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Everything posted by sidley

  1. Saw this in the Times today. I know it relates to small business loans, but could the judges ruling affect all debt cases where the debt company refuse or redact commercially sensitive documents in support of their case? the Appeal Judges full reasoning it can be found here: http://www.nabcustomersupportgroup.o...montoria--oak- This is so far the most interesting part of the Judgement: Anyway want do you think? sidley
  2. Thanks Unclebulgaria, We, obviously, need advice. Who would be the best people to go to? CAB for example? As I said her hands (just google OA hands worst deformities - you will get an idea of how bad she is) are so disabling that she can still dress herself for example, but then needs to rest her hands for an hour or so afterwards. I can't think of any job where you don't need to use your hands! (opening doors, using phones, computers, paperwork, etc). Nor can I imagine an employer saying "you've done 60 mins work today - now have the rest of the day off on full pay" cheers sidley
  3. Hello there, My wife (62) has advanced arthritis on both hands and wrists (inherited from her mother's side of the family). She left her job as a youth carer in January of this year because amongst other issues with her inability to work they pushed her into office and admin. However, with her arthritis, writing or using computers became impossible. As nearly all jobs available requires some use of hands, which she is unable to do, what benefits would be available to her. Does my wife qualify for anything? Other info. She does have arthritis in all areas of her body, but for example she is able to walk reasonable distances, sit down comfortably for reasonable lengths of time, etc. She also suffers from psoriasis (which may have played a part in her condition). A friend of hers owns a wine bar and offered her a job (not too taxing) but it required her to carry wine bottles and glass which was OK-ish for the first 60 mins but then became impossible for her to do. Any help or advice greatly appreciated. cheers sidley
  4. I need further advice on this topic. Update: HSBC only granted us a 1 year extension with a modest increase in monthly payments. My wife's mother died at the end of August last year. We were able to persuade her father to move to a special mobility flat (rented) 1/2 mile away from us. As my wife and her sister have power of attorney they sold his bungalow (E. Sussex) just before Xmas. He has a full set of marbles but is incredibly frail/ 80% blind (unable to move even around the flat w/out electric wheelchair). After the sale he wanted to give my wife and her sister the bulk of the money from the sale. When we talked to the solicitor dealing with the sale, she advised us strongly not to do that, as being attorney's you cannot benefit financially from their father's money. This she said, could cause an investigation if they found out and remove you as attorneys as well as having to repay the money. I can understand this if he wasn't able to maker his own decisions (he's as sharp as a tack), but as he put it " I don't need the money - it's no use to me". His income from pensions etc., outways his outgoings considerably. N.B. The family have decided that when he can no longer live semi-independently (he has an army of carers as well as us going in several times a day), he will come to live with us til his death. So, not going into a home. My question is was the solicitor correct? If so, what do I suggest to my bank, can I ask them for another year extension? cheers to everyone sidley PS. my mother has moved to my sister's house and is being looked after by her. Her house is now empty but she refuses any idea of selling as she believes she is going to go back once she's better (there is no hope of that).
  5. Hi Gumboil, I, too, had a letter from Cabot offering a whooping 73% off, offer is only open for 21 days. This is the first I've heard from them since June 2017, I assume they must be going through their books looking at unenforceable debts and hoping someone will take the bait. Reading on this forum, sometime ago, someone who used to work for a DCA said that in the 3 years they worked there the company had changed name twice. Same staff, same office and same telephones just different name and FCA licence. It seems DCAs do this musical merry-go-round, I don't know why exactly. So, maybe Cabot are about to do the same? As renegadeimp says ignore them; some very old statue barred debts are still being sent begging letters - nowt they can do though.
