This topic was closed on 11 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 2019-03-08. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 2019-03-08. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Hi Caro, Thanks for your kind words.Yes it is nice to be back but I have to be careful with my heslth. Anyway,in reply to your questions: 1.Both were obtained a couple of years ago. 2.I attended both if recall correctly but it would hardly make any difference if there is a CCJ and instalment order breached too i.e. missed payment(s). 3.Therefore,it becomes in this particular case the creditor's "trump card" and mostly pointless therefore in challenging it. 4.However,there must be some exceptions in cases which naturally would depend on exact particular circumstances etc. Just my 2p's worth!

Hi All! Bazooka Boo & DX100UK.... Thanks for all your comments which I have noted and will action accordingly. Will keep updated as soon as I have taken the action and got a result. Many thanks again.

Hi All! One of the DCAs that I deal with has started to text me late at night demanding that I phone ASAP. What is the legal position on this? By the way,I never speak to the them / refuse or hang up no matter what and if needed just deal in writing by Recorded Delivery. Many thanks in advance.

Hi 42man, Thanks for your last post. I n reply to your question: 1.Yes it was a separate sheet amongst the loan paperwork copies.I cannot recall the commission amount.I will have to get back to you on that one, 2.I really do not think that there is any implied term in the agreement. 3.However,the salesperson most certainly never verbally or in writing at any stage told me about getting a commission for selling the loan and ppi or are there any documents other than the paperwork received in response the DSAR. 4.I did speak to a law firm recently but they have stopped doing cases that fall under this "enforeceability" category. If you any more questions,just ask.

Hi 42 man, Thanks for your prompt response.I am familiar with the first 2 cases that you have quoted but must look at the others too. In reply to your question: 1.The loan was taken out in either 2000 or 2001 - I cannot remember for sure. 2.I found out about the secret commission by sending £10 to the original creditor for the DSAR and this information came back with the copies of the original loan paperwork. 3.No FLA booklet was given at the time. 4.I don't think there is anything there is to say in the paperwork that they will pay anything to the company. 5.Please remember it was the DG salesperson who sold me loan and ppi not a person from the original creditor or underwriting insurance company. If you have any more questions just ask.

Andrew1, In reply to your last post and in my view: I gather from my reading into this particular statute the fact that many more loan agreements would automatically end up becoming CCA regulated. However,I will need to double check regarding your particular scenario and get back to you.

Hi All! Andrew1, In reply to your posts and in my view: 1.The applicable Act of Parliament is the Consumer Act 2006. 2.Also,in your particular case your agreement would become CCA regulated. You should hopefully find the information through this link useful too: http://www.legislation.gov.uk/ukpga/2006/14/contents All the best! Keep us posted!

Hello All! I have not posted here for a while mainly due to ill health. However,as I feel abit better,I want to run through with you folks as written below: Scenario as follows: 1.Obtained unsecured loan for doubleglazing just over 10 years ago. 2.The loan had PPI added to it 3.After obtaining a SAR it was revealed that there was a “secret commission”. 4.Original creditor sells debt to DCA . 5.Arrangement is made to clear the debt(Tomlin Order) with DCA. 6.Arrangement is broken and CCJ is obtained by DCA. 7.CCJ was then followed by Charging Order on my home. 8.Having read through various posts the original debt seems to be unenforceable mainly due the “secret commission” . 9.The commission was given to the dg salesperson that I was purchasing at the time. 10.The company that I had bought the dg went into liquidation a few years ago. All the above happened several years ago. I have been too ill to deal with this earlier but feel abit better and ready to deal with this now. My questions are as follows: a.What is the best way forward in order to sue either/both the original creditor and the DCA and get the CCJ removed? TAKING INTO ACCOUNT…. 1,The original creditor should have never sold the debt as there was an ongoing dispute. 2.Also as it seems that both parties knew that the debt was unenforceable. 3.I did receive a rebate of PPI from the DCA but I still believe the balance has an element of PPI remaining due to compound interest. b. How can a DCA go to court,obtain a CCJ and then a Charging Order with the full knowledge that it has no right to enforce the debt in the first place? Is this not a form of fraud or deceit? Or worse i.e.contempt of court? c.Can I obtain a refund of any of the payments that I have made whether to the Original Creditor and/or the DCA? Naturally I would have already made more than enough payments to cover the value of the “cash purchase” value plus some interest. d.Is it correct to say that I would only legally owe the value of the item but not the interest as the secret commission voids the agreement? If you have any questions,please just ask. Many thanks in advance. Note:I have NOT included the name of the DCA due to ongoing litigation.

