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    • I heard a noise downstairs. I had just got out of the shower. Threw on leggings ran downstairs getting dressed, just managing to put my top on. I walked into the kitchen a man all in black with a protective vest on. He had gold numbers on his shoulder’s socks tucked into his boots. I said "what are you doing in my house? Who are you?" He would not tell me. I said "Get out" he refused. Again, I told him to leave. I asked him who he wanted and what address. He told me the address and I said, "THAT IS NEXT DOOR" He called me a liar and said he would not leave he was 2 inches from my face at this point I was petrified. At this point my son came to visit me and opened the door. He asked this thug who he was. He refused to show any identification, I told my son it was for next door. He asked what name and the thug said a name of a person who lived next door but left approximately 8 years ago. My son took a photograph of the plaque next door and showed him. outside this thug stepped into my sons face and said got a problem? Do you want one.? I told my son to call the police and after taking a photograph of the property he walked back to his white van. I spoke with the police who asked me to give the phone to the thug. as I walked towards his van he sped of very fast and I had to dive out of the way, or he would have ran me over. I am not exaggerating I actually have the whole event on CCTV. The police rang me back and said they would not attend as the thug was a bailiff. Is said not for me he wasn’t he was an intruder. I was really mad at the police and said it was a disgrace and that I was not happy. An hour later 2 police officers came and said it was a bailiff and there was nothing they could do. I said to the police get out of my house now. They immediately started to leave. I said why are you leaving?? they said because you told us to. Hold on, so I can tell police officers to leave and you have to go but a bailiff that came into my home when he was in the wrong property and would not leave then tries to run me down, does not have to leave? So, he has more power than you??? I wrote 3 letters of complaint to the Bailiff company they ignored them. I called and they put the phone down. Does this mean anyone can come into my home and the police will not protect me? I am so scared now. I do not like being home alone and lock the door even if I go outside for a minute, then I am scared because I cannot open the door quick enough. I really do not want to live in a world that is not safe. Should the police have helped me. Are people allowed in my house by their mistake with no consequence? If anyone has any thoughts I would be grateful to read them.   TLF
    • Thank you so much. I hope this communication will help you advise me.   I have owned the garage since Nov 2016.    I instructed my solicitor to communicate with the management company. She raised issues regarding the costs, and requested an explanation as to costs. When they failed to respond and were threatening court action I sent a cheque in 2017. The lady (Emma from the pre-action dispute team at SLC) who I spoke to told me she had recieved the cheque and would provide an explanation. Between 2017-2020 I continued to get bills which I forwarded to my solicitors yet I did not get an expanation. Until 02/06/2020 this year when I recieved the following copied below. The issue I had with the explanation is that it talks about the need for maintenance of the garage and no maintenance has ever taken place.  Since that time the bills have escalated from £534 to £2400! (I have also copied the offer from my solicitors which highlights changes in reserve funds etc. Since this date they have acknowledge a small vat error yet still insist on these extra-ordinary charges and fees.)   Is there any possibility as this is in the small claims that they could escalate the bills still further?   Leter of explanation I recieved in June 2020 Our Client has a broker that gets multiple quotes from different sources and as long as they provide the correct legal liabilities and cover, they will of course go for the cheapest option as long as these requirements are met. They of course need liability insurance not just for their contractors but for the people that live on the scheme also. They also need to ensure that the level of cover is correct in case they need to reinstate the building like new in case of catastrophe.   Again the difference in cost could be due to certain liabilities they have to have for the garage if they were to ever having to use contractors to fix it, the superior Freeholder of the estate may also want certain covers in place which again would explain the difference. They of course will look into our policies on an annual basis to try and keep the costs down.   Our Client’s charges do vary from year to year due to the reactive nature of the maintenance done to the scheme, as the managing agent working on behalf of the superior freeholder, it is their responsibility to keep the scheme in a good state of repair, meaning that they have to proactively fix and maintain any issue found on site, which is paid through the service charge. The amount of work, as I’m sure you can understand varies annually, however more often or not as the building/buildings/estate gets older, more maintenance will need to be done to keep the estate in good quality so the costs of maintaining an estate and insuring it, also increases.   