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    • Homer did say not to contact DR+.   If that's all the paperwork you have, sit tight and see if a letter before claim/action turns up. If you get one - and you may not, come back here and we'll help you to write back.    Or if you get more threatograms, let us know and we'll let you know if you need to take any action. In the meantime don't write to anyone and keep any correspondence for now.    HB
    • Hi DX   That is the only info letter I have we can't locate the first letter or original parking fine notification My wife said there wasn't  anything on the car windscreen. Do I ask the DC for the original notification ?   what shall I do just wait until they pursue through court ?   apologies for lack of info  Cancookwill
    • Hello, I've been following this thread and have some experience to share... Stand by for lots of words.   About 6 weeks ago, the engine seized on my car - 10 days before planning to use it for our 2 week trip around the UK!  I searched the internet for companies who could replace/rebuild the engine and get it back to me in time... One company that came up was 169 UK. I called the number and explained my predicament and the chap on the phone (who called himself Lee - I'm not convinced this was his real name) promised that if the vehicle got to him the next day or so, he'd have it done in time for our holiday!. He gave all kinds of reassurances about the types of vehicles they work on, from Porsches etc, even people from Spain taking their cars to him.. All work came through 3rd party websites (how i'd found them too) so you generally wont find reviews.    I was weary going into this, but you got to put your faith somewhere, right? so off it went on a trailer to Essex. NOW... I'd already asked where it would be going and I also tracked it by leaving a mobile phone hidden in the car. Interestingly, the place i was told i'd be collecting it from was not the same place the recovery guy (called Patrick?) told me he was delivering it to..    Anyway, they get the car and straight away tell me that the sump is full of diesel and that my ECU is faulty and its locked open one bank of injectors - causing the failure. All of this is feasible, but it meant that the car would not be ready in time for my holiday  He also tells me the DPF's (i'm sure it only has one, but he referred to there being more) were also completely blocked solid and needed to be dealt with (in this case, drilled and mapped out - which is also illegal) All of these little extras have now taken the cost from £3500 to nearly £5000  - as he was " putting together a special package for me" I tell him ok, i'm now away for 2 weeks so you have a little more time, i'll collect it when i get back.  I call him on the Friday before we travel home, asking how its going... he says "well, we aven't done it.. you said you were gonna be away for 2 weeks" apparently he marked to dairy wrong. So i call him again on the Monday following, I say I want to collect it that Thursday... not unreasonable. He then starts with the excuses that he has loads of guys off sick at the moment etc.. BUT, The car IS in the workshop and the boys ARE getting on with it. I say, OK.. but keep me updated daily as i need to make arrangements to come and get it. Tuesday passes without a word, so Wednesday morning i txt him asking for an update. He called me back around and hour later to tell me that the ECU they sourced for me is also faulty (they tested it before fitting it as they're nice like that) and it has water damage so he has to get another one, but that isn't going to get to him until the following Tuesday - which brings us up to this week.   Everything up until this point has been feasible if not a little annoying, BUT here is where is gets good...  On Sunday i happened to be in Essex on other business so decided to swing by Basildon and see if i could find my car. Knowing where it had been dropped off before the tracking phone died, i had a good idea where to look. And i also had the address of the garage where i'd be picking it up from. Hoping to not find it too easily - after all, it was being worked on on the Monday; Imagine my surprise to find it in the exact location it had been dropped off 4 weeks previously!  I lifted the bonnet - nothing had been touched.  The amount of dust on the bodywork and distinct lack of any hand prints etc strongly indicated that nothing had been touched and it certainly hadn't been moved in all that time. He may well have taken the ECU out to test but put it back, that's easy to do - but there is now way to tell from there that the DPF is blocked without removing it, or having full access to the ECU - which is faulty, remember?  It had all been LIES.  Now i am annoyed, but informed and he doesn't know that i know he's been lying to me.  I spent the next couple of days talking to various people i know and arranged my own recovery to get the car back - even if that meant effectively stealing it back. Long story short, i had it collected and got it back to me last night.  The guy who collected it went to the garage i'd been told i'd be collecting it from - Unit 28 Noble Square( Essex car and Commercial) and asked for Lee... Low and behold no-one by that name works there and the car (and others parked in the same place) were nothing to do with them! but then one guy did say "oh hang on, i think i know who you mean, let me give him a call"... 10 minutes later, 'Lee' showed up.  My man then had to endure conversation with this charlatan, but did glean some information that might be of interest.  "LEE" doesn't directly do any of this work... he takes on jobs, maybe up to 30 at a time and then farms them out to local garages. This explains why nothing had been done and why so many others get stuck in this net.   I was surprised that he was calm and didn't get the hump about me taking the car back, i still don't really understand what the scam is, but there definitely is one.  I think i've been very lucky that no money has been paid, i owe him nothing and i got out of there.  The amount of mental anguish and anxiety this has caused me has been extreme.  Now i'm back to square one, still with a broken car. But i'm only £500 out of pocket (for the recovery each way) and not £5k that it was supposedly going to cost... at some point, who knows when!     
    • Good luck from me as well Dixon, fingers crossed.    HB
    • Last time, the Judge provided me with, I would say, the most amount of time to speak. She started with HMRC, and they moved on to me. Essentially, since HMRC last responded to me (the original document I scribbled notes on), I feel it's right I should go first and just comment on each of their responses.   I'll leave sending that link to them, just in case HMRC then find something against it. I'll just bring it up, and mention the above quotes.
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Mis-sold GMAC mortgage, where do i start?


