repossesion attempt.

[jansus]

Thanks supersleuth that is very clear.

 

Do you think the poster should change his letter of complaint and be a bit harder.

 

My feeling is that he should go through the official proceedure of complaint ( if they have one:rolleyes:- should be stated in the KFI on contract)

 

Then complain to the FSA and FOS?

 

I can also see his point about getting the charges removed for the arrears which he considers are not his fault.

[johnny11]

Wow thanks superslueth spot on with your assesment. Thought I would apply for a subject access request on Monday. If I've read other posts correctly this should give me the proof I need. Hopefully then I can do what you suggest. If I can't get the proof will go ahead anyway. Even without proof. Surely the fact that all correspondence cheques E.T.C. where addrressed to the old morgage company must count for something? Unless they accuse me of an elaborate rues to risk my house and gain precisely nothing?

Not sure about suing the solicitor but will definately report her. If they are doing this kind of thing to me then they are definately doing it to others less fortunate. Feel its only right to stop things like this.

Yet again MANY thanks your all doing a fantastic job. I only hope I can help you all one day.

[supersleuth]

Hi Janus/Johnny

 

The best piece of advise that I can offer is when sending letters, do not write any personal information whatsoever. These lenders are not human and will not have any sympathy/considerations/understandings at all. Letters should be restricted to the legal and factual issues.

 

Moreover, the law does not respond to emotions either. The law is clinical too. If you bog down your legal argument with personal issues, the judge will miss your legal point. Thus, keep on the legal and factual point and do not bury the point in personal information. Reserve your personal for us CAGGERS and real friends/family who will respond as humans.

 

Thus, E.g. your letter should stick to the point that they have not satisfied the condition precedent on which they claim the increased rate and consequently, any charges that are made to the account without fulfilling the condition precedent are charges made as a result of the lenders breach of contract and are therefore not payable and not enforceable against you.

 

Do not let the letter become crowded with other issues that are irrelevant to this main issue (e.g. personal circumstances) otherwise your point will not be clear. Plus, when using the letter in court, the judge may be diverted from applying his mind to the real legal issue if you've divert his attention to personal issues.

 

Telling the mortgage company that you have no money to pay the mortgage (e.g. lost a job, can't work through illness) is not a good idea. The lender may use such information to make the argument that you can't pay the arrears anyway because you've got no income. If they make this argument, then the judge may conclude that even if you have time to pay the arrears, you can't pay anyway. In summary, there is no mercy to be had in from the lender or the court on personal issues. So keep letters to the clinical business/legal/factual issues.

 

The only place where is it possible to get some real justice (although I also know that this is very difficult for borrowers) is to make the courts apply the rule of law! Thus, argue that the lender cannot benefit from his own material breach of contract as the basis on which the lender claims the remedy of a repossession order. In other words, the court cannot grant a repossession order (which is the remedy it seeks from the court), when the lender is the one who is the party that breached the contract!

 

Finally, grant me the indulgence to sound-off about the FSA and the FOS (and to use Janus' excellent phrase: roll eyes! re the FSA and FOS):

 

It is a good idea to register the complaints with the FSA and FOS. However, In practice (it is my personal belief) that these institutions do very very little to help the consumers. They just give the appearance of help (so that it feels like we have some protection). But in my view, these do little to help because (1) they have the power to bring prosecution (2) they have MORE than enough evidence on which to bring prosecutions and (3) have NEVER used that power to stop the criminal abuses purportrated against borrowers. Thus, the FSA and FOS after forcing the borrowers into many many hours of extremely time consuming complaints merely give the abusers a minor slap on the wrist and leave them free to continue to abuse others. OK, this is my personal opinion and perhaps my extreme low esteme of these institutions and I personally don't have any faith in their independence (especially seeing as the FSA are paid for by the banks!!!). Nonetheless, I would advise people still to make the complaints through these institutions so that they preserve their complaints at law. OK, that's the soap-box bit over...

 

Good luck and be strong - the only way to deal with a bully is to front him up!!

[johnny11]

Ok just a quick update. I have sent a sar. And they have responded saying they will send all the information requested. I have sent an email to the FOS and a letter of complaint to the Community Legal center. I'm assuming this will confirm all the lies I have been told over the phone. And proove that they are in breach of contract( No letters about change of interest rate). Also I have found out that the change in my mortgage company is because they are using a different trading name. Does this make a difference? When I recieve the sar how should I proceed. I am using the time to find out how to start court proceedings any help would be very welcome. Thanks again all. Keep up the good work.

[supersleuth]

Interesting that they say that they are using a different trading name???!!!

 

Don't think they're being quite truthful. But to give them the benefit of the doubt, what is the overall company name. For example, the company could be ABC Limited and they traded as say Smith Mortgages, but then started trading as Jones Mortgages. Thus, the ABC Limited remains the same it is just the trading name that changes.

 

However, if the actual Company name has changed (i.e. the name of the limited company or PLC company name), then that's not exactly a trading name change. It is a change of ownership of your mortgage.

 

It is more likely that your mortgage has been sold to a new company (i.e. a change of ownership of your mortgage) and therefore the so called "just a change of trading name" is actually bulls**t. So specifically ask them.... so you were...ABC company trading as Smith, but now you tell me that are ABC company trading as Jones...is that correct??? Bet you that that is not the case. But ask the question for clarification.

 

Gotta say sounds like you've got some fighting spirit going. Good on ya.

 

Keep in contact re what the SAR turns up

Supersleuth

[johnny11]

Recieved the SAR today. It looks like loads of screen dumps (about 2 reams worth) from a pc. Not sure I understand everything on there yet but still wading through it all. I,m sure that most of it is phrased in a way that only they know what it means. The figures I can understand, but not sure what everything else means. They seem to have recorded when something happend to my account. Some entries are daily so there obviously daily rate calculations. Can also see when charges were added. But cant see that when the interest changes they have sent notification? . Will try ringing them in a few days see if they will explain things. Anyone know what if any format do these things have to follow? Appreciate any help.

[jansus]

Are there any records of calls to you about arrears or any letters at all?

 

Are there codes next to the entries?

 

I have never seen screen dumps before so I would not actually be sure what I was looking at either.

[johnny11]

Hi Jansus.

There are records of calls made about the complaint but none about anything else. Not sure all calls are there got to check with my records. The letters are what I am particularly interested in. As I said cant really make head or tail of it at this point. There are entries that say"reporting status change (auto)" these seem to coincide with interest rate changes made in the financial records. Are these changes to the account or are they letters?. As I say I think you have to work at that place with that system to understand it. Going to go over it fully then ring them Monday and ask them to explain. Will let you know how I get on. Any thoughts before then would be appreciated.

Johnny

[johnny11]

As I,ve got the SAR |don't see any point messing about now. The company I'm dealing with is GE Money Home Finance Ltd. There are lots of posts about them here and on other sites. They have many guises and seemingly many complaints. There interest rates are a massive 8.44%. I ask you if I was aware of the interest rate do you think I would be with them for this to have happened in the frst place?

[jansus]

Hi

 

just checking how you are ?

 

Any progress?

[jansus]

Hi

 

Just checking again any news?