Our Client wishes to assure your Client that it is in their best interests to have the interest of the leaseholders at heart, and they welcome a mutual understanding when it comes to the scheme. They will continue to work towards keeping the scheme at the highest level of repair.   Our Client’s current statement of account is attached. Both our Client’s Administration fees, and our fees have been waived, however the balance of £534.53 needs to be paid in full.   Please could you ensure this sum is settled by your Client, as a matter of urgency.     Reply from my solicitors: Whilst you have provided us with copies of your client’s accounts for this property, you have not provided us with a basis for your costs as requested on several occasions. You mention that the allocation of your client’s costs includes the maintenance of the estate and the garage, yet our client is invoiced separately for the service charge to the property and the estate. Can you please explain this? You have also failed to address our following points in your response and would appreciate your cooperation in providing these: 1. your client’s insurance premiums; 2. in respect of the Accounts preparation fee and Audit fee which has been allocated to our client, we consider that the level of work required to take into account the six itemised factors (as stated above) to be completely disproportionate to the costs allocation. Can you please explain why such costs have been allocated to our client’s garage and detail the level of work required by your accountants. With respect to the reserve fund, we note that this is referred to under the sixth Schedule of the Lease however the determination by your client must be reasonable. In accordance with your arrears schedule on 19th July 2017 we refer you to a letter of around the same date (please refer to separate attachment “First Port Letter Re Reserve Fund (July 2017)”) whereby your client stated “We have reduced the annual collection for schedule 2 from £250 to £90 as we feel with the current reserve fund levels this is a more appropriate level. We have therefore credited your account by £53.33.” As we have mentioned previously, there does not appear to have been any maintenance or management actually carried out in respect of our client’s garage which would warrant a departure from the £90 in reserve fund contribution from July 2017 to present. It seems clear that not only should the historic figures be adjusted to reflect this but also that the accounts for future years should be prepared on a similar ongoing basis. Your client’s costs should therefore be adjusted in respect of each of the years in question and for ease of reference we have set out the calculation below: · July 2017 to June 2018, the reserve fund has been charged at £250.00 when it should have been £90.00. Therefore the reduction in your costs for this year should have been £160.00. · July 2018 to December 2018, the reserve fund has been charged at £125.00 when it should have been £45.00. Therefore the reduction in your costs for this year should have been £80.00. · January 2019 to December 2019, the reserve fund has been charged at £265.00 (a 6% increase), when it should have been £90.00 (plus a 6% increase of £5.40). Therefore the reduction in your costs for this year should have been £169.60. This totals £409.60 however taking into account that your client credited our client £53.33 on 19th July 2017, our client has been overcharged by £356.27. We also note that there is a VAT discrepancy in the sum of £36.00 from the arrears schedule sent with your correspondence on 22nd January and 9th March and the arears schedule sent with your email dated 31st March, yet there hasn’t been any adjustment in costs. We are therefore working from your original arrears schedule, that being £1,179.71, minus the £356.27 that your client is attempting to overcharge our client, thus bringing the amount due to £823.44. In the circumstances, it is unreasonable to expect our client to cover the legal costs in this matter. Your client has not been forthcoming with the information or explanations requested on several occasions. We are of the opinion that had your client been forthcoming your legal costs would not have amounted to £336.50. As a gesture of goodwill, our client is prepared to offer a reasonable contribution towards your client’s costs in the sum of £150.00. In the absence of your client’s insurance premiums, an explanation as to the costs for the Accounts preparation fee and Audit fee, and an explanation as to how the management fee has been calculated without any management of the garage actually taking place, we are mindful that these allocated costs are likely to be inconsistent with what would be deemed reasonable in the circumstances.        
    • Yes exactly, nothing after mediation - previously it was with Northampton Bulk centre
    • Well this is where the confusion sets in.......did they get that order in 2018 ?    Did they file the documents with the court ? If they didn't there is no amended new date on the order that they should comply with the order.   So you have an old Order with a new date...which in respect tells you nothing.   Reading between the lines looks like Portsmouth County Court is in meltdown hence all the errors. You stated you submitted a DQ but it was never processed to the N57 Notice of Allocation...so mediation then nothing.  
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Acenden capstone spml pml lmc sppl