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example of one fee that i am aware of while awaiting for the SAR info is my mortgage company intsructed a solicitor (eversheds) to attend court and my possession order was suspended but they invoiced for £608, is this fair? i have never had any dealing with them, only my mortgage company....

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They are reclaimable in full....just like credit card reclaims

 

ims

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Each Charge In FULL

 

ims

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

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  • 2 weeks later...

Update-I have recieved a breakdown of the £608 legal fee applied by my mortgage company that i paid on redemption, it consists of:

 

£240-to issue court proceedings

£45-"pro-active" calling

£102-To attend hearing

£120-checking order of court and reporting back to agent

Plus VAT

 

Are these deemed as fair? If not, is there a template to use to challenge it?

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Update-I have recieved a breakdown of the £608 legal fee applied by my mortgage company that i paid on redemption, it consists of:

 

£240-to issue court proceedings

£45-"pro-active" calling

£102-To attend hearing

£120-checking order of court and reporting back to agent

Plus VAT

 

Are these deemed as fair? If not, is there a template to use to challenge it?

 

Doesn't look particularly unreasonable - an average fee for such a hearing would normally be in the 5-600 pound ballpark.

 

The fee to attend the hearing looks to have been charged as an agent fee, as if they'd sent a solicitor it would be nearer 300 or thereabouts.

 

Not so sure about the 45 pound 'pro-active calling' fee, but if they made a couple of phone calls that might account for that.

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  • 4 weeks later...

What might constitute a mis-sold mortgage arranged for you?

The following are just examples: -

The broker placed the mortgage with a lender that paid him the best commission (this is called a procuration fee) when a more suitable product was available elsewhere and probably at a cheaper rate

Borrowers who are advised to self-certify their incomes, possibly to ‘fast track’ their mortgage application when they qualify for a (cheaper) full status product

The broker failed to give over an Initial Disclosure Document at the start of the mortgage interview. This details the sort of mortgage advice they can give and whether they can recommend products from all lenders or from just a limited ‘panel’

The broker failed to supply a copy of the Key Facts Illustration that must include the financial details of the recommended mortgage so the borrower can make an ‘informed choice’. This will include the initial and future (anticipated) interest rates, the current and future (anticipated) repayments, fees charged, early repayment penalties (if any) etc

No available records are available of the sale/advice process

The broker has failed to take due care in assessing the borrower’s future ability to pay the mortgage after the initial rate expires. This is referred to as ‘payment shock’

Self-employed applicants who were advised to take a mortgage term beyond retirement with no ‘real’ means to repay

Inclusion of State Benefits currently received that might not be guaranteed in the long-term

Omitting some debts when assessing the borrower’s ability to pay the mortgage. These are usually unsecured debts i.e. loans, credit cards etc

Lack of clear advice on having a repayment plan in place to repay the mortgage at the end of the term. An interest only mortgage will not, by definition, repay the original capital debt, so what is the repayment method?

