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diddled

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Everything posted by diddled

  1. My advice is don't give up on FOS. I assume it was a caseworkers summing up, not an Ombudsmans. In the last couple of years I lodged 2 complaints with Ombudsman, the caseworkers summing up was a load of tosh, but I persisted and argued that they had failed to address the relevant points, and challenged their understanding of the issues in question. Caseworkers roles seem to be to weed out cases of no merit, yet the caseworkers themselves don't always have the necessary competence to be able to properly deal with complaints. One of the caseworkers alleged that a secured loan I was complaining about wasn't CCA regulated, even though they had in their posession a copy of the CCA regulated agreement. My cases were then transferred to an Ombudsman who upheld both of my claims.
  2. Court orders are not always required if the properties are commercial properties. If they are un-tenanted I imagine that BTL are in this category as they are regarded as investment properties.
  3. I believe there are no limits re the making of subject access requests as long as a reasonable time elapses between each one. Unfortunately "reasonable time" is not defined.
  4. Whilst my FOS case was in progress the arrogant receivers (with the Bank's approval) went ahead and sold the property regardless. FOS doesn't have any powers to stop Banks and receivers from selling a property whilst there is an ongoing dispute. FOS substantially upheld my case, but FOS decision was made some 10 months after the property had already been disposed of.
  5. Hi Mungos mum Whilst this was all ongoing, my family was left virtually penniless, so I couldn't fund specialist legal advice. The only option available to me was to lodge a complaint with FOS, however largely due to obstruction and uncooperation on the Bank's part towards the Ombudsman's enquiries the FOS investigation took almost 2 years. Whilst FOS investigation was in progress and despite both the Bank and WS being aware of this they refused to put a sale on hold, and went ahead and disposed of the property some 10 months before FOS had even reached a decision. By the way FOS found several counts of maladministration against the Bank I only became properly aware of what had been going on after the event, so to speak. Had I known then what I know now I'm confident that I could have blocked the sale I'm going back almost 10 years, but I've kept copies of absolutely everything
  6. The data I received from FOS in response to my SAR included lots of copy letters between the Bank and the receivers and vice versa. It was only on receipt of this info, that the penny dropped, and I first became aware that lots had been going on behind closed doors. As soon as the Bank appointed WS as managing agents Howard Eastwood pushed to gain control of the situation and actually invited the Bank to appoint 2 of his company's own directors as LPA receivers to take possession of and dispose of the property in order to realise the banks security.
  7. The only thing I can think of is bridging finance, but its very expensive, and generally only available for a short term.
  8. No, not really, it just died a death, because other committments prevented me from further pursuing WS's non compliance with my SAR.
  9. Had forgotton all about this - When WS faIled to comply with my SAR I did lodge a complaint with ICO. IC sent one of their investigating officials (an ex-police officer or so he told me) to visit me at my home. After being interviewed I was advised that he would be paying WS a visit to inspect their records. At the eleventh hour the intended visit was withdrawn by IC, cant remember the reason I was given, but seem to think that limited resources was the excuse.
  10. Also, when a FOS investigation gets underway send them a SAR I sent SAR to the bank, the receivers, FOS, and DLA solicitors (who were instructed by the receivers). The receivers didnt play ball at all, but I managed to get a fuller picture by comparing all the info that I'd gathered from SAR the above. The Bank may try and hide behind the Durant decision, but in my experience the FOS won't. This is because all the information collected by FOS will be in respect of your complaint, and this would meet the relevant filing system criteria for manual data and would be caught by the Act
  11. Hi Chillin and Mungo's mum, I would be inclined to write back to MEX stating that you consider they have failed to address your complaint, that simply passing your complaint to receivers is passing the book, is totally unacceptable and that you are now lodging a complaint with FOS. Chillin - If you haven't already complained to MEX about the consolidation of your mortgages, think you will need to raise this with MEX before going to FOS I know that FOS route is long winded, you could maybe try on hardship grounds (which is supposed to be quicker) To date I have lodged 4 cases with FOS, (all of which were successful) 1 case against a bank, 1 relating to an endowment, 1 relating to a credit card, and 1 for a friend re a mortgage. Of course there is no guarantee of a good result, but its free, and if your not satisfied with FOS decision you can always reject it in favour of taking other action. You would need to provide copies of any letters etc, to back up your complaint.
  12. Have all you MEX victims sent written letters of complaint? If so are your letters being ignored, or are they being responded to by just ducking and diving? If MEX ignore, or fail to properly address your complaint, you can lodge a complaint direct with FOS
  13. Hi Ladyluck Have you sent SAR requests to MEX & WS? As you have read complaints against this lot are gathering momentum, Im not directly involved with either MEX or WS, someone will probably come along soon who is currently experiencing problems, they will be in a better position to offer you advice
  14. Chillin - Im a bit confused here. Am I right in thinking that as your portfolio has been consolidated into one single mortgage account, there is now only one consolidated repayment to be met each month? If this is the case I would imagine that any arrears should also be consolidated, and that overall the arrears situation is perhaps reduced, in as much that you are not enough in arrears to allow MEX to excercise its rights in appointing recevers to manage your properties. If that makes sense?
  15. I'm not up to speed on PPI/Prescribed terms etc, maybe someone with knowledge in this area can help.
  16. The secured loan in question was taken out in 1998
  17. Dont understand why FOS won't get involved. I'm not aware of any financial limit FOS impose, and just because it wasn't regulated or within FOS jurisdiction at the particular dates, as its an ongoing problem I believe its something FOS could look at. 12 months or so ago I did the paperwork for a friend to lodge a complaint with FOS. Hers was an unregulated agreement and we got a decent result.
  18. I had a similar problem with Cap One Credit Card. Cap One charged my account with overlimit fees before even telling me they had been incurred. Over a 3 year period this had the same snowballing effect. I lodged a complaint with FOS FOS upheld my complaint and ordered Cap One to refund the 3 years worth of payments I had made, less the balance that was oustanding before the snowballing effect began.
  19. When LPA Receivers sold my husband's property they promised to forward copy invoices with the completion statement. Initially they only sent the completion statement, and when I queried this I was told "that there was no money left in the pot to provide me with copies" After digging my heels in they reluctantly provided copy invoices. Have the receivers actually refused to provide this info, if so I would contact RICS and lodge a complaint against them direct. Have you sent a SAR to the Receivers?
  20. Hi Meerkat I'm not a MEX customer but had major problems with Walker Singleton a few years ago, hence my interest. If you haven't already sent a SAR to Walker Singleton, may I suggest you do a.s.a.p. Have you reported MEX 's non-compliance to the Information Commissioner? You can lodge a complaint online if you wish. Unfortunately as UKFI are not required to be FSA authorised, it doesn't appear that MEX are under any obligation to "treat customers fairly". I really think all the MEX victims should lobby their MPs, because after all it is the Treasury who are responsible for UKFI
  21. Hi Chillin, I am well thank you, but working in the background ferretting as much information as possible. Refresh my memory please. Did WS even acknowledge your SAR request, and if so have they cashed your cheque for £10. You could always just lodge online complaints against them with Information Commissioner.
  22. Hi Electronically held info should automatically be provided. Have WS partly complied with you SAR? I know you said you were looking for your recordered delivery slipand were thinking about making a new request
  23. Interesting reading, apologies if its already been posted Walker Singleton - Letting Agent Details
  24. Just telephoned RICS re complaints procedure against RICS members. The first step is to complain to the firm concerned, however if the firm ignores your complaint you may complain to RICS regulation department direct on 0207 6951670. Hope this helps
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