Hot news for anyone who has suffered mortgage arrears charges, irresponsible lending or other unfair lender conduct

[maybelline]

http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml

 

http://www.fsa.gov.uk/pubs/final/redstone.pdf

 

http://www.fsa.gov.uk/pubs/final/db_uk.pdf

http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml

 

 

It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.

 

Furthermore, irresponsible lending practices are also unfair and unlawful.

 

Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.

 

You are entitled to refuse counsellor visits and not incur any charges.

 

Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.

We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.

 

It is clear that some mortgage lenders are trying to cheat you out of your money.

 

You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.

 

However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.

 

Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.

 

If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.

 

You should consult others on these forums when considering any offer.

 

You must not make any complain through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.

You must make your complaint through the County Court for a rapid and effective remedy.

 

but what about mortgages non regulated i.e over 25K ??? I thought that the CCA 2006 was retrospective on unfair terms and treatment of customers regardless of regulated on non regulated, thought I saw a thread also on that?

Edited July 30, 2011 by maybelline
wrong year for regs oops??

[tifo]

so what to do when the FOS decide that ALL charges/fees are fair because essentially:

 

(1) the bank has provided an estimate breakdown

(2) they're in the terms and conditions

 

so no refund is due .....

[intheblack]

maybelline please stay calm - do not accept the answer of the fos - say you want it looked

at again - these things take time so be prepared. Go to CAB - are you eligible for legal aid

you probably are and a good specialist law firm will help. Make a payment proposal for the

arrears 50 pounds on top of your normal insatlment should do it. Good luck

[maybelline]

already asked fos to look again, they still say same, then cant go above them to independent if you just 'disagree with their findngs' its a shambles, folk have NO WHERE to go when they get shafted by the likes of GE, the govt removed the funding for legal help, have you tried the cls, talk to you over the phone, thats it!! how is that any help, i had to correct them, some of the stuff they advised was just wrong, its a mess, lots of people are gonna be losing their homes thanks to the govt, and the banks and financial institutions that are just robbing me of my money, they had their money but want me to pay till i die

 

yeah not calm very angry

[intheblack]

there is a level of unfairness that is becoming totally apparent - it wont be long

before the dam breaks because the banks have really torn it this time

however back to you how far down the repossession track are you.

 

please explain do you only have the one mortgage on the property?

really if you own one property and are not bringing in much money then

legal aid is possible. On what grounds are you denied it.

 

Also put your home up for sale yourself and take control of this situation.

I know that you are in hell right now - but calm down and accept that

you will have to help yourself. Please state arrears amount if it is 2 to 3

thousand you can offer 50 per month. It all depends how long you have

been paying - how long is left. Is it interest or repayment.

 

Get it all out here you have nothing to lose and more heads are better

than one. STAY CALM AND PRAY FOR CLARITY AND TO KEEP YOUR

HEAD. There is a way !!!!

[maybelline]

thanks, so tired of it all now, -

i have tried veryhard to deal with this unlawful pratices and so on but truth is that legal aid is not about the income you have but also if you can demonstrate your strength of case, using a barrister of course, whowants paying of course, cos the folk deciding the strenght of your case is not your solicitor but the jolly old folk at legal aid office, so much for rights, believe it is complex, it is all about the lenders, look at securitisation, secret commissions, the ordianry person has no chance, like i said, thousands put out of their homes to these vultures. i accept your advice.

[intheblack]

sadly banging on about unlawful practices is getting us all

nowhere. The main thing is to deal with your own situation.

If there is a way to communicate privately I am happy to talk

you through a systematic course through this. Your biggest

problem right now is your high anxiety - see the doc if you must

but there are actions you must do nice and steady - IT IS

DO-ABLE

[intheblack]

PS make sure you have a good breakfast and 8 hours

sleep - you need to be fit for this, If you are drained then

nap to catch up on the lost rest through adrenal exhaustion.

See it as happening to someone else it helps to keep

the mind thinking clearly

[intheblack]

MAYBELLINE WALK INTO THE NEAREST SOLICITORS OFFICE AND ASK THEM

TO DO AN N244 FOR YOU. Hawk jewellery to pay them and bring this back from

the brink - you can do it!!

[Desperate Daniella]

Maybelline,

 

You haven't been back to your other thread. Have you got your papers together? You must do your defence for tomorrow or you will get repossessed and probably be given two weeks to move out of your home. Have you done your N244? You can download it from the internet if you haven't already.

 

You can't just go along and moan about them, you must have all your evidence to present to the judge, and your statement must say that this why you have stopped payments, if that is the reason.

 

DD

[maybelline]

sorry, been on the PM side of it:) yes got my paperwork sorted, will update tomorrow.

[iconoclash]

Hi Maybelline - I always thought that a repo action from a lender was answered on a form N11M that is sent for defence purposes - at least that is what I had to deal with when GMAC took us into court - (repo suspended) - we went to court and asked the DJ for an adjournment in order to get our full defence in place and legal aid etc - i certainly didnt pay a fee as it was the lenders action not mine - I note that others have mentioned the N244 - does anyone know the definitive answer please??? Good Luck for tomorrow - it sounds like you have had very little notice and cannot see any reason why you would be forced to defend it all right now - that would go against the CPR and the courts remit etc.

[Ell-enn]

The N11M defence form is used to respond to a claim for possession and is included in the pack sent out from the court advising of the date of the repossession hearing (this is the first stage of repo action)

If you are responding on an N11M you can state your case at section 27 of the form - i.e. give your reasons why possession should not be granted to the lender i.e. your offer to pay arrears in installments, or ask for an adjournement pending receipt of further information vital to your defence.

 

However, if you have already had a repossession hearing and a suspended possession order was granted but you fail to pay in accordance with the order, then the lender may apply for an eviction warrant. In that case an N244 is used to request a hearing in front of a judge to have the eviction stopped.You state your case in section 10 of the form.

 

(N244 is also used to ask for a hearing for other debt related cases i.e. set-aside of CCJ etc)

[maybelline]

thanks:)

[maybelline]

ellen your pm is full i think? can you clear?

[maybelline]

ellen your pm is full i think? can you clear?

sorry my mistake

[maybelline]

who can reopen a contract which is found to be missold?

[maybelline]

thanks, answer is the court can!!

[angnnig]

Hi We are have just sent the LBA off to acenden and now preparing the court papers.On the p.o.c part 6.The defendent,s also levied further interest upon the said unlawful charges of £*****.Do i mention the interest on arrears charges in this bit? regards angnnig