Excellent link ,.. it says it all , can see many things in this link were my lenders/broker have messed up big time , and feel I need to dispute the full amount , as in breach in many respects ,.. quite a few things to void the agreement and pay what was borrowed ,.. definately , I was at court today and had an eviction stood down for 8 weeks on sale of home ,.. but might put sale on hold whilst I look into this dispute ,.. I have had the mortgage for 7 years (thought it was 6) ,.. £31,000 advanced ,.. paid for 7 years £22,000 , today outstanding amount £44,000 ,.. only in arreas £5,700 which is in dispute ,.. monthly payment £260 ,.. missed say 10 payments max,.. thats £2,600 in my books ,.. (or they about round figures) ,.. so say I have paid £20,000 taking away the recent missed payments ,.. that means I would be entitled to £20,000 back of G E Money ,.. but I owe them £31,000 ,.. so £11,000 difference ,.. so I owe £11,000 as £20,000 paid = £31,000 total ,... mst be worth me going full out to prove void mortgage due to secret commission ,.. as £11,000 owed sounds a million times better then £44,000 still owed after paying £20,000 over the 7 years ,.. what are others thoughts on this , thanks in advance ,.. ready to fight

Hi everybody ,... well hearing was put back 8 weeks giving us time on the sale ,... We had a chat with Duty Solictor and to tell you the truth , felt worse after talking with him ,.. told me I could not dispute arreas ,.. explain my thoughts on arreas and that interest and charges could not be added to arreas as this gives the wrong impression on amount owed ,.. and that law states I am only in arreas for the contracual payments , he said this is not true , and if you have a contract it will state charges in agreement , you will of signed agreement so bound to the charges & interest added ,.. obviously I was getting confused with this young duty solicitor ,.. so mentioned that G E Money do not have a charge on the property ,.. I showed him land register , (charges register) ,.. I seen him talking with some guy representing G E Money , next thing the guy is rushing out the door on his phone obviously calling G E Money ,.. I went back to duty solicitor and asked what the guy was asking , he told me he told him about the charge not in place ,.. the guy politely asked me on his return if th charge was First National or First National Bank ,.. we go into court for the hearing ,.. within 2 minues , knock on door , clerk comes in and proudly says we have a fax for this case ,.. I am thinking what is this? ,.. the fax was from G E Money saying the charge is in place in first national's name ,.. and as the same company but trading as G E Money , the charge is on the property ,.. well even though a little disappoint , its good to know instead of wasting time chasing this up so glad the duty solicitor mentioned this ,.. Just wondering what to do next ?????????/ I want to take this further and so be it if am the first to challenge then in court over secret commission paid to get this account put right ,.. now arreas £44,000 ,.. should I write to them and tell them I am disputing mortgage and would like the interest stopped whilst in dispute ,.. ????/ any thoughts would be good on this ,.. because things (charges and interest would build up whilst in dispute ) ,.. well thanks in advance ,..

no they definately do not have a charge , last charge was from first national in 2003 ,.. and thanks for you thoughts on tomorrow ,.. think we will be fine ,.. as I now have the letter of sale ,..

they do not have this charge in place ,.. these took over the loan in2004 ,.. the statements I have are from 2007 ,.. so 3 years later no charge ,.. and if they needed my consent this has never been given

hi if G E Money never had a charge on my property , is this classed as unsecured loan and eviction set for wednesday not enforcable ???,.. any helpwill be greatly appreciated as we are at court tomorrow to suspend eviction ,.. thanks in advance

yes certainly does get your back up , well after all it is our homes at stake , well at court in morning to suspend eviction (which was set for this wednesday 2nd December ,)a little nervous,... found some old statements and things from G E Money from 2007 ,.. and they do not have a charge on the property ,.. so would this debt be unsecured? any thoughts on this as I will raise it at court tomorrow , thanks everyone for your help , best wishes

yeah you are right sorry about going off topic ,... will probably start another thread , will flag it and see what is said thanks

