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    • Thanks for ipening SO,  nothing from may as you saw befor eI received a debt collection letter from a 3rd party.   As they got no response ON CHRISTMAS EVE I received  a new 'CLAIM FOR DEBT' containing a handy 'previous case notes' from a court appeal that went wrong. They include an affordability schedule, they have upped it to £182   They are sending the letter in accordance with Pre-action Protcol for Det Claims (PAP) caontianed int he Civili Procedure Rules (CPR) You have 30 days to complete the ecnlosed or possibly face court acton.   'If you ignore this letter and fail to responde proceedings will be issued against you and may increase you liability for costs"   I can then tick a box saying A,B,C,D  etc.  I owe the debt, I owe some of the debt, I dispute the debt, I dont know i owe the debt,, I will pay buy need time, Im getting debt advice, I h ave provided docs,  i need more docs or info, sign and send back.   Cheers!    
    • Hi. this is a long one, please forgive me.   I had extensive works on my home in Oct 2018 which included a loft dormer.  pursued builder for some snagging issues but nothing major (windows sticking, grouting racks and plaster cracks etc.) to no avail, builder gave me lots of excuses, illness, family issues which I was sympathetic to.  All of which came to heads in Oct 2019 when the dormer roof began to leak very suddenly and severely.  He came back to 'rectify' it a few weeks later and either ignored a lot of the other things or did them very poorly. the roof began to leak again May 2020  with damp patched appearing and then building up to an active drip in October 2020.  I tried contacting the builder which was ignored and instead I contacted my insurance/CAB and tried to gather evidence and quotes to rectify which was difficult given the pandemic.  My insurance has since said they wont help under my legal cover (this is with the FOS) and so I'm trying to resolve this by myself.  I contacted the builder with all the evidence in November 2020, he said he would put a claim into his insurance.  I asked for the details, timescale to be expected and asked him to arrange a temporary roof to mitigate his losses as well as reduce further damage to my home, he ignored these requests and  seems to have blocked my calls, only contacting me by text to say 'no news from inrsurers, they will contact you in due course.'   He is not a limited company, that apparently matters.  I have since sent him this letter, it is a huge amount of money, I've asked for full refund of the works, but in actual fact I'm aware that if he engages, he will likely barter with me to get me down, I know that and only hope that if we can agree on something, it is the cost of rectification as well as temporary accomodation whilst the roof is being replaced.    Do you think I can do this on my own?   Dear ___________, I have discovered the following problems with the work you have done for me:  ·         The roof of the dormer/loft room is leaking again, despite your attempt to fix this in October 2019, causing water to trickle into the ensuite shower room as well as the bedroom through the ceiling light, window and door fixtures.  Following heavy rain, the leaks are bad enough to fill buckets and there is water running down walls around the windows and also soaking into the wooden structure causing water marks in various areas of the loft room, loft landing and downstairs rooms. ·         The water ingress has affected the electrics in the house and has caused them to trip several times.  There are several double sockets in the bedroom which cannot be used due to watermarks around them, meaning there are more extension plugs being used which is not only inconvenient but higher risk. ·         The tiling in the bathroom was an inadequate job: the floor is uneven and the tiles have become loose there, again, despite your attempt to rectify in October 2019.  The tiles behind the shower are bulging, indicating there is water behind them.  The grouting has gaps and hairline cracks all over it which you were supposed to fix in October 2019 but did not. ·         The resealing of the shower in October 2019 was a very messy and uneven job, you did not even match the colour silicone, nor did you use an anti-mould silicone.  The shower continues to leak. ·         The shower does not drain properly, you ‘wet vacuumed’ this in October 2019 and this did not make a difference.  There is not a big enough fall on the drainage system, something I asked you about at the time of installation and which you dismissed. ·         The joints on the plasterboard under the plaster are showing, as is the edging to the window frames, which means the plaster is bubbling and bulging indicating water ingress. ·         The windows in both the ensuite and the bedroom stick and do not open or close properly, nor do the locks work.  