  6. Hi there, thanks to oldrouge and honeybee Had the phone call today, it seems they want us to fill in an income/expenditure form before they can discuss the options. I've also done some research about the deprivation of income re care home fees. Helpful website says that in the case of inheritance tax the 7 year rule applies, but in the case of care home fees there is not time limit, so the local authority can go back as far as they like. However, to recover monies they would have to go court and prove deprivation of income was indeed intended. They also say that in the case of gifted money being used to buy a house or pay off a mortgage, then they cannot force you to sell up or get another mortgage. All they can do is put a charging order on your house (presumably via court) so when you sell they can recover money owed. cheers again. sidley
  7. Hi there, It has taken HSBC 8 weeks to reply to my complaint (pretty standard with them, they take it to the wire). They phoned and I spoke to the customer service dept. He did apologise for the lack of communication and they way they have handle the case and gave me £150 comp. They will only grant a 12 month extension and tomorrow their mortgage dept will be calling to try and sell me something (changing our mortgage or increase my monthly payments - according to him). However, he did say that if I had my inheritance by the end of the extension, then a further extension, to dispose of the assets, could be arranged presumably with a hefty arrangement fee! My question is - is this the way that banks are supposed to deal with this type of case? Is there anything else we could do or is this the best we can expect as we are having to look after 2 very frail (and in my mothers case terminally ill) parents? If they insist that I have to transfer to a higher payment (difficult to do as my wife has just gone down to part-time so she can look after her v. frail 97 y.o father). Also could you please advise us, my father-in-law is selling his bungalow in Kent. He has a cash buyer and all the papers are with solicitors so, it is sold subject to contract (fingers crossed). He has already mentioned that he doesn't need this money and he will give some/all to his 2 daughters. However, it will not be more than the inheritance threshold of £650,000 (his + late mother-in-laws combined allowance) so that's not a problem. But we have been warned by a friend that should he get worse and requires say a care home then the council could/would ask for the money back. This would leave us having to raise a mortgage again. BTW he has enough savings/shares/pension to fund 2 years of care home without the need to use the money from the sale of his house. But I know that gifts from parents have a 7 year cut off re. inheritance tax. I assume that's the same for councils to reclaim money for care home costs? anyway thank you in these very challenging times for us. sidley
  8. Thank you very much oldrouge for your kind help cheers sidley
  9. Cheers old cogger, Yes I am beginning to find out that despite their promises they just don't seem to care! I will soon write a letter of formal complaint to them and if no luck take it to the FOS. I've heard good and bad stories about the FOS, so I hope it will be a good one for me.
  10. Cheers oldrouge, It's been 4 weeks since my last recorded delivery reminder to them about the absence of any response so far. Can I ask you how long I should wait? cheers sidley
  11. Thank you dx100uk, I will mention that to HSBC, but they advertise that they are willing to engage with people who will have difficulty paying off the capital but they don't seem to be living up to their promise! sidley
  12. Thanks ericsbrother for your help, I do have a way of settling the mortgage but not at this moment. Hence my desire to extend the current mortgage for 24 months which would be more than ample. cheers sidley
  13. Hi there, Unfortunately, HSBC seem to be refusing to answer any of our letters (despite reminders) the one posted above is the only one received to date. I have sent the last 2 recorded delivery, but still no success this is despite numerous letters from HSBC to mortgage holders who are coming to an end reminding us that the mortgage is coming to a close and to contact them if you are in difficulties. They are just not engaging with us in any way! What do you think I should do now? Thanks for all your help sidley
  14. The circumstances haven't changed, indeed my poor mother is getting much worse with not long to go. They have indicated a 24 month extension, reserved for those with an equity plan that may be out of sync with the mortgage, but it seems not to apply in my case. 24 months will be more than sufficient in my case. Since all of our local branch closures, they seem to have lost what little human touch they had. cheers sidley
  15. Thank you oldrouge, p.s. the link you have kindly posted does not seem to lead to anything! cheers sidley
  16. Hi there, After taking advice from this site I wrote to HSBC after 2 months of waiting I wrote to them again enc. copy of original letter. One month later all I've got is this reply. Attached is what I received today. The letter is badly copied (faded) and there seems no personal response or empathy in their letter. I think this is a standard letter of reply. Being a customer of theirs with accounts, and mortgage and having given them no problem over the years I expected to get something a bit more personal. My question is what should I do now. They obviously want to extract as much money out of us as possible (re-mortgaging usually comes with valuations fees etc). What do they mean by " we have been unable to agree to this request at this time" ? If I wait a bit longer they might agree to it? I am not satisfied with their response, we are just another number to them, so do I respond and try and take things further up the ladder so to speak. Many thanks sidley HSBC response1.pdf
  17. Yes. I think, can't actually remember though, my wife had to sign something as she, is of course, part owner of the property. Does that help? sidley
  18. Hi Dx & Andy, The document, Tomlin Order, mentions entering into a "Voluntary Restriction" against the property named .............. Is that the same as a Charging Order?