hi folks found this searching and thought I would post it to see what others think about this ,.. plus for me to refer back to , here go's Dear XXXXXX Acc No XXXXXXXXXXXXXXXXX Re: Statutory request pursuant to Consumer Credit Act 1974 Thank you for your letter dated xx/xx/2008, the contents of which are noted. I must draw your attention to the fact that this account is subject to a serious dispute. On the xx/xx/2008 I wrote to your company requesting that you provide a copy of the written contract, in this case the credit agreement upon which this debt, which you claim a right to recover is based. You will no doubt be aware that this debt is credit as defined within the Consumer Credit Act 1974 and as a result, pursuant to section 78(1) of the Act I may demand a copy of the credit agreement at any time as long as the statutory fee of £1 is paid. Your response to my request leaves me a little confused, I must point out that it would appear that you have mis interpreted the law as your response has major inaccuracies within it Firstly you state that you purchased the debt, and have the right to collect and add interest. Let me clear this up for you, you may have the right to collect or attempt to collect but any right to add interest would be based upon the contract. Since you cannot provide a copy of the contract, I would have to ask under what provision of law do you believe allows you a right to add outside of the written contract? Secondly, you state that you are not the original creditor nor did you provide the original credit facility. Now then, either way, you have a duty to ensure that the correct documentation is provided. If you are assigned a debt and the assignment is absolute, it would come within section 136 of the Law of Property Act 1925. Now surely you will be aware of the definition of “Creditor�?within the consumer credit Act 1974, section 189(1) of the CCA 1974 states "creditor " means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor Therefore if you are claiming that the assignment is absolute you have the same duties as were placed upon the original creditor and MUST supply me on demand with a true copy of the original agreement. However, if you purport that the assignment is merely equitable and not absolute I.e. you have the rights but none of the responsibilities under the agreement, then I draw your attention to section 175 of the CCA 1974 175.Duty of persons deemed to be agents. Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith So clearly, you would have a duty to pass my statutory request on to **CREDITOR** for them to supply the information, I would like to point out that the OFT guidelines on debt collection make it clear that all collection activities should cease while a reasonably disputed debt is investigated and you seem not to have placed the account on hold which Is in breach of those guidelines Also since you cannot provide a copy of the credit agreement, this debt becomes unenforceable in law, furthermore, any rights to process my personal data and defame my credit file would be contained within the written contract, the contract which you do not appear to have! I'm sure I don’t need to go over the vast amount of case law that has been before the Court of Appeal and the House of Lords but I will outline the facts from the Judgment of LORD NICHOLLS OF BIRKENHEAD in the House of Lords Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul)29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. Clearly No Credit Agreement, containing the prescribed terms as per Consumer Credit Agreements Regulations 1983 Schedule 6 Column 2 and signed by the debtor, that can be produced before the court means the court cannot enforce the debt. This is mirrored in the following cases�? Wilson and another v. Hurstanger Ltd [2007] EWCA Civ 299 London North Securities Ltd & Mr and Mrs. Meadows [2005] EWCA Civ 956, Dimond v. Lovell - [2000] Q.B. 216, Rankine v Barclays Bank Plc [2005] I'm sure your legal department will be aware of these cases, but should they not be fully conversant, then I can provide copies of the judgments To clarify my position I do not have any debt with your organisation, I do not acknowledge any debt with your organisation and I shall not enter into any negotiations to settle any debt you claim I have with your organisation. Until such time that you can produce before me a copy of the credit agreement containing the prescribed terms in the prescribed form bearing my signature, I will not discuss this matter further. Further more, I put you on notice that any further attempts to collect this debt or any harassment by your company to coerce me into paying you monies before you provide me the documents that I requested, then I shall issue you a letter before claim, complying with the pre action protocol Para 4.3 placing you on notice that I will be issuing proceedings in the xxxxxxx County Court against your organisation seeking a judicial ruling pursuant to section 142(1) of the CCA 1974 to determine the validity of this debt. I must point out that the court has the power to discharge a debtor from their obligations under section 142 and I am advised that any action that I could bring under that section has an excellent prospect of success as the facts stand and furthermore I would ask the court to consider costs in this matter. I again invite you to provide access to the original agreement showing that it contains the prescribed terms and is signed by both the original creditor and myself. If you are unable to do so, then I would invite you to give consideration to writing the balance off and closing the account. I am mindful of the fact that litigation would lead to added costs and time on both sides and therefore I urge you to consider this situation and act accordingly, from the advice I have received it is clear to me that I have a good prospect of success based upon these arguments and I do not wish to have to press this issue before the courts unless totally necessary. I respectfully request a response to this letter within 14 days setting out your position