You used WD40 or similar in October 2019 to try to rectify this, but it is still an issue.  The windows have not been installed correctly.  ·         There is a crack from the window frame in the bedroom to the floor where the window has been poorly installed. ·         During the original work you completed in 2018, your workers fell through the bedroom below ceiling 3 times and failed to waterproof the house adequately when there was no roof during the building works.   This resulted in a great deal of water ingress in the bedroom below causing the existing plaster to delaminate and blow on the walls.  I have since had to have this whole room re-plastered at a cost of much more than the £300 you permitted me to retain.  ·         The back porch which was leaking:  you undertook and charged me to seal this off and make the room watertight.  The waterproof sealant you used washed off and you recoated in October 2019.  This is leaking again.  The board you used to overboard the old back door is not sealed correctly and is letting in water, causing the boards to swell.  I have tried to resolve this myself but have been unable to and therefore need this to be done by a professional. ·         The back double patio doors have not been sealed correctly at the sides, this lets water in to the plaster about 2 foot off the ground when the weather is stormy. ·         The patio doors do not seal at the bottom and again, let water in at the bottom of the doors.  They also allow a draft in and hot air out which make the house less energy efficient. The patio doors do not close or lock properly, especially in summer. Despite you attempting to rectify this in October 2019, this has not resolved the issues with the doors.  They are not level, do not close properly and are not water or airtight. I have given you several opportunities to rectify these issues and you either did not attempt to or the attempts you made failed to resolve them.  As I have given you opportunities to rectify this work already, I do not wish for you to attempt again The Consumer Rights Act 2015 says that reasonable care and skill must be used while working.  In my opinion, you did not use reasonable care and skill when you carried out the work on my home and you have broken your contract with me.   I am therefore seeking a full refund on the works you carried out on my home in 2018. I ask that you pay me the sum of £46,000 so that I can have your mistakes rectified. You have informed me that you have submitted a claim to your insurance company, from whom I have not heard.  I have tried to contact you for more information about this and the timescales involved and have given you ample time to contact and address my concerns as well as to try to agree on a temporary resolution which might have mitigated your losses.   However, you have either ignored my communications completely or have responded by saying that there has been no news from your insurers.  At no time have you provided me with more detailed answers to my queries. The liability for work carried out lies with you and not your insurer and I feel I have been very understanding and patient on these matters over the last two years.   However, it is over 2 years on from the original works and I wish to have the habitable space I paid you for. You admitted your error whilst on a telephone call with me on 26/11/20 citing that you used the wrong type tape for the roof and you have never disputed error on the other matters, therefore I hope this situation can be resolved with ease and rapidity that will prevent further damage to my home. Please contact me as soon as possible, and no later than 10 days from the date on this letter, i.e. no later than 26th January 2021, to agree a date by which I can expect the requested payment. If I do not hear back from you in the time suggested above, I will be instructing my solicitor to pursue this claim.  Should you be a member of a dispute resolution scheme, I am willing to consider this as a means of mediation.   yours sincerely,    ___________________     Any advice on what to do should he ignore this letter or refuse to engage is very much welcome, I cant afford to mess this up again (the first mess up being choosing this individual for the works in the first place). 
    • As pointed out your issue is with Sweatband and the warranty is irrelevant but I am fascinated by exactly what this added term says.  Is it only the garage which is a problem or any outbuilding?  If you put up a shed and call it a garden room or home gym is that ok?  If your garage has been converted into a home gym is it still a garage?  Just pointing out how utterly ridiculous such a term is.  Definitely use social media to point this out to as many as possible.
    • Thank you very much indeed for this update. It certainly is a very surprising result – but very welcome. You're quite right, that P2G should get credit for this very customer-facing gesture.  
  • Our picks