  19. Thanks dx, Yes, I had forgotten that I'd started a thread about IDR. At the time I was going for cataract operations as well as a tumour (biopsy - benign), it wasn't a good time for me to fight them so in the end I caved in (put a Tomlin Order on my house). Been paying for 4 years now (10 yr deal). If I knew ,then what I know now I would have defended as most of the docs were either missing or illegible. The default notice looked liked monkeys had typed it!
  20. Hi everyone, I have a question about regulation of DCAs. I have a payment for an Old MBNA credit card set up with the "new" owners as IDR Finance UK Ltd (4 years now). Servicer is Link Financial Outsourcing Ltd. As IDR Finance are no longer authorised by the FCA are they allowed to still own a regulated agreement? Or does the fact the the servicer: Link Financial are still authorised (although not the owners) mean that everything is OK legally? I know Link and IDR are run by the same organisation/people but as far as business is concerned they are not the same company. Many thanks sidley
  21. Thank you very much theoldrouge, I will do that, as I think it's the best advice I've received so far. Many thanks sidley
  22. Thank you ericsbrother, Our own house is worth approx £350,000 (next door house was sold 7 years ago for £315,000) so the equity is just over 2/3 of the house. We will also inherit from my father -in-law (97) at some point in the near future. We have thought about downsizing, but with all our elderlies so old and frail we fear we will be balancing selling with dealing with 3 funerals!! We already feel stressed out at the moment traveling 100s miles per week helping them out together with still holding down full time jobs. Would it be advisable to stress this to the bank, to throw ourselves at their mercy so to speak? Cheers
  23. Long winded explanation. Our mortgage of 25 years comes to an end towards the end of this year, when we will have to repay approx £100k 2 years ago our life endowment policy was ended by Phoenix Insurance (not originally with them but numerous acquisitions they ended up with it). The reason for ending it - they had had to use money from the pot to service the policy. We complained - they agreed that it had been mis-sold and they refund the difference between a standard life policy (life only) and the money we actually paid into the policy over 23 years with simple interest added. This came to just under £15k instead of the £80k we were expecting to receive at maturity. Not happy with that we complained to the FOS, who said we had a case. Their decision was an extra £435 on top of the original offer. They agreed that the policy had been mis-sold & mishandled (we had a riskier life policy rather then the standard endowment one), but that this was all we were entitled to. We said we were not happy with that as we were going to use that money to pay off the bulk of the mortgage. The ombudsman said he would refer it higher up the chain but the result was the same. He said we could go to court ourselves but the judge would take into account the FOS decision and the likelihood we would not win any substantial increase plus court/ legal costs - we would end up worse off. After taking free legal advice, we felt gambling and losing more money was too risky so, we decided not to pursue court action. now we have only £15k to pay towards the mortgage. We will have to put a credible plan to the bank to reassure them that we will be able to pay off the mortgage very soon. There is no delicate way of putting this, but I think you will need to know everything to be able to help me. I never thought I would be in this position. The only thing that will enable us to pay off the mortgage is that my wife and I will soon inherit a substantial amount from our 3 remaining parents (all in their 90's). I realise that this is described as a "potential asset" in the financial world and not an actual realised asset. When my father died 11 years ago I inherited 1/2 his share of the house, with my sister the other half, which by todays assessment of the value of the parental house (minimum of £600k quick sale) is approx £150k for my share. k This was frozen whilst my mother is alive or wants to continue living there. He did this because my father was worried that my mother would live a long life (she has) and would need to go into a nursing home (she hasn't) and all of the money, if he left it to her, would go in nursing costs leaving my sister and me nothing. After the turmoil of my fathers death, I was given a document from the family solicitor, stating the above, but over the years I don't know where it's gone. I recently contacted his office which has been taken over by a bigger solicitor's firm asking for a copy but they said my mother is the client, not me, so they would need her permission. In my mothers present condition I do not want to worry her and so getting a copy is going to prove impossible. My mother has a big house in the south coast. She has had heart failure for 5 years (along with 3 different types of cancer). Her heart failure was diagnosed in Oct. last year as end stage with 6 - 12 months left to live. My question is how should I approach the bank (HSBC) about the fact I cannot settle the mortgage straight away and I have an asset that is frozen at the moment? Thanks in anticipation
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