Coercion into buying a mortgage product that was inappropriate for the borrower’s needs

Inappropriately combining other financial products with mortgages in a way that makes them seem compulsory e.g. buildings & contents insurance, Accident Sickness and Unemployment cover or Mortgage Payment Protection Insurance

Not offering products from other lenders when a borrower’s true credit rating is established. This is called ‘cascading’ and should include product offerings from several lenders and not a more expensive one from the original one

Offering mortgage products where the initial rating period (i.e. fixed, discount etc) does not suit the borrower’s individual circumstances

Failure to offer borrowers a selection of mortgage products and not assisting in the decision process

The broker charging excessive fees. The guidelines suggest that the broker should be remunerated in proportion to the amount of work needed to finally place the mortgage

Failure to fully explain early repayment penalties (if applicable) when borrowers leave their current lender

The broker recommending a full remortgage with a new lender when a further advance from the borrower’s current lender would have been more appropriate (and probably cheaper)

Any suggestion on the part of the broker to omit details that might seem irrelevant but are important to the lender e.g. omitting to disclose other occupants over the age of 17 living in the property which is to be mortgaged

There are many more breaches that constitute a mis-sold mortgage. The fundamental question that you need to ask yourself is “was I treated fairly by my mortgage adviser”?

Remember that TCF does not mean the same as brokers being ‘nice’ to customers or creating satisfied customers, it is a breach where there is failure by ‘a firm (to) pay due regard to the interests of its customers and treat them fairly’.

 

NOW consider the outcome...It will probably result in rescission and its very hard to prove.It won't solve the repo problem.

I would suggest looking at other area's like fee's & charges etc NOT on the original contract T & C's.Plus have mortgage express got the correct paperwork/authority

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thank you it was with Halifax fell into arrears with mortgage and loans went with gmac at the time i did not know i could go into a debt plan was never told this by broker just sweet talked into paying all debts back wih extra money gmac was a very high interest rate then i fell behind as was charged 15 pounds none dd then fifty pounds arrears added to loan i finally left gmac 2008 to go to ge as the rate of 10.5 % was crippling me Paul.

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Right,I finaly have the SAR back on one of my past mortgages. have noted a list of fee's and charges that i would like to claim back....

 

1.where can i find a template letter to re-claim these?

2. can i claim for statutory interest rate? if so, where can i fond a calculator in a table format to add up the costs over a period of time (e.g. with my credit cards i found a "table somewhere on the web where i printed it off and sent it to the creditor once i had input the amount,date charged and then it done each calculation)...

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

As per my SAR request, i have asked one of my mortgage companies for the following fee's back:

 

Arrangement fee-£599.00

Valuation fee-£465.00

Legal fee for conveyance-£295.00

Tele transfer to start the loan-£49.00

1 x assessment fee for £1349.00

15 x assessment fee’s @ £35 each=£525.00

1 x assessment fee for £11.76

1 x assessment fee for £125.00

Legal fee-£608.00

They have replied, stating that they are not refunding any as per their "terms and condition" of the mortgage. What can i respond?

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The first four fees are not unfair fees, they are fees that are allowed to be charged. I think you have probably been over optimistic about what you can claim back.

 

Write to them again removing the first four fees and give them a 14 day deadline to respond, at the end of that write another letter giving them 7 days and at the end of that take them to a small claims court.

 

I really think though that you are wasting your time on this one, mortgages before 2001 were not necessarily regulated.

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  • dx100uk changed the title to mortgage express Repossession due and shortfall of £50k
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