Hi All! Karen,I am very sorry to read about your parents' endowment problems. I would suggest that you contact the FOS for your parents and make a complaint. You can find out more on the following link: http://www.financial-ombudsman.org.uk/publications/factsheets/mortgage_endowment_complaints.pdf If I succeeded in getting my money back so can you and your parents! I hope this helps. If you have any more questions,just ask. Keep us posted! All the best! Nightmare4banks

Xenia, Sorry to read about your housing problem. In reply to your question and in my view: 1.The charge is excessive and in breach of The Unfair Terms in Contracts Regulations 1999 and legally unenforceable too. 2.More realistic and fair amount to charge would be 8% Simple Interest - this is the amount of interest a person can obtain if taking a legal matter to court and succeeding. If you have any questions,please feel to ask.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Hi All! Chillinlong, I was very sorry to read about your problems. However,I feel this is the most appropriate way forward: 1.You need to obtain an injunction against the LPA(as this is what the LPA is threatening you),please go to the following link: http://www.contactlaw.co.uk/injunction-court.html Which explains more about injunctions.You can even find a lawyer through this site too. 2.Please remember that to breach an injunction is contempt of court and which could render the offender a prison sentence. 3.You will able to receive damages too - in your case they should equal your losses i.e. damage to your properties and loss of rental income. 4.So you should be able to force the LPA to,refrain from damaging the properties any further, repair the properties and pay the rent less the LPA commission in a timely fashion to the mortgage lender and stop the LPA from selling your properties too. 5.Finally,DO NOT rent the properties out without obtaining a clear written consent to do so. I hope you find this information useful.If you have any questions,please feel free to ask. Keep us posted. All the best! Cheers,Nightmare4banks

I disgree here because a lease is the lawful right to occupy land for a fixed term over several years whereas an Assured Shorthold Tenancy Agreement is for a less period of time.A very good example would be for a private landlord/landlady to grant a lease to a Local Authority or Housing Association and this case the Leaseholder/Tenant is that particular housing body and not the tenant(s) that reside in the property itself but be merely sub-tenants to the landlord/landlady.So any mortgage clause written as such means that the landlord/landlady would have to get the permission to either lease/agree to lease.I hope that this helps but if you have any other questions,please feel free to ask. Cheers,Nightmare4banks

I totally agree here.Also,including the last comment!lol!

Vtr80,in reply to your post: Yes,of course she can sell the house providing that the sale price exceeds the mortgage amount that is owed.Whether she would be able to buy another place would clearly depend on what amount of money is left after clearing the mortgage. Anyway,I hope this helps.If you have any other questions,please feel free to ask.

