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  1. Its a long first post, but please bear with me...desperate? In 2001 i had a major epileptic seizure while at work, i have never had a seizure before and was taken to hospital.(where i spent the next 4 days) Over the next 6/12 months i was having quite a lot of tests done to see what brought on this seizure. In 2002 my wife and i bought our ex-council property,when we took out this mortgage we took out PPI i disclosed my illness which hadnt stopped me from working, and the seizures were now only partial and unfrequent there was no pattern to them at all. I was perhaps having maybe 1 or 2 every 3/4 months. When the PPI was taken out as i said i disclosed the illness, it was a fixed term of 3 yrs and they contacted the hospital and my GP for eveidence. However in late 2002 i was eventually diagnosed with a ''cerebral brain tumour of the right temperal lobe which was causing the seizures'' The insurers were made aware of this i think at the time i was paying around £62 per month PPI. In June 05 i had a call from my insurers they said my fixed term was now ending and did i want to contuine it, also had my condition chnaged at all. I said yes i did want to contuine it, and yes my condition had got worse. The reply was ..well as you havent claimed against this policy before there is no need for any further medical eveidence. But my premium was now going to be £65 per month, thats ok i said. My seizures were now getting very frequent and i was having 2/3 per week i was taken back into hospital for tests. Where lucky enough they caught this one on VT test and it showed that i was blacking out but having only partial complex seizures (not full ones). I was advised by the hospital to stop working and they would go for removal of the tumour (i was having regular MRI scans that showed the tumor was not growing , not cancerous, but was sitting on a part of the brain that was giving me seizures) and the removal of it was the best option, it was in a good position to be removed. Because my mortgage was taken out after 1995 i would have to wait 28 weeks before i got any help from the DSS. I wasnt unduly worried as i had the PPI...But they neglected to pay out!!! Their get-out-clause was A) It was a pre existing medical condition. B) it was a new policy? It wasnt a new policy i had just carried on the old one, and they knew of my medical history ...so what were they covering me for and why was it a higher premium? I went thru the Financial Ombdsmen/LLoyds back and fourth went the letters and then they changed the reason they were not paying out to: ''they didnt ask me to go for a medical i wasnt covered for the only thing that was wrong with me''?? Where can i go from here as to trying to get redress from either the insurers or brokers (was the policy mis-sold)? Anyway late 05 the mortgage company try to reposess and take us to court, the judge awards them 28 days? I borrow some money and employ a barrister who takes it back to court and this time we get a good judge who sees we have done all we can to resolve things and allows 3 months to sell the property, which we do in a week and are now in rented accomodation. We have a 17 old at college and a 13 yr old at school. When we were in court on the second time the mortgage company sought reposseion or £146k settlement. That was the figure they asked for. When we get the last statement after the sale we see they mortgage company have taken £156k, They say £8k on early settlement figure £2k on fee's. IMO an early settlement is the same as penalt clause in this situation (ie we were forced to sell) and therfore a penalty clause is NOT ENFORCEABLE in a court of law. I have now asked the barrister to look into this, he said the Penalty clause is NOT ENFORCEABLE IN A COURT OF LAW, but they are trying to get round it by saying it was an Early settlement figure, which they would be intitled to ''if i moved mortgage companys to find a better rate'' for example. Does anyone know of a case like this? What was the outcome? ANY help would really be appreciated, although we could really do with the money i would rather the barrister had in fees, than let the mortgage company have it!!! Thanks for taken the time to read this long post...appreciate it! well second like an idiot i posted in the wrong forum i posted under ''general consumer issues'' insted of looking at the site properly, so appologies to the MODS and other users of this board. please have a look in the general forum under ''repsosesion/PPI/early settlement'' I would really appreciate it if someone could take a look at for me or if the MODS could possibly move it to this forum. I never knew so many people had probs with gmac/eversheds llp (solictors) Thanks again all and i will update if i get some news from the barrister Three threads merged
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