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Posts posted by zoemk10

  1. Oh right!


    If you search my posts you will find all the details!


    I don't want to post the whole story again and also there are some people who don't think I have a claim


    whilst I respect that view only I know what I went through,


    I know I wasn't treated properly or professionally.


    Added to which how many people have not pursued something because someone else told them it was a stupid idea?!


    Companies like Acenden get to behave as they because no one takes them to task over it!

  2. Thanks for quick response.


    I called them today as the 8 weeks were up yesterday


    they said they posted the letter on Jan 17th

    -I haven't got it.


    i got them to read it to me!

    They've promised to send recorded delivery

    either the first one will turn up or the copy will arrive on Friday.

    I will post as soon as it arrives.


    I too think they have a cheek to say that and also to take 8 weeks to say that!


    I sent the 2nd SAR because I asked for recordings and they just sent transcripts but said they no longer had the recordings when I asked again.

    I cant really push this as they're no obliged to keep.


    SAR details to support my complaint.

    Just wanted to be sure I had everything in writing.


    Plus I'm not saying they would but notes can be altered!


    I once worked at a very well known company and a call handler once put really derogatory comments about a caller on the notes.


    He was dismissed and the notes were removed.......

  3. I made a complaint to previous mortgage lender Acenden.


    I send a SAR which they replied to v quickly,


    I sent 2nd one asking for some missing info and again they replied but said they didn't have the info and so I proceeded to set up my complaint(s).


    8 weeks later I got a letter stating they sold my account to Engage Credit

    dont have any paperwork

    I need to contact Engage

    I cant refer the matter to the FOS as they haven't answered my complaint!


    So my questions are:


    The complaint is about how Acenden handled my account and therefore surely Acenden should answer it?


    They sent me loads of documents in response to the SAR and so surely its not true that they dont have the information


    I settled the mortgage before I even knew it had gone to engage

    if the timeline is true

    I had already exchanged at this point and their notes backup that.

    Why would they transfer at that point?


    I never had any dealing with Engage and was only aware of them when 6 months after settling my mortgage they registered a default against me!


    This was removed after a fight....


    Are Acenden just trying to be clever?

  4. It’s odd that you’re so adamant that they did nothing wrong

    when I have stated they lied and have written proof of this.


    Do you work on behalf of them?

    Perhaps it’s your job to go on to sites like this and try to intimidate people so that they don’t pursue matters!


    I will be pursuing, I may lose but I would rather that than not try.


    No the broker is not in business anymore.

    This is my last response on this matter.

    I will however post my good news when I win!

  5. No they were not obliged to capitalise the arrears

    - I do not think I have suggested I think this.


    I do believe they are obliged and in fact legally bound to act with honesty and integrity.

    Furthermore they are obliged to make efforts to help someone in financial hardship.


    They lied about not being able to capitalise the arrears and this lead to me thinking I had no option but to sell the house as I could not cope with things as they were.


    My complaint is about the lie and the effect thereafter.


    Sorry I missed your other point,

    although you seem to think I avoided it!


    I have to say you're very aggressive for someone giving advice.


    I was advised by a broker to go interest only and worry about it when it came to end of the mortgage.

    Although I had in the back of my mind that I would get straight and once my fixed term ended and I was able to I would move to a repayment mortgage.


    Obviously that didnt happen.

  6. Hi


    My other post has had so many views but only 1 response so I thought I would ask a different question.


    Has anyone ever sued their mortgage company? I don’t mean for arrears charges, I mean for mis- selling, negligence, outright lies that lead to detrimental decisions, etc?


    I’m planning to! This site is full of appalling behaviour from lenders, especially sub-prime ones and yet they seem untouchable. I think it’s time this changed. I think if they’ve done something genuinely & knowingly wrong they should be taken to task.


    I’ll keep you posted of my progress!

  7. The cost of having the arrears added to the mortgage wasn’t enormous by any stretch.


    I was paying an extra £85 per month off the arrears but they were still adding fees and so the balance wasn’t really reducing.


    If they had capitalised the arrears I would not have sold the house.


    My complaint centres around the fact that they gave false reasons for not capitalising the arrears, proably because they wanted to keep me in arrears as this was quite profitable for them.

  8. Hi


    Looking for some advice re making a claim for a missold/mis handled mortgage.


