Advice needed please

[yorky35]

Hi,

I handed back the keys to my house around 14months ago due to circumstances, and have ended up with a shortfall dept of £73,000 to Mortgage express who are now chasing me for the dept.

I sent them a letter asking for details of the account etc and sent £1.00.

This is what they sent me.

1. Copy of the mortgage application form

2. Copy of mortgage offer

3. Copy of certificate of title

4. Copy of request for voluntary possession

5. 1 Copy of a valuation form by it says countrywide - Bradford and Bingley (do they own Mortgage express???)

6. Calculation of final balance following sale of house

Should they not have given me a complete breakdown of the account? i.e. all the payments I made etc?

I then sent them a letter back saying I do not acknowledge the dept as they sold the house too cheap in my opinion.

It all went quite then till a week ago, now I have CapQuest sending me letters saying they are acting on behalf of Mortgage express to chase the dept, they are asking me to fill in an income and expenditure asking for bank details etc, I wrote back to them saying again I do not acknowledge the dept and I want to see proper evidence where they have come to this amount, they are now ringing every day at home and on my mobile.

And also say they didnt receive the letter I sent to them.

Can anyone please tell me the best way to deal with this, as it starts to get you down after a while

 

Thank you,

Yorky.

[yorky35]

Hi Again Everyone,

Has nobody got any advise on how to deal with this?

Having looked at many posts I am thinking that I need to send a SARN to them, but who do I send it to? ME or CQ?

Or do you need to send it to both?

Any help would be greatly appreciated.

 

Thank you,

Yorky.

[pammy54]

Hi everyone - I am totally new on here but so desperate to receive some totally impartial advice.

I am in arrears with GE MOney (£7k) on mortgage and got in a right mess with various debts, including payday loans (3 in total). I have made decision to go bankrupt but to rent another property will need to keep rent/.deposit as well as bankruptcy fees. I honestly believe I have more than paid my payday loans in interest monthly, etc. How can I avoid them taking the full amounts due on my next pay day at end Feb. Can I change my debit card so they cant access full funds and ring them to suggest a smaller repayment plan. Also, worried they will harrass me at work. I have to put myself first in this and ensure I have somewhere to live when I lose my house. All this stress is so worrying and am not sleeping or eating now. I am trying to hold my job down but worried if phone calls start coming to work that I will be so embarrassed that I will leave. How can I "nicely but firmly" tell Wonga, Payday Express and Cashchoice that I cannot pay them full amount but will make reduced payments. I am hoping that when i go bankrupt that they will come under the creditors list.

Many thanks - I hate all of this - never been in this position ever. So so stressful

#x

[ZillaK]

@ Yorky - sorry to hear of your troubles.. a SAR to Capquest is a fine approach (I'm sure you've seen various templates on the site).. also, you can ask them to remove the telephone number from their files and to make all communication in writing only (look for templates to do with the telecommunications act/data protection act etc).. additionally, tell them that they are required to cease and desist collection activities whilst the debt is reasonably disputed.. for example, you need statements of all financial transactions since account inception because you believe that there may be miscalculations of interest and charges etc.. anyway, sounds like you're getting the idea by reading around..

 

Zil..

 

ps @ Pammy - best to start your own thread.. but really, you shouldn't be paying any of the non-secured debts & focus on priorities such as mortgage, council tax, food, gas/leccy etc etc.. and by all means - do what you need to in order to prevent them whipping money out of your account.. protect your interests, not theirs.. write to them, don't phone & you can send letters telling them that you can only afford to pay £1 for example (there's plenty of templates around the site..

 

.but above all - have you managed to get some professional advice on your situation - tried Shelter for example?

[yorky35]

ZillaK,

Thank you for the information, I will send a SAR tomorrow and also a letter regarding the phone calls etc, and see what they come back with.

 

Thank You,

Yorky.

[chillinlong]

Hi Yorky,

 

Did your property go into recievership at some point and then they sold it? Or did Mortgage express repossess it and then sell it?

 

I have a thread about Mortgage Express at the moment as they are trying numerous tactics that are wrong.

 

They sent me the same stuff with the SAR also, only sent me mortgage papers etc but nothing about the decisionts they made on them including their conversations etc with the LPA recievers.

[yorky35]

Hi Chillinlong,

I had to hand the keys back to ME, they then sold the house for in my mind a lower price than it was worth and ended up with a slight shortfall of £73,000 !!! the stuff I got back was from when I sent a CCA to ME and it was photo copied stuff I got back with very little information, I have sent off a SAR letter to CapQuest today (They are chasing dept for ME) to see what they come back with (very little I expect) I will wait and see what they send back and then take it from there.

 

Thanx,

Yorky.

