Jump to content


  • Tweets

  • Posts

    • Thanks for the other info will also take a look at that.
    • It doesn't use the word reconstructed in the cover letter.  Although, I have just noticed on the cover letter they have asked me to complete a financial statement and offer a repayment within the next 10 days, or they will continue to follow court directions.  They sent a separate letter on the same day advising me they will be continuing with their claim ?  They have done the same for both claims.  Is it worth just doing that - doing the financial breakdown and offering a x amount.    
    • hahah except I can't locate the courier to frighten them with it hahaha   
    • Dx100uk according to the ICO office, who I spoke to at some length earlier today after getting the email from the court, Equita are the data controller if they have instructed the contracted EA. The ICO have noted the case, and stated very clearly that the court has the higher standing in terms of dealing with, and punishing either party if they fail to adhere to the district judges order and any action they take will not be criminal.    but they also stated very clearly that with what I’ve told them, and on the basis of accepting what I’ve told them as gospel (which it is with written confirmation from both the courts and the police) then there is some major red flags being raised on both sides with them blaming each other.    they’ve advised me to essentially keep my powder dry until there is a charging decision and an outcome from the seperate proceedings with the EAC2 complaint, and then come back to them with the case and they will be in a stronger position to act against Equita and the EA as there will be established facts and evidence that have already been laid before a court.     
    • urm.. i seem to recall another assault case whereby the approved bailiff company claimed the body camera was nor theirs but a pers one of the bailiff, i think they got in serious trouble for it. i believe that breaks certain gov't approval for a bailiff company/firm regulations/laws  if memory serves me right?
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Mortgages plc


borolad63
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4460 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Interesting question. I am bumping your thread in the hope that someone with the answer will pop in. xx

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

From what i have read many times on the forum "They do have to have the original agreement," this is what I have learned and so believe,

However if anyone out there can tell me different then please do, as at this point in time these are the facts I've gleaned from cag. so would really appreciate knowing weather I'm correct or not.

Thanks guys.

Link to post
Share on other sites

They only have to supply the original if you requested it before the hearing. You need to do this under Civil Procedure Rules 32.19:-

 

Notice to admit or produce documents 32.19 (1) A party shall be deemed to admit the authenticity of a document disclosed to him under Part 31 (disclosure and inspection of documents) unless he serves notice that he wishes the document to be proved at trial.

(2) A notice to prove a document must be served –

(a) by the latest date for serving witness statements; or

(b) within 7 days of disclosure of the document, whichever is later.

Link to post
Share on other sites

They only have to supply the original if you requested it before the hearing. You need to do this under Civil Procedure Rules 32.19:-

 

Notice to admit or produce documents 32.19 (1) A party shall be deemed to admit the authenticity of a document disclosed to him under Part 31 (disclosure and inspection of documents) unless he serves notice that he wishes the document to be proved at trial.

(2) A notice to prove a document must be served –

(a) by the latest date for serving witness statements; or

(b) within 7 days of disclosure of the document, whichever is later.

 

Ok thanks, so note to self would be ask for this (original docs.) under CPR. Meaning when you did a CPR in the event of defending court action, is that correct.

Link to post
Share on other sites

When defending a court action your first request to them is under part 18 to disclose information. In your CPR Part 18 letter you are only supposed to refer to Part 18 issues but I guess there's no harm in doing it at the same time.

 

The Part 32 notice you would send after they have responded to your part 18 request and sent you copies of the documents. If any of the copies look a bit dodgy then you can serve the part 32 notice as long as you do it within the prescribed timescale given

 

Regards

 

nicklea

Link to post
Share on other sites

Thanks Nicklea,

Well explained, I can see i suppose where I have read that original docs need to be shown in court that this has come about after people have asked under part 18 and/or part 32.

thanks OP please have your post back didn't mean to hijack it.

Link to post
Share on other sites

  • 9 months later...

Can someone advise please. I fell into arrears with my mortgage due to be being unable to work (I am self employed) due to a bad back.

 

I am now on pension credit and the pension credit pay some of my interest.

 

I was in court with my mortgage and a suspened order was put in place and to review in six months.

After paying my mortgage plus £50 for the six months, mortgage plc did not turn up for the hearing and neither did I (I was ill at the time unfortunately)

 

In the six month period of paying my mortgage I was contacted by my local hospital to go and have a operation on my back.

(I had a slipped disc on one side and a trapped nerve on the other side painfull believe me!)

 

At the moment I am really struggling to pay this March's mortgage.

What I need is some form of letter to send mortgage plc explaining the situation that once my back is ok (maybe a few months)

I can go back to work and earn decent money to pay off the arrears and mortgage payments.

Link to post
Share on other sites

Hi there, I have affixed a letter for you to send to them. Make sure you have the correct address and department to send it to, even if you have to ring up first and ask.