    • 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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The breakdown covers a particular charge amount, e.g. £20 or £35 and all charges of this amount come within this breakdown. The bank has not had to justify EVERY instance of charging and the FOS has not asked them to do this. They say the bank has provided breakdowns for all charge tariff's but will not send me this info. So I am assuming the bank has given a breakdown for £15 and £20 and £25 and £30 and £35 and £40. Maybe at court I can ask for this and argue that they need to provide a breakdown of every charging instance.

 

Also to note is that the bank has provided an ESTIMATE of the costs and not an actual breakdown and the FOS say this is enough to justify the charges.

 

The FOS hasn't said why the mortgage is covered under MCOB rules or is regulated but that it is and the bank hasn't, as far as I am aware, disputed this.

 

Then there's litigation referral fees and account monitoring fees the bank AND the solicitor have been applying almost every month. The FOS say these are OK as the bank and solicitor would need to monitor the account whilst in arrears.

 

The bank has made me pay arrears as part of repossession hearings but now say all such charges were capitalised but I don't have any evidence of this. All I was ever told was that legal fees are being capitalised, usually 6 months after arrears were cleared.

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The breakdown covers a particular charge amount, e.g. £20 or £35 and all charges of this amount come within this breakdown. The bank has not had to justify EVERY instance of charging and the FOS has not asked them to do this. They say the bank has provided breakdowns for all charge tariff's but will not send me this info. So I am assuming the bank has given a breakdown for £15 and £20 and £25 and £30 and £35 and £40. Maybe at court I can ask for this and argue that they need to provide a breakdown of every charging instance.

 

Also to note is that the bank has provided an ESTIMATE of the costs and not an actual breakdown and the FOS say this is enough to justify the charges.

 

The FOS hasn't said why the mortgage is covered under MCOB rules or is regulated but that it is and the bank hasn't, as far as I am aware, disputed this.

 

Then there's litigation referral fees and account monitoring fees the bank AND the solicitor have been applying almost every month. The FOS say these are OK as the bank and solicitor would need to monitor the account whilst in arrears.

 

The bank has made me pay arrears as part of repossession hearings but now say all such charges were capitalised but I don't have any evidence of this. All I was ever told was that legal fees are being capitalised, usually 6 months after arrears were cleared.

 

SAR the FOS. Why should they withold this information from you of the breakdown of the charges. I'm sure the FOS make up their own rules at times.

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They won't send me the breakdown ESTIMATE because it's confidential they say. I don't know how it can be confidential when all it is an ESTIMATE equal to their published rate. So a SAR may be a waste of money but it may get me other useful information as I can include those other complaints which were irrationally judged. I have about 5 of these relating to credit card accounts.

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The info above about each charge being relevant to that particular breach only (instance of charge) is useful as I've been told otherwise from the FOS, so I will now ask them to get a breakdown for each charge as they are judging it wrong otherwise. Are there are FSA/OFT rules I can use for this?

 

Also, the FOS has provided terms and conditions from 1995 and 2001 only and none when these were later varied, as they can't be lasting 10 years to date. Can I say that since I wasn't aware of the relevant condition at the time of the charge, because the bank did not inform me though it may have been the same wording, it is unfair and unenforceable?

 

They've sent me tariff info from 1999, 2002 and 2010. My charges are between 2003 and 2009. They haven't charged me any for 2010 even though I am in arrears.

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tifo

To my knowledge, that argument will only really stand up in court where you can show that they are penalty charges. The FOS should not really be saying they are fair on the basis of the 'estimates' given to them which they in turn refuse to disclose to you.

 

The good news is, if it went to court, they would have to disclose not only the estimates, but the real costs in each instance to show they weren't penalties.

 

The bad news is, it appears lenders are now having a degree of success in using the OFT vs Abbey Supreme Court ruling as a weapon to shoot down all charges reclaims connected to financial accounts, not just bank accounts! :shock: It was originally understood that the SC ruling was a narrow one applicable only to current accounts from banks - but one or two highly paid barristers later - and some County Court judges are starting to agree with them.:!: :!:

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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But yes, SAR the FOS to see what they will disclose. Might even be worth doing a Freedom of Information request too. You may not get exactly all of what you want, but could end up with other v.useful info plus it might just shake them up a bit.

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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tifo

To my knowledge, that argument will only really stand up in court where you can show that they are penalty charges. The FOS should not really be saying they are fair on the basis of the 'estimates' given to them which they in turn refuse to disclose to you.

 

The good news is, if it went to court, they would have to disclose not only the estimates, but the real costs in each instance to show they weren't penalties.

 

The bad news is, it appears lenders are now having a degree of success in using the OFT vs Abbey Supreme Court ruling as a weapon to shoot down all charges reclaims connected to financial accounts, not just bank accounts! :shock: It was originally understood that the SC ruling was a narrow one applicable only to current accounts from banks - but one or two highly paid barristers later - and some County Court judges are starting to agree with them.:!: :!:

 

The FOS is not really looking into the matter properly but this is the route they're on and seems no turns. Initially they said they don't investigate mortgage arrears charges but then changed their mind. But i'll push them to ask for a breakdown of every charge, as it should be reflective of costs for that instance only, but I don't think they'll listen.

 

If the matter ends in court, maybe because the bank initiate repossession proceedings or I issue for the charges, then I can argue the points. But it may be the case that the court might not look into those charges already part of a balance when repossession proceedings were issued previously, as they may deem a judge has declared the balance enforceable even though the balance included arrears charges but these were not disputed by me, due to lack of knowledge but also because the bank has always insisted, in their terms and conditions, they are reflective of costs so I was misled.