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I have tried to access the site and even though I am using the correct username etc. I still can't get in!! I have asked for a new password and they say it will be sent right away, that was three days ago!

 

It took me 4 telephone calls to get access into the site, which is not very informative (in my opinion). The only good thing about it is that it means not having to speak to those morons again!!!!

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Hi all

 

I spoke with these morons again today to make a payment and as I am in arrears still they tried to make me discuss my re[payments with them the moron who I was speaking to tried to tell me that my next payment was as directed by the court and that it had to be £74 over the mortgage payment. He was not helpful when I explained that there are payments being made by the DWP of £55.00 and the along with my payment took the mortgae payment to over the agreed payment.

 

He then told me that the next payment HAS to be paid by the first of the month (oh he also asked why the payment today was late!!). I explained that the payment will not be paid until the end of next month and that I have to change my payment date to which e then tried to tell me that they cannot change the dates to which I then had to explain that they can do that but he insisted that they cannot do it, I then told him that they will have to do it and that he was lying and that they can do. (this went on for a few minutes after which I demanded the authorisation code for the payment. he then tried to make me wait until the tried to explain something to me to which I demanded that he either give me the authorisation code or i will ring off he then gave me the code and then I rang off. I am soooo angry!

Am I right about the changing of dates? etc.

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Yes you are. They can change the dates, but hate doing it because they cant add on a £115 fee for late payment. Be careful when paying over the phone as they are starting to charge £5 for the work involved in taking a payment. I take card payments every day and they take me a couple of minutes max, certainly not £5 worth of work!!! If you pay online it is free.

In my case it was the judge that ordered my payment date was changed. I am not sure if you can go back to the courts to ask for this, hopefully someone with more knowledge will be able to assist in that.

I would however, write to them asking for them to change your payment date with your reasons for this. Refusal would certainly be seen in a dim light if they try for repo again and also with FOS if you are making a claim for refund of fees. Part of the reason they kept getting me in court was because payment hadnt been before the middle of the month - always on 15th/16th. This helped my case massively!

They are quite simply a company who have no interest in helping you and are well known for repossessions being made due to their massive fees!

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Hi all

 

I spoke with these morons again today to make a payment and as I am in arrears still they tried to make me discuss my re[payments with them the moron who I was speaking to tried to tell me that my next payment was as directed by the court and that it had to be £74 over the mortgage payment. He was not helpful when I explained that there are payments being made by the DWP of £55.00 and the along with my payment took the mortgae payment to over the agreed payment.He then told me that the next payment HAS to be paid by the first of the month (oh he also asked why the payment today was late!!). I explained that the payment will not be paid until the end of next month and that I have to change my payment date to which e then tried to tell me that they cannot change the dates to which I then had to explain that they can do that but he insisted that they cannot do it, I then told him that they will have to do it and that he was lying and that they can do. (this went on for a few minutes after which I demanded the authorisation code for the payment. he then tried to make me wait until the tried to explain something to me to which I demanded that he either give me the authorisation code or i will ring off he then gave me the code and then I rang off. I am soooo angry!

Am I right about the changing of dates? etc.

 

If it's a court order then it has to be paid by the date, supposedly, but you can ask them to change it and I know they can. This won't be a long term offer and you will have to revert back to the 1st but it should give you some time to do that. Please stop calling them and get it in writing even if it's a fax or an email as you won't get anywhere by calling them and they will just wind you up. If you know you are going to late paying then write as soon as you know that and tell them what you will do.

 

I've had my fair share of calls and trying to explain to the barstewards and knowing what I know now I wouldn't have bothered. I'd have just vented it all in writing and put the ball in their court from the start.

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HI

 

Just another thought, has anyone else realised that these jokers have actaully increased their mortgage rate? Mine has gone up by around £30 plus or minus over the last 6 months?

 

If you are on LIBOR then it has gone up a bit. My rate is 3. something above LIBOR so it's still below what the average High St. rate is now on their increasing margins.

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For those wanting to change there payment date, put your request in writing copy the court under the claim number (SPO), copy to the FOS (if you have a complaint with the FOS) also forward a copy to the FSA.

Never hold that conversation over the phone with them and if you do follow it up in writing stating the date and time of the conversation and whom you spoke to.

There new list of charges start April 4th, Still the highest in the industry, having played around with fees

so the FSA Supervisers think they are making changes to comply with TCF, (all window dressing by Acenden).

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Excellent advice tron and thanks for the link sawyer,have left an appropriate comment which has been published,the more bad publicity Acenden get the better so please leave a comment to enlighten potential clients.

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Excellent advice tron and thanks for the link sawyer,have left an appropriate comment which has been published,the more bad publicity Acenden get the better so please leave a comment to enlighten potential clients.

 

The link doesn't have any comments on it so it must have been removed by the scumbags.

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The link doesn't have any comments on it so it must have been removed by the scumbags.

I suppose it was extreme optimism hoping the comment would stay up,but do these people want the truth or can't they handle it?

