shortfall penalty charges

[divadeb]

Can someone please tell me how i find about charges that have been added to a mortgage shortfall from when my house was repossessed.

 

I was taken to court and ordered to pay £148.00 per month on a shortfall of £40,000.00. That was what figure in 2006. We payed this for 18 months until my hubby lost his job and i contacted Optima legal regarding our change in circumstance. Months went by and we never heard anything, that was until we got a summons to court for financial questioning. To my horror we owed them £42,500.00.........How can this be? I would like to know if there is a letter template i can use to find out were these charges have come from. The original debt way back in 1995 was about £28,000.00. Many thanks, Debbie

[postggj]

Me Thinks On This One You Are Being Charged Interest As To The Mortage Rate Post Ccj.

 

Its Illegal Unless Written Into The Mortage Contract Or Included In The Poc On The N1 Claim Form

 

Do You Still Have Any Of These

[postggj]

On The Summons

 

Who Is Bringing The Complaint

 

Is It Solicitors

Dca , Mortage Company

[divadeb]

The mortgage company is Bradford and Bingley, but for the last few years I have dealt with a company called Optima Legal....the court papers say Bradford/bingley. Thanks.

[postggj]

how much notice do you have before you are called in front of a judge

 

do you still have the original pertic of claim, thats the original n1 county court claim

 

optima legal is just a firm of sols

[divadeb]

We have already been to court in April and we filled out a financial form and we agreed to pay £70 every month. In 1995 when the house was repossessed we probably did get papers to the house but I had already left by then and never left a forwarding address. They sold my house at auction for £9,000.00......I payed £30,000.00 for it. It seems to me that no matter what I pay the balance never comes down. I am sure there adding bits on here and there and I want to get a break down of payments etc and original copies of when the house was sold at auction.

[postggj]

Wait For More Replies But I Would Do This

 

Send Optima A Sar

 

Request A Copy Of The Original N1 Claim

Original Mortage Contract

Default Notice And A

 

Full Statement Of Account Since The Ccj

 

Send Recorded

[divadeb]

Posttggj........thanks for your help, do you know if there is a template letter that i can use for an SAR? I want to get it right so they know I mean business lol:D

[postggj]

ill dig one out

[postggj]

Your address

Their Address

Date

 

 

Dear Sir/Madam

Your name:

Account No/ No’s xxxxxx

DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST

I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts And or credit cards

Please supply me with a complete list of transaction and charges relating to my history with your organization, INCLUDING Loans and or credit cards, payment protection insurance and other products. Alternatively a complete set of statements for the accounts or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization:

 

• Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same.
  

 

• A complete list of all transactions or statements relating to ALL of my Loan Accounts and or credit card with your organization.
  

 

• Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.
  

 

• Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial information, or which pertains to me.
  

 

• Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
  

 

• Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.
  

I enclose a cheque in the sum of £10 to cover your fee.

IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROCECTION.

I look forward to hearing from you in the first instance of receipt.

Yours faithfully

 

Your name

[postggj]

send this to optima

 

as they are dealing with the account and as bradford and bingly are now santandar, remind optimer for compliance

 

put in a request for a copy of the n1 county court claim

 

tell them if they cant do as requested then to pass it onto there clients but the 40 days start from receipt

 

send recorded delievery

[divadeb]

Thanks Postggj....your a star.....I will get cracking on that today