unegulated secured second charges !now covered by CCA 2006?

[frettful38]

Thanks for all the advice you have given, I have taken everything you have written down. Like you I am not going to let this go and do everything I can possibly do to fight and get some sort of understanding out of all this.

 

What information you have written is absoloutley awesome. I am sure than anyone who reads it will look at things very differently from now. We have been taken advantage of big time by Lenders and it is about time us consumers fight back. You have been very very helpful.

 

Your scales have been tipped . I will come back later with some important information which you may find helpful;).

[ryde]

*The FSA included a ban on arrears charges when a borrower is already repaying, And ensuring firms do not profit from people in arrears among its reform of the mortgage market.

 

*The City watchdog said GMAC, which was an offshoot of car group general motors, had been guilty of "Serious Failings" including;

 

a.Excessive and Unfair charges for customers that did not reflect administration costs.

 

b.Issuing Repossession Proceedings before fully considering the alternatives.

 

The FSA said the case set a precedent because it concluded the investigation in a matter of weeks

 

I now believe that the "FSA or OFT" decided that all agreements, even those before 2006 are subject to Unfair contract , terms and conditions, even if it is an unregulated agreement.

 

The removal of al financial limits to regulation under CCA since 6th April 2008 has rendered obsolete the perceived (but illusory) threat of aggregation in order to avoid regulation.

michelle

where did you get this info from?

[Suetonius]

Unfair relationships - The Office of Fair Trading

 

The provisions were introduced by the Consumer Credit Act 2006. They applied to new agreements from 6 April 2007, and to pre-existing agreements from 6 April 2008.

[ryde]

thanks sue for very quick reply!

[andrew1]

When thinking about Multiple Agreements, just bear in mind solicitors and barristers are falling back on the Heath v Southern Pacific case which went to appeal. It has many pitfalls so read up on it and not every multiple agreement is the same, but there are not many case laws in relation to high court judgments re s.18 CCA 74, most have been at county court level.

 

Just be aware of it.

[Suetonius]

When thinking about Multiple Agreements, just bear in mind solicitors and barristers are falling back on the Heath v Southern Pacific case which went to appeal. It has many pitfalls so read up on it and not every multiple agreement is the same, but there are not many case laws in relation to high court judgments re s.18 CCA 74, most have been at county court level.

 

Just be aware of it.

 

Very, very wise words

[michellej]

Thanks Andrew , your words are always taken on board ,.. how's things hope all is well

 

oh yeah 3 more days and it will be legal proceeedings to get disclosure ,.. so once I have proper agreement will post up for you all to have a pick at it ,.. thats if their have the agreement ,..

[michellej]

Well Folks ,.. just recieved a letter of G E Money ,... I sent off my formal letter last week giving a final 7 days to reply ,.. that time scale passed ,.. plus considering I give them a extra 2 weeks as xmas period and did not want to risk stike out at court,... anyways the letter is not what I was expecting at all ,..

 

They thank me for my letter and started by saying SORRY your original letter/request was unanswered

 

I'm keen to resolve your complaint fairly and as quickly as possible , (and then ask for a further 4 weeks to investigate my complaint (4 weeks / they have had 7 weeks now to supply agreement/underwriters sheet under CPR 31.16 request ,.. )

 

further on in the letter they state they would be happy to deal with this complaint , (its not a complaint , its a request for agreement )

and give me a booklet how to refer my complaint to FOS ,.. should I be unhappy with G E's proposal for resolution.. (so looks like we are making waves),...

 

also letter finishes by saying:

if you have any further information that may help me in my investigation , or you need assistance in the meantime , please contact me on the above number , I will be happy to hear from you

yours sincerely

 

YOURS SINCERELY ,.... this was not the case in December when they tried to take our family home , just before xmas,.. after 15 months with no contact ,.. 15 month ago they offered to do the same ,.. then I left it with them to deal with in house ,... 15 month pass (no payments) ,.. then 15 month down the line ;

GIVE US YOUR HOME YOU WILL BE EVICTED IN 3 WEEKS ,...

not falling for this again ,... what are everyones thoughts on this ,... should I just continue with legal proceedings come Monday ,.. to get them to disclose what I requested ,.. ?????????? :)

[michellej]

no thoughts anyone?????????

[michellej]

Bump,.... come on folks ready to attack , any help or advice appreciated ,..

[MandM]

Bumping

[frettful38]

michellej, have you received any legal advice from anywhere about this situation and what your options are?

[michellej]

michellej, have you received any legal advice from anywhere about this situation and what your options are?

 

Hi Frettful ,.. how are you ? fine I hope , well I have not recieved any advice on the above ,.. was hoping for others to pop in and give they 2p worth , but sat twiddling fingers waiting ,.. well going to stop posting up progress as no replies , plus giving lenders spies ammo against me ,.. not so bad when you get advice and thoughts for the risk of posting up ,.. but when not much interest why bother ,..

[MandM]

Hi MJ,

 

I think maybe there is a bit of a fear of giving wrong advice. Whereas, a few months back, 31.16 seemed like a good way of squeezing them for info, now it seems (judging by what is being written on a few other threads and can I find them now? NO lol) that using CPR is being frowned on by courts as a fishing excercise. and the banks seem to have got wise to that too.

 

Hence why you might not be getting anyone wanting to commit to a response.

 

I don't know enough about your case to comment with confidence - but on a personal level these @w$ts seem to have put you through the mincer, so i wouldn't hold back. but that is very much my own opinion so might be more heart than head lol.

 

M

[MandM]

michellej, have you received any legal advice from anywhere about this situation and what your options are?

 

And I think that comment was aimed at proper legal advice like a solicitor, not Cag

 

M

[michellej]

bumping ,.. come on folks . thread is dying , lets club together to attack .// lenders have provided a different broker to who we used ,.. and guess what advised us that if we can not contact the broker , probably because the broker is not in business no more ,... this is a pure lie ,.. will not supply underwriters sheets ,.. and as for secret commissions or any commission for that fact (prove it),.. and you will need to find admin to take this up with brokers ,.. last address for brokers ,.. total wrong address , wrong number ,... we have them worried enough to totally lie and say we used a broker that do not hold an credit license ,.. never have done and do not preform business today , no contact name ,.. and no other details to trace them ,... but we have a great trick up our sleeve , and regardless how many bent companies they operate , can not get out the next problem we will cause them ,.. and it will show we never had any doing with the broker they quote ,.. absolute joke ,.. even original broker who we recently contacted said we cancelled our loan ,.. and the lenders were the same lenders we have now ,.. so why would we cancel with the broker we know we used ,.. to get a loan with a broker company that as never held a credit license ? with same lenders ,.. absolutely stinks ,.. and I am on a mission to prove they are lying ,.. they know they are , I know they are ,.. prove the case and show the judge they are lying ,...