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hi does anyone know wat i should be replying in responce to acendens statement to the court?

please ive only got a few days left x

Unlawful Charges

 

  1. The claimant had a mortgage agreement with the defendant dated XXXdateXXXX concerning a secured loan of £XXXXXX
  2. The said loan is subject to the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR)
  3. The defendant is statutorily bound by Financial Services Authority regulations – Mortgage: Conduct of Business rules (MCOB) contained in the FSA Handbook, implemented under the Financial Services and Markets Act 2000
  4. The mortgage fell into arrears after the claimant fell into difficulty and was unable to keep up the repayments as required by the mortgage agreement.
  5. The defendant levied mortgage arrears charges against the claimant.
  6. The defendants also levied further interestlink3.gif upon the said unlawful charges
  7. The mortgage arrears charges were levied at a rate which exceeded their administrative costs.
  8. The level of the charges were unfair because they breach the requirement of fairness contained in UTCCR
  9. The level of the charges is also unfair because they are the result of unfair treatment by the defendant and therefore levied in breach of the defendant's statutory duty to treat their customers fairly contained in MCOB
  10. For these reasons the interest charged on the unlawful charges is also unlawful

 

Other Unfair Treatment

 

 

  1. The defendant has also levied charges in respect of counsellor visits.
  2. The said counsellor visits [did not take place as claimed by the defendant or at all]
  3. The fees for the said counsellor visits were levied at a rate which exceeded the actual costs of the visits
  4. By virtue of the above, the defendant has treated the claimant unfairly and in breach of their obligations under MCOB

 

The claimant seeks the return of unlawfully levied charges plus associated interest– £XXXXXX

 

The return of unlawfully levied counsellor visit fees – £XXXXXX

As previously posted use this filling in your details your loan being a first charge is regulated by the FSA so you could quote this also.

mcob Rules 12 and 13,will come back to this and how it applies over the weekend when more time.

Edited by peterjm
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Stef

to get an understanding of this and the fact that your loan is regulated by the FSA mcob rules it would be worthwhile looking at the spml thread and these posts here:http://www.consumeractiongroup.co.uk/forum/showthread.php?170607-Spml-london-Mortgage-Company/page354

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Stef the judge is obviously aware that unfair fees have been added to your account thats why he has asked them to say where in the contract they can do this,as this is contrary to FSA directives it would appear that this is an unfair contractual term and is thus not binding.

So you could argue this fact using the template.

---

hi all just had a witness statement from the solicitors and i have 7 days to reply

it says that i signed the mortgage and in the terms and conditionslink3.gif i agreed for the fees to be added during the administration of the mortgage quoting

clause 25.1 of my mortgage terms

clause 25.1

you must pay on a full and unqualified indemnity basis all fees,expenses,taxes and legal and other costs incurred if the lender

a use preparation ,completion,administratio n,protection and enforcement

b the exercise by the lender of its rights and powers under this mortgage

so in accordance with the above terms the claimant is entitled to add costs of doing so to the account .

 

 

i dont know wat im supposed to reply

looks like i signed giving them the right to do this :sad:

--

Stef the above is so everything is put in one place for easy reference when does this have to be in by?

 

So start off as follows.

I have a first charge loan with xxxx it is regulated by the FSA and is subject to their jurisdiction and the applicable MCOB Rules.It has been stated by xxxx that they are entitled to add charges to the arrears because of contractual agreement,This is contrary to FSA directives and Rules and would amount to an unfair contract term.

 

Then tailor this to your needs and include what crapstone has said here "Yes, it seems that way as they are not allowed to apply the fees to the arrears, They have to go onto the balance of the mortgage. The arrears should be only the payments you have missed. They are asking for an explaination as to why this hasn't been done and, that they show the terms of and conditions as well, with any reference to where it says they can do that (which it won't)."

 

In other words it is contrary to FSA directives that arrears management fees which in themselves are unfairly high have been added to the true arrears figure causing gross distortion of the true arrears when they should have been added to the balance of the mortgage.

Also add that these charges are subject to a complaint to the fos being currently undertaken.

You could also add the recent fos decisions re gmac dbank etc

 

Unlawful Charges

 

  1. The claimant had a mortgage agreement with the defendant dated XXXdateXXXX concerning a secured loan of £XXXXXX
  2. The said loan is subject to the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR)
  3. The defendant is statutorily bound by Financial Services Authority regulations – Mortgage: Conduct of Business rules (MCOB) contained in the FSA Handbook, implemented under the Financial Services and Markets Act 2000
  4. The mortgage fell into arrears after the claimant fell into difficulty and was unable to keep up the repayments as required by the mortgage agreement.
  5. The defendant levied mortgage arrears charges against the claimant.
  6. The defendants also levied further interestlink3.gif upon the said unlawful charges
  7. The mortgage arrears charges were levied at a rate which exceeded their administrative costs.
  8. The level of the charges were unfair because they breach the requirement of fairness contained in UTCCR
  9. The level of the charges is also unfair because they are the result of unfair treatment by the defendant and therefore levied in breach of the defendant's statutory duty to treat their customers fairly contained in MCOB
  10. For these reasons the interest charged on the unlawful charges is also unlawful