[yorky35]

Hi everyone,

Just an update, nothing back as yet!! but as a bonus at least the phone calls have stopped

Also, what would the next step be if I get back my SAR information I have requested and a lot of the information is not there? where do I go from there?

 

Thanx,

Yorky.

[chillinlong]

Yorky, the reason why I asked you the questions is so I can help you in a better direction.

[yorky35]

Chillinlong,

I didnt realise that, and it is very much appreciated, I will let you know when I get anything back and see what you think.

 

Thanx,

Yorky.

[ZillaK]

Also, what would the next step be if I get back my SAR information I have requested and a lot of the information is not there? where do I go from there?

 

..see what comes back first.. it's really worth trying to figure out if CapQuest have bought the debt though.. whenever I've had to deal with them for my own accounts it's been a case of purchased debts even though they've said otherwise.. but bear in mind that it's a large sum and they're going to try and get their side well in order..

[yorky35]

ZillaK,

The letters I have from CQ say they are working on behalf of ME but who knows? as you say I will wait and see what comes back.

I wonder if ME would tell me if they have sold the dept?

 

Thanx,

Yorky.

[yorky35]

Hi everyone,

Got a letter back yesterday from CQ saying that the account is now on hold, and an investigation into your complaint will be carried out in line with our in-house procedure, as soon as we have the results of our findings a quality assurance officer will be in contact with you.

Think this one is regarding the telephone harrasment letter

Still waiting for SAR data to arrive.

Thanx,

Yorky.

[yorky35]

Hi Everyone,

Well still nothing back as yet, I sent the SAR on the 15/02/10 by recorded delivery which given a day to get there is 36 days ago, how long do they have to get this information back to me, is it 40 days? and what happens if they dont reply with the information within 40 days?

 

Thanks,

Yorky.

[yorky35]

Hi everybody,

OK here we go again!! had a letter back from Bradford and Bingley (mortgage express) saying the information I requested for my SAR is ready to be sent out but I have to sign a copy of my SAR with my signature and also state on the SAR the address of the property that the SAR relates to (as if they dont already know this!!!) I have not done this yet.

My SAR was sent on the 15/02/2010 which is now 68 days ago and still nothing back, today I recieved a letter from CapQuest saying I have still not contacted them and they may now pass this dept onto another company and send a door step collection agency to my door, which I realy do not want.

Can someone PLEASE help me and let me what I do next.

 

Thank you,

Yorky.

[t123b]

There is a template and advice on here on the forum to deal with home visits http://bit.ly/1GkS0

They have no right to come to your house unless you have made an appointment.

[yorky35]

Thank you t123b I will print one off and have it ready.

Also to me it just seem strange they want me to sign a copy of the SAR with my own signature I am wondering if they dont have a signed copy of the origional ???? and are trying to get it this way??????

 

Thank you,

Yorky.

[t123b]

Again I've in another thread there is tool for putting a signature on a letter so that it can't be copied on to CCA or anything else that may not have your signature on originally.

Think is is this http://www.consumeractiongroup.co.uk/digitalsignature.php

[yorky35]

Hi Again,

Still no information back from my SAR request, so I sent this below, which I now think was wrong as they said that they are no regulated by the Consumer credit act.

 

 

Formal Complaint

Letter Before Action

 

Dear Sir/Madam,

 

I do not acknowledge any debt to your company.

 

With reference to my previous letters, I wish to draw your attention to your company's lack of compliance with my legal request.

 

On 15/02/2010 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with request, and as such the account entered default on 31/03/10.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

I am of the opinion that the document you sent does not meet further prescribed terms as set out in the Act, eg:

 

Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557

 

2 Legibility of notices and copy documents and wording of prescribed Forms

 

 

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily

distinguishable from the .

 

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed

agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act

without any alteration or addition, except that--

(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed

by these Regulations; and

(b) every Form shall be completed in accordance with any footnote.

 

Further more I am also of the opinion that the copy of the agreement does not comply with the conditions set out by the Consumer Credit Act 1974 s.61.(1) which states that an agreement must contain certain prescribed terms, the Consumer Credit Act

( Agreements) Regulations 1983 s.6 sets out how these terms should be contained within one single document and if not, is not enforceable by the court Consumer credit Act 1974 s.127(3) , recent case law Wilson V Hurstanger Neutral Citation Number: [2007] EWCA Civ 299.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

They have now sent a letter back stating they have not received any correspondence from me about the above only a SAR which is been delt with by there legal team??? and have now handed over the dept to TDX who have no doubt been in touch with me (No only Cap Quest) I dont even know who TDX are??? they are now saying this is the final letter and any complaints I have I must contact the Finacial Ombudsman But all I want is my SAR information which they have not sent and its been over 50 days?

I am totally lost as to what to do next? any ideas?

Thank you,

Yorky