    In 2008 I took out a mortgage with Preferred Mortgages on a shared ownership house.

    I sold the house in 2011 because I couldn't cope with the pressure


    consequently this lead to a breakdown and me and my children living with my mum for a while.

    Since then I have been in various rented accommodation

    Ive been unable to save for a deposit to get back on the ladder.


    I'm thinking of making a claim for the following reasons:


    I brought the house in 2008 when I was earning a basic of 28,500 and commission of approx 800-1000 per month.

    I was very clear that the commission was in no way guaranteed.


    Ive just received the SAR documents

    I can see this was included in my earnings calculation.

    This isnt a document I saw at the time, its an internal underwriting document.

    By 2009 I wasn't earning commission due the crash and in May 2009 I was made redundant.


    The main reason for my claim is due to the handling of my mortgage during my time as a customer.


    I wasn't receiving commission

    then was made redundant

    I fell in to arrears which got to about £3800.00.


    I had an arrangement and was charged numerous fees, eg late payment, arrears management, litigation, solicitors etc.


    In December 2009 I was offered a new job to start in the January

    I contacted them to ask if I could capitalise my arrears once I started my job,

    I was told this would not be possible until the fixed term ended, (I now know this isn't true).


    On the notes from the calls it states they said no because I completed an income and expenditure and had the capacity to make an arrangement to pay the regular amount plus extra to clear the arrears.

    I have asked for recordings of the calls as they werent sent.


    However either reason doesn't really stack up.

    if I had capacity to over pay I also had capacity to capitalise the arrears thus bringing the account in to order,

    and also meaning no more late fees and arrears management fees would be payable,

    I asked this in December 2009 and again in Jan 2010.


    Unable to cope with the worry I put the house on the market and I moved out in April 2011.

    Shortly after this I suffered a breakdown and was on anti depressants and anti anxiety medication for some time.


    If they'd capitalised the arrears as requested the monthly payments for not have been much higher

    I would have been able to stay in the house

    I was in secure employment with a basic of 40k

    I would not have had any issues.


    By not doing so kept me in this endless cycle of debt and endless cycle of fees being added

    so that the arrears balance wasn't really going down at all.


    I believe I have a strong case to ask to be put back into the position I would've been if they had capitalised the arrears and I'd not been forced to sell the house.


    I was advised when taking the mortgage to go for interest only and use the proceeds from the eventual sale of the house to clear the mortgage at the end of the term.

    Sounds stupid now but I took this as good advice.


    In the SAR docs theres 2 forms called Borrowers Interest Only Declaration.

    I recall signing and putting an asterisk next to 'By sale of property.


    Then there is another of the same

    this also has an asterisk next 'An investment vehicle'.


    Whilst this is signed, I dont believe I place the 2nd asterisk next to that statement and believe this has been done after I signed it.

    I had no investments and would not have been expecting to have any.


    Do you think i have a hope in hell?

    I'm not just trying to make money out of this.

    I genuinely sold my home because of this and my life was hell for about 12 months after.


    I was so depressed but thankfully my children kept me going.

    And even though for a long time mentally Ive been ok,

    I'm still suffering because I have to rent and have no long term security.


    Honest, (nice), opinions welcomed.


    Thanks for reading x


    Anyone? Sorry I know its a bit of long post but I wanted to give all the background.

  9. After years of paying back debts I've finally got myself into an ok position.


    I'm now looking to get a mortgage and so I've been subscribing to credit expert.


    On friday my credit score was 31 away from being good and this was great because I have paid down a couple of accounts and so when updated I was hoping this would push me over the edge!


    However yesterday I updated my address as I recently moved in with my mum so that I'm free to move quickly when I buy somewhere and I want to ensure I'm still on the Electoral register etc.


    This morning my score had gone down by 49, but as you can see from the attachment the comment bears not relation to the score going down! I know lots of people think credit scores are a fallacy but I know when mines been good I've got credit and when not so good I haven't!


    I called Experian and they said the score had gone down because of my new address pulling through a new account- this is a bank account I've had since 1998, no overdraft, no borrowing and always in credit. How is that a negative?! The person I spoke to could offer me no reasonable explanation!


    Does this seem right to you?



