Santander repo help - lost - off to the FOS?

[citizenB]

Thanks for the guide, ickle pickle.. it will certainly come in useful for others as well.

 

It is a nice feeling when you can see light at the end of the tunnel, isnt it

 

Keep us updated, please

[ikle pickle]

Evening every one:)

Following receipt of my sar request, still not all Recieved, certain information unaware of has come to light.

Following discussions with the fso adjudicater currently dealing with the unfair treatment and charges levied as well as a breech of agreement due to failure to keep to the promise made, causing default on my mortgage account from their negligence to provide the service required when providing a regulated mortgage.

Unfortunately we are over the 40 days for sar and even though some documents requested have been Recieved, a great deal hasn't been Recieved:( within the documents we do have certain information about my mortgage account and basically just shouts to me following recent events that we have been 'set up for failure from day one:('

The mortgage first taken out, redeemed due for consolidation is some what contradicting as the genuine documents I have received within the deeds from the land registry since no longer needed show a completely different account of finances.

Just as an example prior to the final agreement being accepted I have the summary documents stating amounts, mortgage interest etc. And then I have received the same document within the sar photo copied showing completely different amounts. Even the mortgage amount is showing a different figure to the actual figures shown by the solicitor:(

This making me think that the redemption figure is wrong as a small home improvement loan in 2003 for 6,000 supposed to be charged on the property and hasn't been, which letters from the lender to the solicitor dated 2006 state questions asking why charge not registered?

So the documents I have show the amount tagged on to first mortgage prior to redemption 2005 showing an amount paid of £35!!!!

Because the two mortgages were tracker discounted I wondered if some one could help me work out exactly what was paid prior to redemption as well as a letter of complaint put together? If any one can help even if just with mortgage paid it would be appreatited thank u guys so much xxx

[ikle pickle]

The mortgage agreement for the first charge baced on the amount stated to have been advanced for the requirement of the mortgage = propert

purchase price £62,950.00

Deposit paid £ 3147.50

Allowance for gas gas fire £150.00 ( new build property)

Higher lending fee £1007.12

Advance shown on lenders completion letter £60809.12

 

Solicitors advance shown £59,777.00

With deposit allowance for fire minus property price £62950

Amount to us was £124.50

 

Were as the lenders statement along with a high fee for their indemnity insurance charged to us for security off the lender with only their own self gain at the heart of their thoughts:( the difference between the solicitors advance and the lenders amount stated as advanced is £25.00 all though not a huge amount with interest over 25 years adds up:(

[ikle pickle]

Thanks for the guide, ickle pickle.. it will certainly come in useful for others as well.

 

It is a nice feeling when you can see light at the end of the tunnel, isnt it

 

Keep us updated, please

 

Thank you

Mind after reading some posts tonight re receivers I am a little worried that their agreement to allow me to rent the house, as from what I can gather it is opening the doors for a breech on my part:( think need to contact solicitors as my gut is saying something not right xx

[ikle pickle]

Hi guys,

for those that have read my last thread,

in sep 11 court action took place and an outright possession order was granted as we were not their the letter stated he unfortunately had no choice.

The day before a warrant was to be issued the lender die to our request for a sar suspended the warrent. The case is currently with an adjudicator and the mortgage has been frozen till a decision is made.

However following talks with the lender we have been given permission to rent the property. Following reading another thread I have some concerns and just wish to clarify the legality of me renting the house. As we have permission can we go a head and do we need to go back to the courts prior . Sorry if a daft question I just need to make sure xx

[ikle pickle]

Hi Guys

We currently have a complaint with the FOS and have made a subject data request with Santander. However our account has been with their lit team for some time now who are HL Interactive. Because the data we received included very little info about the dealing we have had with HL Interactive, we have made a separate subject data request to the lit team HL. However this was the response received and i am unsure were to go from here please advise xx

 

Dear Mr

 

 

 

We acknowledge your request and would like to make you aware of the following:

 

 

 

HL Interactive are Data Processors for Santander and as such process the data on behalf of the data controller.

 

 

 

Santander is the Data Controller who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed and therefore any requests for information should be made directly to them.

 

 

 

Should you require any further information regarding Subject Access Request please contact the Information Commissioners Office at http://www.ico.gov.uk or via telephone on 0303 123 1113

 

 

 

Yours faithfully

 

HL Interactive Solicitors

[dx100uk]

yep they are correct

 

dx

[ikle pickle]

In June 2008 having contacted Santander with regard to our mortgage account. My husband named on the title, having been diagnosed with clinical depression, signed of sick, and concern whether the mortgage payments at fixed rate capital and interest payments could be maintained.

 

Following talks with Santander we were advised that due to the product held being fixed over a term of five years not due to end until 2010 a cost would be required of 3900 should we end the agreement early. The lender went into say that an option could be to vary the product held to fixed rate interest only. Having little other options available we agreed and the first payment made over the phone the same day.

