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gemspan

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gemspan last won the day on December 26 2009

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  1. I received an email today from Lowell saying that Vodafone has not produced the contract (because there never was one!) but despite that they cannot uphold my complaint. They have however said that they will remove defaults and information relating to them but they are failing to pay me compensation for their mistake. Oh, and it will take 50 days for the inaccurate information to be removed. I have written back to them giving them 7 days to provide the contract after which time they will require to pay me compensation. As I know there is no contract because the contract didn't exist, they have no hope of producing it. If they say there is no evidence to suggest that this was an incorrect debt sold on...why are they removing all the information they have provided on my credit file for years apparently and why will it take them 50 days when they can do it immediately? They apply it quick enough. They also said they bought the debts in good faith. Effectively they are taking debts from vodafone without even carrying out due diligence to see if these debts are even owed and then trashing people's credit files with no evidence to do so. Shocking behaviour.
  2. Hi there Thanks for replying. The arrears were incurred over 6 years ago and it appears that they didn't register a default. They just keep reporting that my account is over 6 months in arrears. They haven't even reported the arrangements to pay. The sheriff said I should pay £25 over and above my CMP. I have kept to that arrangement and have then entered into agreements with them to pay more in order that the arrears would be capitalised. Every time this happens they transfer me back to another department and it all starts again. Meantime they are not showing arrangements to pay or the fact that my CPM plus additional monies is being paid each month. My credit file just shows 6 right the way back to the time the arrears occurred. I don't think this accurately reflects the fact that I have paid religiously and, anyway, anything a court decides should be considered the actual arrangement to pay. That should be recorded on the CRAs as a ATP. Am I right in thinking that? I have been in touch with Lowells and will wait to see what they say. If I don;t get a satisfactory response then I'll write a letter to the CEO. I'll give them 14 days. I am thinking that my arrears should only show for the time I was not paying CMP and thereafter arrangement to pay reflecting how they are reducing. It just looks like I've done nothing and that's not accurate. I'm really cross about this as it's just another thing they've done to make life incredibly difficult for me.
  3. Hi there I'm looking for some help and information. I got a copy of my credit file the other day after being refused a car loan. I was gobsmacked to see what had been going on. Firstly, Lowell appear to have bought a debt from Vodafone that doesn't in fact exist. I had a 12 month contract with Vodafone and when it finished I moved to another provider as I got a better deal. Vodafone tried to say that it was a 24 month agreement (which I know it wasn't as I wouldn't tie myself in for 2 years!) I asked them for a copy of the agreement along with a copy of the telephone call wherein the contract was agreed. They failed to respond...and failed to respond to a few follow up letters.... I thought that was the end of it. Clearly this has been sold to Lowell without a contract agreement and they have placed a default on my account without telling me. I have contacted the CRAs to advise and also Lowell to get them to produce a copy of the contract.. .explaining that it was a 12 month contract. What do I do when they can't provide a copy of it? They won't be able to provide it because it was a 12 month contract and I paid religiously throughout that agreement. Can I report this to the ICO as it has completely trashed my credit file? Any advice gratefully received....good or bad. The second thing is this. I became seriously ill in 2010 and it took some time for me to get some help with my mortgage and I incurred arrears. The mortgage company took me to court - does the calling up notice act as a default for the sake of dates? - and they were ordered to negotiate with me. No suspended possession order was placed on my account because the sheriff was really quite angry at the way I had been treated. Forward to 2017 and more than half those arrears are now paid off and religiously they have been getting the mortgage payment every month. On my credit file the mortgage company have noted that I am in default and am making late payments every single month. As I have no influence over when those payments are made and am considered to be a "protected person" under the The Equality Act 2010, shouldn't they have been sorting this out so that it shows a true reflection that the problems incurred 6 years ago and the mortgage has been getting paid every single month, with additional to pay off the arrears every month? Should they not also be showing that the arrears have been decreasing? They are basing the arrears on what I pay now for my mortgage and not what I paid when they were incurred. I was paying £700 a month in mortgage payments and now pay £250 with the latest rate increase. They are saying I am more than 6 months in arrears on the payment now when the actual arrears were incurred when my mortgage payment was much higher. Regarding the default. Should that also fall off after 6 years as it's still there as well as late payment markers. I think that the mortgage company should have changed the payment date as a reasonable adjustment so that my credit file reflected what was actually happening ie I was ill and incurred arrears now although I am still seriously ill my payments are made every month and I have paid off more than half the arrears. It looks like I am a really bad credit risk but it was a bad time in my life that I've now corrected. Surely this can't happen and it's not fair. I look forward to getting some advice on what to do about this. I have contacted all the CRAs but wondered if I should take it further. Also FOS has not recognised this lack of making reasonable adjustments for my situation as a protected person. Thanks a lot.