  10. Hi


    Thanks for the reply. The FOS do seem to be on my side but also seem to be allowing Barclays to pay these games. Eg, our contact is on leave for 2 weeks - well deal with someone else then! Instead they waited 2 weeks! I've also logged a complaint with the FOS about the service I have received.


    With regards to the BCOBS from what I've read the legislation does not extend to overdrafts? I couldn't find a website either?



  11. UPDATE** So this is still going on! The FOS gave the case to another adjudicator to push Barclays to honor the original decision, they agreed to this in July and so the FOS flt it was just a matter of chatting through.


    Barclays used all sorts of delay tactics, e.g. they couldn't see my credit file?? The person dealing with it was on leave, their contact at Experian was on leave! The adjudicator completely agrees with me and so finally they had a call on Friday and Barclays REJECTED the findings!! This is after agreeing in July. So the matter now has to go to an ombudsman.


    This latest saga has delayed things by another 6 weeks but the FOS said that they would sort this as Barclays has already agreed to the decision and it was just matter of sorting that out! Furthermore In July I had to sign an acceptance form re the decision and assume the bank would need to do the same? How can they now go back on this? They say they refunded the charges as a gesture of goodwill! They've never said this before.


    This is having a profound effect on my life, my credit rating is being dragged down due to this, (after years and years of paying debts and getting to an ok position). I need to get car finance but I can't get s decent deal as my score is too low, I don't want to go into something far more expensive just because of this but in 3 weeks my car needs to go back!


    I cant get a mortgage and generally its just causing me to feel really down. I really dont know what to do.

  12. I've just been told by the FOS that the average wait for an ombudsman decision at the moment is 6 months!!!!


    So do I leave it with the OM's or raise another complaint directly with Barclays and say I will take legal action if the matter is not resolved effectively and swiftly?!


    Do you think Barclays are happy to be voted worst bank every year? They don't seem to be keen to lose the title!!

  13. Sorry haven't done this before but should I prepare a concise letter for the ombudsman? My adjudicator said she would prepare my file but hasn't asked me for additional information.



    You're more likely to get a fairer decision from an Ombudsman's review.


    But be careful to present good, brief arguments with the aim of presenting new relevant info for them to consider.



  14. Also to be honest I would not try and claim damages for the house loss as I had not spent any money and there was no guarantee the house was mine! However Barclays have put in a position where I cannot get credit at all! I've spent years rebuilding my credit and they've effectively destroyed it and even if this gets sorted I will still have incurred months of humiliation as a consequence. How could I be 5 payment behind on something that no payments were in place for! And they cancelled my overdraft despite the matter being in the hands of the fos. When I mentioned this to the fos at the time they simply said that an overdraft could be withdraw at anytime, but I argued that it was a little poor to withdraw it whilst a complaint was ongoing and after 20years!

  15. Hi


    Yes looked over the case the there are similarities. I'm going to make an SAR for all of the complaint correspondence just in case I'm not happy with what the ombudsman says. I may seek further damages for defamation though, I may now not be able to get a mortgage for several months because of this!





    I think a review by the Ombudsman will be worthwhile if you can identify specific issues that have been addressed inadequately, such as the interest charges, etc.


    I'd wait until the FOS review is complete. Then you can decide if you have unresolved issues, and how they should be dealt with.


    Taking court action is not the only, or the safest, course of action.


    Have you looked into the Durkin case yet.



  16. Thank you for the replies.


    Yes I had another account with Santander and moved everything to them including salary when this started.


    I will contact Experian today and no I haven't issued another complaint to Barclays re the handling of the FOS decision, the information on my CRF, their dragging of heels re actually processing this matter or the fact that this is stopping me moving forward with my life, I can't buy a house, I can't buy a car and they don't care! Should I write to Barclays and raise a new complaint?


    I receive all of the charges back but no interest however the FOS asked me to sign a settlement form so I think I will have to let that one go.


    So do you think I should write to Barclays or issue a claim in the small claims court for damages? I did not incur financial loss re the house I'm just unable to get a mortgage right now and my credit file has been searched which isn't great for for a score either. I currently Have moved in with my mum because I don't have anywhere to live!!


    I have asked for my case to be reviewed by the ombudsman but I have been advised this will not be a quick process. I get the feeling the adjudicator has had enough of this and just wants to move on from it!