 

Other Unfair Treatment

 

 

  1. The defendant has also levied charges in respect of counsellor visits.
  2. The said counsellor visits [did not take place as claimed by the defendant or at all]
  3. The fees for the said counsellor visits were levied at a rate which exceeded the actual costs of the visits
  4. By virtue of the above, the defendant has treated the claimant unfairly and in breach of their obligations under MCOB

 

The claimant seeks the return of unlawfully levied charges plus associated interest– £XXXXXX

 

The return of unlawfully levied counsellor visit fees – £XXXXXX

Edited by peterjm
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Just thought I would update you with my claim with FOS for unfair charges against our favourite cowboys!!!!! Had a letter from our adjudicator today saying

 

"I have recently written to the business with my findings in regard to your complaint. I am waiting to hear back from the business. Once I do I will be in touch again."

 

Any ideas on whether that sounds positive, if he rejected it would he have just said that?

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Hello Sue

 

As I understand it the FOS write to the losing party first, so this could be good news.... However, the losing party be it a consumer or a bank always has referal rights to an Ombudsman if they don't agree or accept the adjudicators conclusions..

 

Hopefully the adjudicator has asked for a full rather than a partial refund... I will keep my fingers crossed for you...

 

Good Luck

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Thank you Suetonius, I do hope you are right! As I have probably said before the complaint for me is a matter of principle not financial gain (though that would be nice :)) I will let you know the outcome!

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Just thought I would update you with my claim with FOS for unfair charges against our favourite cowboys!!!!! Had a letter from our adjudicator today saying

 

"I have recently written to the business with my findings in regard to your complaint. I am waiting to hear back from the business. Once I do I will be in touch again."

 

Any ideas on whether that sounds positive, if he rejected it would he have just said that?

 

When you hear back from the FOS regards their reply ask the adjudicator to see a copy. I guess it will be full of their usual fob off. You can then get back to the adjudicator with a true story backed with your evidence.

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Hi Sawyer, do you know how long they get to respond. My letter was dated 1st April so assume from the wording that the letter was sent to the before this date. I am chomping at the bit to know his decision and to hear their response (should be amusing if nothing else after all they are all complete muppets!!!). I am anticipating that this is not the end of it, if he has sided with them, I will appeal and the amount of charges added to our account plus interest is well over £3000 so cant see them wanting to part with that either!!! Do we then wait months for an Ombudsman's decision or could a case be taken to court?

Any help appreciated xxx

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Good Morning Slgsue

 

I spoke to a friend this morning who used to work there and she said.

 

They usually give a two week deadline to respond. If no response is received they write again giving a further two weeks.

 

If after that extension the FOS still don't receive a response they write one final time stating that they will allow a futher two weeks and if no response the complaint will be passed to an Ombudsman for a final decision

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The writing is on the wall for these firms, if anybody needs assistance I have a network of people who are well versed in mortgages and secured lending. My concern is that individuals are being picked off because they may panic, thankfully many have found that there is hope with CAG but there are so many in trouble that they might be better off pooling their cases in a 'class action', this involves a legal firm. Unfortunately most of us don't have much faith in lawyers, but there are one or two who know what they are doing. One has a computer software package that can work out your case right back to 2001 to see whether you have a claim against the lender, more news came last week which should help those who have either been mis-sold a mortgage or loan, or been the victims of fraud and find themselves unable to purchase a new home because of their shattered credit file, I have been told there is a lender willing to accept a file signed off by a lawyer who confirms that the victim has a sound case against his mortgage company for mis selling. I don't have the full details yet but it sounds promising, anything does in these circumstances.

 

There are hundreds of thousands of people who were sold unsuitable mortgages and secured loans, the regulators seem to be sitting on their thumbs.

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Hello Saverjustice,

 

One has a computer software package that can work out your case right back to 2001 to see whether you have a claim against the lender,

 

What type of claim is the computer software package able to determine ?

 

I have been told there is a lender willing to accept a file signed off by a lawyer who confirms that the victim has a sound case against his mortgage company for mis selling. I don't have the full details yet but it sounds promising, anything does in these circumstances.

 

Is this a high street or a "specialist lender" ?

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