand why because the council do not provide the funding they just have to recommend it to the housing association who then apply to the Home & Communities Agency for the funds. And as they are not spending hardly any of the money the government has allocated 2-3 million pounds, I think they may have some discretion. Sorry it's a bit long-winded but if anybody wants to know more, I'll be happy to oblige. By the way, our council has only done 2 MRS's in 4 years!
  21. Please can someone clarify what the qualifying criteria means by "the value of your mortgage is less than 120% of the value of your home".
  22. Thanks for replying Ell-enn. Well, we're not sure but that's what the lender put into court.
  23. Thanks for replying. Sorry, I did reply but it did not take it. I'll try again. The arrears were £7644 in April 1993 and £255,185 in April 2012. Originally they got an order in October 1992 that was adjourned by the judge to January 1993 which said The Plaintiff do file and serve an affidavit giving full details as to how the arrears figure of £7265.43 and the current mortgage instalment figures of £987.77 are compiled within 14 days of today's date. Then there was an Amended Order for suspended possession which was ordered to be reviewed in April 1993. In April 1993 the order said "the order of 5/1/93 be further suspended upon the Defendants paying the current mortgage repayments as and when they fall due". There be liberty to apply. During this time we were in negotiations with the lender and came to an arrangement with them. They have been quite happy to keep to this arrangement albeit it was not for the fully monthly payment.
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