 

The FOS also tried to use the SC ruling but not anymore. However, the argument here would be that only personal current account terms and conditions were assessed and not mortgage conditions and that the SC did say a challenge could be bought by the consumer under Reg 5(1). It is also clear arrears charges are incidental to a breach and not a request for an informal overdraft.

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The FOS also tried to use the SC ruling but not anymore.

How nice of them to interpret and apply the ruling more fairly. :roll:

 

However, the argument here would be that only personal current account terms and conditions were assessed and not mortgage conditions and that the SC did say a challenge could be bought by the consumer under Reg 5(1). It is also clear arrears charges are incidental to a breach and not a request for an informal overdraft.

Agreed Tifo, and this is how I see it.

 

The challenge is getting this message out with the very sound arguments needed to defend it and refute the points being raised against it by the other side. The impact of this should not be underestimated as lenders are using this very SC ruling to knock down default charges claims with some success. Something that's very concerning to many Caggers.

 

The very fact that the FOS initially sided with the lenders that the SC ruling could be applied to non personal current accounts shows it's very easy to misread and misapply. You say they're no longer doing this. Presumably that was communicated to you in some way. Have they issued any sort of formal statement making the distinction obvious? This would help many people to knock this back to the lenders who're trying to use the ruling to shoot down claims for charges.

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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The very fact that the FOS initially sided with the lenders that the SC ruling could be applied to non personal current accounts shows it's very easy to misread and misapply. You say they're no longer doing this. Presumably that was communicated to you in some way. Have they issued any sort of formal statement making the distinction obvious? This would help many people to knock this back to the lenders who're trying to use the ruling to shoot down claims for charges.

 

I'm not home this weekend but i'll check the response but I think the letter said they'll ask for a breakdown as per MCOB 12.4.1R whilst previously they'd said the SC ruling arrears charges could not be challenged. This was used together with them saying they don't investigate these charges, they consider them fair as it's a market rate and that I agreed to the conditions (this they still say).

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was doing a schedule of my fees when I noticed something ....

 

There are two transactions in 2005 under "capital transfer to new lender" and "capital transfer ex old lender", a credit and a debit which returns the balance to where it was a few days before, plus interest of around £50 because of "delay" between the two. The whole mortgage amount is credited and debited apart from any arrears balance (interest from the previous month or so).

 

A "capital transfer" is done again around 5 years later in 2010. Obviously this is securitising and the 5 year period would suggest bond maturity. The first is 6 years after I got my mortgage and I always thought they'd 'sold' it before that. The questions to ask are: who was it transferred to and from on both occasions? My mortgage conditions state I can enforce the transferee's obligations if they fail in their duties but I don't know who the transferee is whilst they can enforce my obligations towards them, such as charging me fees and issuing court proceedings against me. Doesn't this create an imbalance within the contract?

 

The bank has also applied "litigation instruction" and "solicitors costs (other than fees from solicitors)" in the same months, sometimes adding around £300 a month. The fees are also different and erratic, though there is a pattern to some. It's very hard to work out why and how they apply these fees thus the condition doesn't meet the 'plain english' criteria.

 

The other fees are "unpaid item" and "arrears fee" and again sometimes one or both are charged.

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  • 3 weeks later...

We must keep this thread going, the more people it reaches in the google rankings the more people it can help,to let it die will give the pariahs a huge victory so please keep making contributions thats the only way we can cause them damage and the more contributions the more prominent the site and the more people become aware of what is available.

This thread with the spml thread has now been going 3 years and many personal victories have been won.

The knowledge is here most things have been debated through so please continue to make contributions,the object is to help as many as possible to stay in their homes..

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I have recently found out that my parents (just retired) have a £86,000 mortgage with Acenden, with a monthly repayment figure that equates to 2/3 of their monthly pension income. They have paid a mortgage for 25 years and watched it go up, rather than go down. Although they have not received a repossession letter as yet, i don't think one is far away.

 

I really don't know what to do, so any help advice would be appreceited.

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Hi Baxterboo - do you know what their arrears are? Is this a capital and interest mortgage or interest only ?

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Ell-enn, having read all your support previously to steph, i was hoping you might pick this up soon. My parent's arrears are £4000 ish, but i am unsure if this is just interest. I believe the whole outstanding balance is around the £86,000 mark. If you are available, i would like to post a couple of questions?