  17. I will try and keep this short!


    Ive been banking with Barclays since 1995 and there have been good and some not so good times! I've always had an overdraft. Last year when they introduced the new fees my monthly interest went from approx £11 to about £48 per month! I wrote to them in Sept and explained I was already struggling and asked if they could freeze the interest and in return I would pay £50 per month which would reduce the balance of the overdraft- I asked for 6 months and then for it to be reviewed. They acknowledge my complaint but I did not hear from them for several months, apparently they wrote to me in November but I did get the letter and also my father passed away on December 12th and was gravely ill for weeks leading up to this so it wasn't really on my mind. I contacted them in February and asked what was happening and they then sent another copy of the letter and a cheque for £50 for the delay. In the meantime I had been making the payments of £50 per month without an arrangement in place but they had not frozen the interest.


    The letter rejected my request and therefore I contact the FOS. After what seems like forever in May the FOS ruled in my favour and ordered Barclays to refund the charges from September and pay me £75 compensation. Now the other issue was that up until March Barclays had never in 20 years reported the running of my account to a credit reference agency but in March they decided to withdraw my overdraft and report this via the CRA's it it looked like I was £1300 OD against a limit of ZERO and also 5 payments behind! They were also ordered to make an arrangement with me, change my credit file from March to show an arrangement and show my overdraft limit.


    I made a formal arrangement to pay the balance in 6 months at £150 per month, more than I can afford but they would not accept less! It is now nearly September and whilst Equifax shows and arrangement since March, the balance is incorrect - it shows £1268 when its now just £550. Experian hasn't been updated at all and I only found this out because I have good credit outside of this and I want to pay a house, I applied for a agreement in principle and was declined due to this information showing me 5 payments behind! I lost the house I wanted!


    I recontacted the FOS who all along have been very lenient on Barclays and the advisor was actually trying to tell my that its the way Experian report and therefore not Barclays fault. She also said she was surprised I could get a mortgage with an arrangement showing but Ive been assured once this is sorted it is all fine. I insisted she go back to Barclays and she said she emailed them but they didnt come back to her and now shes gone on holiday for 3 weeks! Barclays will not discuss this matter with me directly.


    I just dont know what to do? this has been going for a year! Barclays just seem intent on making this as difficult as possible. I mentioned the ICO to the FOS and they said I dont need the ICO, is this right??


    Any advice would be appreciated. Can I claim compensation for them making me lose the house I so desperately wanted?

  18. I will try and keep this brief but I have several issues with my Egg PPI claim and would appreciate help/advice.


    Made original enquiry back in May 2013, they wrote and asked for proof of current address in Juy and I sent. I have notes from SAR which state received 31st July and address changed.


    I sent SAR in June and the cheque was cashed but no info received.


    Between June and December I received 4 more requests for address info! I complied twice but then got fed up of sending, (at this point I wasn't aware that they had processed in July!)


    Out of the blue in Jan 14 I received 2 letters, one saying my claim for CC had not been upheld because I applied online and one saying my loan claim had been upheld with an offer of settlement.


    I appealed against both decision. CC because I recalling being told on the phone that my online application was more likely to be approved if I took PPI, this was rejected and so I've taken up with FOS. Loan appeal because I believe the amount to be much higher than offered and at that point I still did not have my SAR info. I asked for them to either send me the SAR info or review offer- finally on Feb 6th I received the SAR info!


    This information includes loan agreement x 3. One of the them is dated incorrectly. I got in to difficulties with this one and it resulted in a massive CCJ and a charging order against my home. In the end I sold the house to pay the loan and moved into rented, I have never really recovered from this and now wondered if this should've been enforced due to the error?


    Also, none of the agreements include terms and conditions and although the PPI is listed again theres no terms.


    Finally, there's no documentation to show payments so its impossible for me to calculate how much PPI I paid and presumably also it impossible for them?


    My questions are: Can I do anything about the error on the agreement? Its now paid so can this be retrospective? Should I complain about the the fact that it took 6 months to respond to SAR? Also complain about the delay tactics re proof of address when clearly their own records confirm they had it in July. Also, on the offer they ask for certified proof of DOB as mine differs on records but again on the paperwork from SAR my DOB is correct- another delay/barrier?


    Thanks in advance for any help x

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