  4. Hi Rachael I know it's a little late in the day to be commenting on this but I just came across it just now. Have you heard anything further from Arrow? There are a few points that I would like to raise. It seems that it has been Arrow that has been stopping you making the payments smoothly. They should have had something in place immediately they took over so that you could continue the arrangement with them whilst requesting you complete an income and expenditure for their own files to get an up to date situation with your finances. They have made this very difficult for you. YOu have sent off 3 income and expenditure forms which supporting evidence of your payment plans. They already have that but it seems they are stalling for time asking for more. Do DCA's have a licence to be mortgage holders? I don't know if they have to have a special licence for that or if their own licence will suffice. If you contact GE and get a SAR sent to you then you could be claiming back all the fees for admin etc., which could wipe out the arrears completely. It really is in your best interests to do that. You may be able to add up all the arrears fees and visit charges that are on the statements they sent you. How long have you had this loan and how long does it have to run? What was the original figure borrowed and how long have you got to go with it? Hope you managed to have a decent christmas. It's not great with stuff like this hanging over you. I know how difficult it is dealing with these people as I'm having to do it myself at the moment. Look forward to hearing from you
  5. Hi there They wrote to me and told me they were stopping the insurance premiums but the insurance that had been paid previously on my account still stands. This was because I hadn't sent them a copy of my insurance documents assigned to them. they just stopped charging and I was left with the payments already made. They add this into another file apparently that isn't added to the account until the mortgage is redeemed. It all seems very dodgy to me tbh. This is part of The Co-operative. My parents think I should write to their CEO and let them know what their subsidiary is doing. When all this was going on with the insurance etc I was so ill I never looked into it further. I have written quite a few letters of complaint but I just get the usual... .we're within our rights to do this...type of thing. When you're ill you get to the stage you don't have the energy to keep fighting.
  6. To be honest I didn't know what to do. I thought that I should oppose it but what we were going to do was wait until a week after it was closed and then hit them with a letter saying they must take the £1700 for legal fees from my account because the judgement was made with no expenses due to or by either party. That will no doubt be brought up when we recall that case. When I wrote to them it was after receiving a letter from them saying that my case was being passed to litigation. When I read it my parents were here and I was almost on the brink of having to call a blue light ambulance due to the angina attack that I had. I managed to stabilise though but I made them aware. This latest trick is just vile. They've included a covering letter saying that they may still be happy to enter into a repayment arrangement if I complete an income and expenditure form and supply them with bank statements, pay slips or benefit confirmation. I think I'll keep all that personal information for a judge and they certainly won't be getting to see my bank statements. It just bullying..plain and simple...and all because I asked them to wait until I completed another income and expenditure form. It beggars belief.
  7. Thank you for merging the threads. I couldn't find the original one. Yes, they're up to their tricks again. Grrrr
  8. Oh yeah...and when I question why I'm not getting the capitalisation that I was promised they say I don't meet the criteria. Very strange that I did previously. This is also an interest only mortgage and when I enquired about a price for changing to capital and interest they told me I didn't fit the criteria on that too. They're desperate to get their hands on my house so they can make a nice profit. That's very clear now.
  9. It's Platform Funding. I have never been treated like this in my life. They are vile. When this went to court originally the judge wasn't happy because they told me they wouldn't negotiate until they had a charge on my property....which they never got. Now they're trying to take my home, knowing that I'm seriously ill and am paying my mortgage religiously, with more than required in addition. This is just bullying and I won't let them get away with it. This time though I'm not able to do this myself as I'm too poorly but I will attend court. I've also reported this to FOS but they appear to be not much use. I managed to get all the charges wiped off the account already but I see there are a couple of minor discrepancies there that I will sort out and get those taken off. They stopped adding the insurance a couple of years ago but the premiums are still on there historically. That amounts to maybe £400. They say they're not included in the arrears figure and will need to be paid when the mortgage is redeemed. Properties in my area are going up in value so I think they're trying it on. They've offered me voluntary repossession a few times too. This is my home! I need a roof over my head and especially now with my health. It would do great damage to me if I had to pack up a home and move. That's the honest truth. Disgusting behaviour.