 

Baxterboo

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OK, I'm at work at the moment, but will be looking in regularly so if you want to post questions I'll respond as soon as I can.

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Nothing to stop you buying the house - or paying off the mortgage and then your parents transfer the deeds into your name, but it would be your parents who would go after the charges. Obviously you would need to get advice from a solicitor as to the best procedure.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Sorry i had to be rather hurried earlier, but i needed to attend an appointment with my father. A little bit more detail regarding my parents situation:

 

Mortgage outstanding £86,000

 

value of house £105,000 ish

 

Other debt £40,000

 

Mortgage monthly repayment £900 per month.

 

As i previously mentioned, they have both recently retired with a pension income of £1300 per month. They cannot afford the monthly repayments on the mortgage, let alone their other debts. We have been to Citizens Advice Bureau (CAB) and although at a stretch, i could possibly purchase the house, there is very little equity in the house against the risk that i would undertake if i purchased. CAB have said that an option to release my parents from all debt would be to go bankrupt and having read other website, it would appear that would be the best course of action.

 

With that course of action, it is accepted they would lose their house and they would need to rent - which could be achieved if they relocate to where i live with my family. I think the only issue at the moment holding me back from that course of action is the thought that Acenden will get all of their money; hence my question on retrospective pursuit of the unfair/illegal charges against their mortgage.

 

I was wondering if you knew whether we could go through the SAR process during bankruptcy, or even after bankruptcy to get them to cough up their ill gotten gains, as i would take personal satisfaction nailing them on behalf of my parents for every penny possible?

 

Baxterboo

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If your parents are going to rent, why not rent from you? that way you would get an income from the property and they could stay in their home. They could then go bankrupt for the remaining debts.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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I have been advised that the receivers would look at the sale of the house as under valued and therefore, they would suspect it was underhand and my parents were hiding their assets.

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Also if your parents are in receipt of any government benefits they would lose them as it is not permitted to rent from a relative and receive any housing benefit or any other means tested benefit.

G

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The question begs to be asked and its a big one,one of the regulatory rules think its mcob 4 specifically deals with affordability and lending into retirement when granting loans,this factor was obviously not considered at all by the broker or the lender(represented by Acenden) there is some question of an unenforceable agreement here and such was proclaimed by the fos sometime ago in similar circumstances.Will try and find it and post it up for your consideration to see if it applies here,if you make a complaint to the fos could buy you time and delay things considerably,its free and you may get a result on affordability,lending into retirement and Acendens outrageous charges and also its free..

In the meantime it may be worth checking gallahads post above with the dwp to see where you stand exactly.

I don't think theres enough equity in the property in the current fickle market to bother the receiver with sale at an undervalue ,as to redeem the mortgage with numerous fees it will probably be 90k plus anyway.

If your parents decide on the bankruptcy route they will be discharged after just a year with no hounding or further worries,has to be worthy of consideration.

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HI , when i got into difficulty with mortgage payments i asked Acenden for help and the only option available was to extend the term of the mortgage , i now realise that i will be 75 years old when it finishes.

They asked at the time how i would pay the mortgage after retirement , i said either with my pension / by selling house.

Is this a proper way to handle mortgage selling as all it has done is cost me more money by paying less each month.

Would my pension cover the mortgage when i retire ?

I already have an ongoing complaint with FOS and would love to give them more ammunition to fire at Acenden. I now see that i was duped into thinking that the arrears at the time of the terms change would be paid off , how wrong i was , on about the third page of the agreement their was a confusing statemtent that i read as though the arrears would be paid off. They just extended the mortgage to keep me in arrears.

 

Any advice welcome.....

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HI , when i got into difficulty with mortgage payments i asked Acenden for help and the only option available was to extend the term of the mortgage , i now realise that i will be 75 years old when it finishes.

They asked at the time how i would pay the mortgage after retirement , i said either with my pension / by selling house.

Is this a proper way to handle mortgage selling as all it has done is cost me more money by paying less each month.

Would my pension cover the mortgage when i retire ?

I already have an ongoing complaint with FOS and would love to give them more ammunition to fire at Acenden. I now see that i was duped into thinking that the arrears at the time of the terms change would be paid off , how wrong i was , on about the third page of the agreement their was a confusing statemtent that i read as though the arrears would be paid off. They just extended the mortgage to keep me in arrears.

 

Any advice welcome.....

 

Hi niccuro

can i just ask is yours a first or second mortgage? and when did you take it out? thank you cher69

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