Hi All! Chillinlong, I just received your post in my email as a subscriber to this thread and would like to mention the following as you plan to get a solicitor: 1.You should consider to take on board folks that have had/have mortgages with other companies in addition to ME.Here is your first candidate - ME! 2.I have mentioned this earlier in this thread - ME mortgages and other lenders that had the mortgages on their books securitised all follow one common particular pattern and that is the mortgage agreement is drafted with one aim only and that is to force the mortgage payer into repossession or efinance at a massive cost due to redemption penalty charges within 4 years or less if not a Buy To Let mortgage. 3.In the event of Buy to Let mortgage - handling the control of the property over to a LPA with the objective of a creating an arrears situation and ending in a repossession and may I add sales to sister companies or chums are not uncommon whenver the lender/LPA gives the green light on the sales. There is actually a high profile case involving ME again which I have already highlighted before in this thread. 4.The other very important point to remember is that the LPA is acting in the interests of the landlord/landlady and not the lender.So you could sue in negligence for the loss of any rents and any shortfalls in sales providing you have evidence of the contrary from a firm of chartered surveyors that can act as expert witnesses in legal proceedings.The surveyor would be appointed for the proceedings and not on behalf of the landlord/landlady or lender. 5.I think it is also worth considering suing the directors of these companies for obvious reasons which I have need to put in detail here. Anyway,I hope you find this information useful and consider my points namely getting folks that alsohave/have had mortgages with other lenders in additiion to ME. If you have any questions,just ask. Cheers, Nightmare4banks

Hi All! Turnaround, Very interesting angle to use in tackling these DCAs. Currently I have one DCA who bought a debt from a creditor(which I successfully sued for missold PPI) which was included in the balance the DCA purchased. The DCA has no paperwork and brought around a field rep unnannounced to my home very recently. Prior to this,I was receiving calls and told them that I could not speak to them and I just switched off the mobile ignoring them. They would also leave voice messages every couple of days. I have got to the point where I think I should "kick some a**!" and will certainly consider using the "Professional Deligence" that you have mentioned. On a seperate note,I am also considering to sue them for harrassment too.

spml_newbie,in reply to your post and in my view: 1.If you let out your property without the consent of the mortgage company,this is classed as fraud - sorry but just being very blunt with you. 2.The way around this would be to request to change your mortgage product from Main Residence to a Buy To Let Mortgage.This would cost you a fee probably no more than £200 plus a possible interest rate increase to the rate that you are currently paying. 3.You should have a list of the services and applicable fees offered by the mortgage company that were given to you at the offset of the mortgage which should include product change and if not available,simply ask. Anyway,I hope this helps. If you have any questions,just ask. Keep us posted. All the best!

Fred,in reply to your last post: 1.A redemption statement is a statement that outlines clearly to the pound and pence what you exactly owe to clear the mortgage in full - this will include the balance owed of course and the main fee that I can think of is for the "Deed Release Fee" which is fee that the lender would charge you to release the deed to you.If you had the mortgage for a much less period of time the fees would be a great deal more. So,I would suggest that you contact the lender,order a redemption statement over the telephone and then enter into discussions regarding offering an amount below the current balance owed and who knows the lender might agree. Anyway,whatever you do as you have said yourself you have nothing to lose at all. I hope this helps. If you have any other questions,just ask. Keep us posted. All the best!

Hi All! Borolad63,in reply to your post: Double check your terms and conditions with list of services and applicable fees from your lender(which should have been given to you at the start of the mortgage) as you should be able to change from type of product to the other upon payment of the required fee which should not exceed around the 200 quid mark. In this case,there should be no requirement for any Income & Expenditure paperwork. I hope this helps. If you have any questions,please just ask. Keep us posted. All the best!

Hi All! Joby73,in reply to your last post: That is very good. If you are dragged to court again and you are making the payments properly perhaps the next best course of action would be to apply to the court for a "wasted costs order" as they want you to pay these costs so that you owe them more money. In doing this and if you are successful they will lose the money instead. Just another thought. Anyway,keep us posted. All the best! Nightmare4banks

Hi All! Fred,in reply to your posts and in my view: 1.I would suggest an offer an offer at around just below 50% of the current amount owed and work upwards. 2.I know for a fact that there have been several mortgage companies that have offered their customers discounts so that they redeem their mortgages.However,I do think that the discounts did not exceed 25% of any customer's full mortgage balance prior to taking any discount into consideration. 3.As you say,you have nothing to lose as any excessive fees found in redeeming are in the majority of cases are within the first 1-4 years of any mortgage.To be on the safe side,order a redemption statement. If you have any questions,please just ask. Keep us posted. All the best!