  10. Hi I'm looking for some advice. In 2012 I was taken to court by my mortgage provider to try and get possession of my house. The sheriff would not award it and ordered them to negotiate with me. An agreement was made and since March 2013 I have religiously kept to that agreement. The only time the payment has differed from that agreed by the court was when the mortgage company promised me they would capitalise the remainder of the arrears after 6 months of paying set amounts to prove that I could pay the slightly higher mortgage payment and to take into account if mortgage rates increased. Again, I kept to their agreement religiously and a month before they were supposed to capitalise my account was sent back to another department and the whole saga started again with phone calls, letters etc. This has happened twice. I am now paying twice what was arranged by the court. The court case was stayed back in 2013. I was diagnosed with a serious life threatening illness in 2014 and the mortgage provider know this. They know that stress can cause serious problems and that I have recently started experiencing a decline in my memory. That didn't stop them from phoning me and demanding that income and expenditure be completed despite my situation not changing which I informed them about on lots of occasions. I have always worked with my mortgage company and my mortgage payments have never been missed.. .not one missed and every month an additional payment made. To let you know how I have been operating my account, half the arrears have been paid off in 4 years... with them promising on two occasions to capitalise the remainder but they were empty promises. In July I received a telephone call out of the blue asking me to complete an income and expenditure form. I advised that nothing had changed since November last year when I completed one prior to their promise, yet again, of capitalising my existing arrears. The reason I requested capitalisation was so that I had some continuity as my health deteriorates. I have a progressive health condition. They demanded I complete an income and expenditure form and I told them I'd have to find all the relevant details but as my income was currently being reviewed it would have to wait for a little while until I knew exactly what my income and expenditure was going to be. Any form completed at that time would not give a true reflection. My mortgage has continued to be paid and I have continued to pay twice what was arranged by the court. I was really being harassed by telephone calls throughout the day and at that time I was experiencing a phase of seriously bad health so it was having an awful effect on my well being. I eventually had enough and wrote to them taking permission for them to call me at home and requested that all communication be dealt with by letter. I was told my account was going to be sent to litigation for repossession I advised that I was contacting my solicitor and I was going to have the court case resumed to advise the judge what was going on and the fact that they charged £1700 in legal fees but refuse to give me a copy of the invoice or a breakdown of the fees. I then received intimation that they were dismissing that court case with no expenses due to or by either party. I still attended my solicitor appointment and she told me that it seemed like they were now taking responsibility for their actions and behaviour and advised that I don't oppose it as it was a win for me. She did say that they could dismiss that action and start a new one but she felt that would be unethical and they would have to explain to a judge why they were doing this when my mortgage payments were up to date, plus paying an additional sum and having cleared half the arrears in what is classed as a reasonable period of time. True to form they have just served another calling up notice on me. I am absolutely disgusted at their actions. Pre-action protocols state that you can't raise an action when somebody is making headway in clearing the arrears. I am seeing my solicitor next monday as she's on holiday I'm sure we will be having the previous case re-opened to bring this behaviour to the attention of the judge as I believe this is a vexatious action and an abuse of the legal system due to my account's current standing. Is this normal practice? Has anybody else ever experienced this? Why did they not just go back to the original action? Would be interested in hearing thoughts. I will say that this has had a terrible effect on me due to the worry. I have done everything that has been expected of me. ..and more. ..and yet it seems that they can just come in at any time even when you're paying the arrears and your mortgage and try to take your home. Surely that can't be right?
  11. It may be worthwhile looking at the recent judgement in the HIgh Court in Belfast relating to the behaviour of Halifax and customer arrears. It appears that they have been capitalising arrears ie adding them to the end of the mortgage....and raising the monthly payment fee. This wipes out the arrears instalments because you are paying the arrears over the term of the mortgage. They have then taken people to court for the arrears asking for possession. The recent judgement deemed this behaviour as unacceptable. They cannot add the amount to the end of the mortgage and therefore increase mortgage payments to pay the arrears off...AND....ask for an additional payment to pay them off - as they are already being paid off. Do a google search for double billing mortgage arrears and it will bring up the case for you. It seems they haven't taken heed of this in Belfast. Shameful behaviour really. Did your mortgage payment go up following the arrears? If so, it seems that this practice is widespread. Good luck. I can't tell you anything else about the possession order as I don't know that area but thought you'd be interested in this judgement as it's Halifax
  12. Hi hadenough77. Did Sky tell you 10 days before taking any additional money that they would be taking it? If not, get on to your bank and have the direct debits reimbursed. Under the DD Guarantee they have to give you 10 days notice if any of your direct debits will change. Secondly, cancel your DDs with them until this is sorted and pay by card. Write to the CEO and advise them of the failure of the engineer to fit the boxes properly and the fact that you have been charged additional rental due to their incompetence. When a multi-box is fitted the engineer should fit an additional phone line but this happens a lot and they don't do it...hence people get charged for the full additional subscription. All you have to do to get the DDs reversed is get in touch with your bank and explain to them the situation, telling them that they did not inform you of the addiitonal amount they were taking out. If you have a phone package with them they should be advising you every month...either by email or snail mail. That's the DD guarantee if the amount changes.
  13. Can anybody direct me to this information please? I'm very disappointed that recently whenever I have asked questions that I can't find the answers for myself. ...that often the questions go unanswered. This never used to be the case with this site....it was always full of very helpful people. Can anybody help me? If not, please let me know and I will go elsewhere. Thank you
  14. No I didn't! I did think I read on here a while ago though that they could only apply interest for the length of the contract and that is really the information I am looking for. I will be making a payment plan with them but I cannot understand for the life of me how a £200 debt has now gone to £960... ..that is outrageous!
  15. what do you need? They were able to give me the amount that I had paid and said that with interest etc the balance was now £960+ I have had letters saying the same thing which I just disregarded because obviously that is nonsense! The loan was taken out September 2011. In fact I took another one and paid it off, then had this one and paid £200, then became sick. surely they can't get away with this? I thought the interest was only allowed to run for the duration of the loan ie a month, is that wrong? It appears that they have been applying their ridiculous amounts of interest over the entire period since it defaulted.
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