I have looked over the original amount I recieved from Ocean Finance ,.. and a commission is in view £2800 extra ontop of loan amount ,.. so my point is this,.. If I am entitled to claim this monies back then surely G E Money would play this down and probably bring to light that this was charged from Ocean ,.. and they have no interest in it or paying back as they company never recieved this ,... and if they are right in law , then that means I do not really have to pay them the money borrowed from Ocean ,.. as my contract was with Ocean ,.. to this day I have never signed no contract with any of the last 2 companies ,,. I will google section 136 of the Law of Property Act 1925 ,.. seems a little tecnical but will browse again ,.. and I will take it all the way to court if need be ,.. any thoughts folk thanks

just popping out for dinner , will be onto this after lunch ,.. thanks for sharing your thoughts shakespeare62

Hi all, just a thought I had ,.. how legal is an agreement with G E Money if from 2003 when I originally took out agreement , it was with Ocean Fiance , then first national ,.. then passed on to G E Money ,.. I have never signed an agreement contract with either of last 2 companies ,... could I challenge them incourt against the full account now I am disputing arreas? any thoughts on this will be greatly appreciated

Hi Markone2 , on what grounds have you fought 8 times to overturn the evictions ,.. anything to do with disputing arreas ? looking forward to hearing your story , best wishes

Hi ,.. been reading this case from the start , by you have put some fight up (& hats off to you ) sure you pull it off again as you definately seem to be a Survivor ,..

Morning all ,.. well just call property investors regarding sale and something in writing ,... I will be picking up a Company Letter Headed agreement , stating sale, sould I take these to court Monday to hand in so these will be availble to the judge on tuesday morning when he listens to our appeal ,..and will a SAR letter to G E Money look better too if disputing arrears??????????

another thing should I send SAR letter as I wish to dispute arreas , and now house will be sold the charges will be in the total they request ,.. but yet in dispute , any advice on this side of things ,.. will be plan B the dispute of arreas ,.. I had £31,000 6 years ago , £5,700 in arreas (even though missed about 8 payments @ £260 per month ) ,.. total owed after 6 years £41,800 ,.. absolute joke ,.. I was paying capital & interest ,.. and then when I think on things ,.. if I took interest only on this advance ,.. at maybe £130 per month with no capital paid , I would owe £31,000 , what I first got ,.. so why after 6 years do I owe £41,800 , when I pay some towards capital ,.. so I want to dispute this 100% and take out my own court case against this figure , as surely they will expect £41,800 from the sale ,.. does not seem right and will fight this all the way ,.. if I have to sell our family home then , I do not intend to give away the equity we have built up over the years we have lived here ,.. we are going through enough stress without giving away money for nothing which could help us get our life back on track and secure rented accomadation until we get ourselfs back on our feet ,without any worries of finding rent each month,.. well any thoughts will be greatly appreciated

Hi thanks alot for that , made it a lot easier for me ,.. guess I can take it to word now ,.. good to hear you were successful in your case ,.. do you have a link to your thread cheers best wishes & thoughts

Hi there ,.. no can not open it ,.. thanks for the comments for court ,.. just hope I can sort this over the weekend ,.. plus should I send an SAR letter as I want to dispute total arreas as way over what they estimate ,.. Ell-enn seems to know her stuff and helps alot ,.. and a great help at that ,..

well got application in and explained to court clerk that I Would bring the letter regarding the sale of the property etc , she said this was fine ,.. could not open the statement earlier Ell-enn , well have all weekend to sort it out, thanks

could I just get the n244 application in today and take paperwork tuesday , the day of the expected hearing ?

hello again and thanks for your time ,.. can not open the file link ,.. any ideas

ok thanks , off out myself for 1 hour, to collect the letter off this company who are buying the property ,.. thanks again

Hi there again ,.. The mortgage is in my name only Yes my partner has 1 childaged 12 The reason for the missed payments , well I got a suspend possession order beginning of the year , I paid a few payments , and then I contacted them inregard to interest only which was refused , at that time I had a suspended possession order on my main mortgage, which came after the first order ,.. I again contact this company in regard to holiday period whilst I tried to bring the other arrears down,.. I was advised that it would be considered and will let us know the outcome ,.. well with that much on our minds we continued wit other arreas ,.. this company just never got back to us and we assumed it was ok and getting dealt with ,.. then out the blue like 2 weeks ago we get an Eviction date ,.. I know its irresponible and should of addressed this situation sooner , but as we were struggling with other bills and never give this other debt much thought until now,.. not sure if I will need a budget sheet , as I have a private sale agreeded with a property investment company ,.... plus I wish to challenge arrear's amount as this is a lot more then missed payments ,... thanks for taking time to help me out ,.. if you need any more info then do ask ,..

morning all ,.. anyone got any ideas what to put in Q.10? or any advice at all as putting n244 form in today

no probs

hi can anyone give any advice???????