 

Send the letter by recorded delivery and keep a copy for yourself. Also keep the receipt for posting and check on the royalmail website in a few days to print off the signature receipt. Keep all together safe until you get a reply from them.

 

Ell-enn

Borolad63 Letter.doc

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Hi Ell-enn

 

Sorry to be a pest.

 

When writing your drafted letter to Mortgages plc, it states on second paragraph that I am about to go into hospital for surgery whereas I have already been into hospital and I am currently recoverying from the operation. The operation was in October and I have a letter from my doctor stating the complexaties of the operation

 

What is the best thing to write

 

Thanking you for your patience

 

Borolad63

Link to post
Share on other sites

Hi there, I have amended your letter (affixed). You should send a photocopy of the letter from your doctor (I have referred to it in the letter).

 

 

Ell-enn

Borolad63 letter version 2.doc

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

  • 2 weeks later...

Hi Ell-enn

 

Received today a reply from Mortgages PLC stating that payments have not been maintained and arrears are £5685.46. I sent a cheque for £100 with your letter.

They are asking for Income and Expenditure form to understand my position which will also assist them when consideration potential payment arrangements. Fees and additional interest will continue.

 

How best to fill this form?

I am currently on pension credit of £65pw and have all the usual outlays. Food £40pw, gas 10pw, electricity 10pw, petrol 10pw swift loan 185pm etc

By rule of thumb do I minimise my outgoings or not.

 

Many thanks

Link to post
Share on other sites

I think you need to fill it in to show your true position otherwise they will expect you to make payments you can't afford. Have you written to Swift to ask for reduced payments?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Hi Thanks for your reply.

 

will fill in the form for Mortgages plc

 

with regards to Swift

 

I was granted a suspended order from the courts four months ago with the view to start payments in February 2009. I made my first full payment last month for the full amount plus £50 but will Swift look at reduced payments so soon after?

Swift are charging me costs every month even when action was suspended.

 

borolad63

Link to post
Share on other sites

Hi Ell-enn

 

Sorry to be a pest again.

 

Not sure if this question is in your field of expertise but do not know where to go on CAG.

 

My father passed away about six months ago, was in residental care at the time. He had a Yorkshire Bank account now closed and a Yorkshire Bank Credit card with an outstanding balance to which I am personnaly paying off the min amount every month.

 

What is the legal standing of this account?

 

many thanks

 

Borolad63

Link to post
Share on other sites

  • 3 weeks later...

Hi Ell-enn

 

Here is an update. I sent a copy of your letter to Mortgages PLC and still awaiting an answer from them. I also sent a copy of your letter to Swift and back came Swift's letter stating that they will accept half payments for two months and I need to pay £83.86 for April and May.

June's payment will be £167.72 plus extra to go against the arrears.

 

Your thoughts

Link to post
Share on other sites

Hi

 

Have received reply from Mortgages PLC stating that they have not received any payments (nor it seems my letter that Ell-enn formated for me) and because I have not contacted them they have arranged for a debt counsellor to visit me at a cost of £86.25 to be added to my account. He turned up last night whilst I was having my tea and rearranged the meeting for next Tuesday at 2pm.

 

Mortgages PLC seem to be totally ignorning my letter I sent them.

what do I do next?

Link to post
Share on other sites

  • 11 months later...

I have done i&e forms before whereas I was looking to stay in my property and always had what appears to be spare cash so I could pay my mortgage plus arrears.

What I now need is how to complete a i&e form whilst looking for interest payment only instead of full monthly payment plus £50 arrears.

I think it would have to show a shortfall in income against expenditure (being the same as always).

The loan concerned is with Swift Advances

My mortgage is with Mortgages PLC who have accepted interest only payments via a solicitors letter (whilst I was on legal aid but now I am not able to get legal aid).

I tried CAB but Swift are saying I have to fill in a&e form before they will look at interest.

Link to post
Share on other sites

Hi All!

 

Borolad63,in reply to your post:

 

Double check your terms and conditions with list of services and applicable fees from your lender(which should have been given to you at the start of the mortgage) as you should be able to change from type of product to the other upon payment of the required fee which should not exceed around the 200 quid mark.

 

In this case,there should be no requirement for any Income & Expenditure paperwork.

 

I hope this helps.

 

If you have any questions,please just ask.

 

Keep us posted.

 

All the best!

Link to post
Share on other sites

  • 1 year later...

Hi

 

what happens when you hand over the house keys to the mortgage company who are the 1st charge

who presumerably will have the house auctioned off with a shortfall in the auction price and the the outstanding mortgage and any other charge on your house

ie 2nd charge or even 3rd charge.

 

I know that all the money raised by the auction sale will firstly go the 1st charge (mortgage company)

and if shortfall then what?Will I be chased by the 2nd charge and how?.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...