 

A few weeks later we Relieved default notices stating arrears on the account, found to be as a result of the lender charging capital repayments on the account. Raising a complaint believed the matter was resolved sadly not continued from June 08 until oct 10 . We must have signed four agreements over that period due to the lender stating not received. The last agreement signed was returned by signed for. The pressure had drastic effects on my hubbies health due to the distress ciudad and constant threats to the loss of our home. Santander however upon finally going oh yes sorry, back dated the account. However the monthly payments agreed to were being charged at an amount higher than signed in the contract. The difference only small but apparent yet even having raised complaints still unresolved. The amount agreed was £377 the amount charged was 380.38 charged for two years .

 

Sadly after this event we missed some payments and the account fell into arrears and charges and interest applied. To cut a long story short the treatment we Recieved pried to court action not advised of pried to court action due to the third party team failing to send the details when aware of the new address.

 

The courts granted an outright possession order

Any way the day before Santander issued the warrant for possession we served the lender with a subject access and raised complaint resulting in the warrant being suspended. After several attempts to arrange a new agreement all of which ignored as the case worker every time we called was at lunch:(

 

The firm aware if the complaint made escalated with the fos sent a letter to the house again when aware did not Live there sent stating the warrant would be reissued due to our daily to make the payments set by the judge. Please note the judge had not put a payment plan in place! It was an outright possession order.

 

Any way my biggest problem is following reciept of the sad request. All the mortgage statement did not match the originals recieved looking at the statements closer we found that the amounts paid for over a year were shown as lower amounts causing the account to show arrears amounts higher than should be:( all of which presented to the judge.!

Going through the statements it's like the one's provided in the statement have all been amended were as the originals show completely different capital balances payments made etc.

Even the balance shown a few months previous since being with the fso has changed and amounts taken off the capital balance not mentioned to us as to why or showing amounts on the statement going on and off

 

The adjudicater having made her decision not to uphold our complaint due to us missing payments on the account? We have however requested an ombudsman look at it but sone how having read the report it all is in the banks favour.

 

The adjudicater however has said the issues with the capital balances and statements etc would cone under a separate complaint and to be honest o have no idea how to lay the details out especially with respect to the statements showing all different amounts. I am happy to post the statements minus personal if it will help ? Any help great fully recieved as I am getting in a pickle abs re writing the complaint over and over as not quite sure how to lay it our. I actually have no idea what my capital amounts should be as all the statements contradict one another. Hope I have made some sense? Helpppl please xxxx

[ikle pickle]

I have been looking threw all the statements and the amounts on some of the statements do not appear to add up at all.! In 2009 were my annual statement shows each payment made being of a Lower amount than actualy paid there also is two payments made not even shown. The arrears for that year is shown as £1250 however having changed the amounts to the actual amounts paid and included the two payments paid and not shown the actual arrears equals to £300 and the capital balance shown is also showing an amount of 300 plus over what should be. Would we be better going in branch do u think? Rather than composing a complaint? Surely this shouldn't be allowed? Feel like I have been well and truly set up:(

[tifo]

You're wasting your time with the FOS ... i've been through the whole process and in the end their decision was that charges were fairly applied because I was in arrears !!

 

They don't assess whether the amount of a charge is fair, only the circumstances under which it was applied. This is not how the law says charges must be applied.

[ikle pickle]

Hi Guys

I have been following a discussion on the board relating to the Ombudsman's at the FOS coming under fire, i to feel that something some were is not quite right with the investigations and responses received from Adjudicators at the fos and currently appealing a decision i wanted to ask for help in composing a final summary for the Ombudsman reference to, to see what response is received before going back to my MP if necessary

 

I say this openly as like many of you on here, i question the honesty of the investigations which are carried out at to raised a complaint against the lender Santander

 

Santander put our family threw hell if i am quite honest and we were set up from day one, Which given at the time santander were Abbey mortgages who during this period were issued with a warning from the FOS

 

However given that i struggle immensely to put details together for the complaint raised, given the adjudicators response to our complaint i have started to feel that possibly this may be a reason for the response that we received in the adjudicator final response not up holding my complaint and vote in favour of the lender.

 

However as frustrated as i was and still am, questioning whether there is actually any justice in this world, in have since appealed her decision for the Ombudsman to re look at our case. However having called today requesting more time to provide a response for the Ombudsman, i was advised that the person dealing with my complaint was on holiday, that person being the Adjudicator:???: especially given that i recently received a letter that my complaint will now be looked at by an Ombudsman

 

Just going back to the Adjudicators response, i have to say i am becoming more concerned that given that the Ombudsman's decision is final, if i don't send a summary very soon that is clear then more than likely will receive exactly the same response. My biggest problem is getting to the point and not giving loads of detail loosing the pot all together and boring the reader

 

Because i started to question myself with respect to my complaint i have following reading the thread i mentioned took my information to my MP who when looking over the response received, looking at the evidence which contradicts the adjudicators response, all though he did not say it in so many ways, he did say something some were is a miss especially given the fos are supposed to be highly experienced in such arrears.

 

My MP has written to the Ombudsman asking that the response to my complaint quotes him as well, i am not sure what difference this will make if any?

 

I would like to ask if some one on here can help me put a letter together for the Ombudsman and then perhaps if of interest i can keep you all posted on the response that is received . I honestly believe there is back handers going on, i could be wrong but given that the response received from the adjudicator is all in the favour for the lender and has missed out nearly all of our points given along with documentary evidence to support something some were is wrong and i don't no about you guys but i believe strongly in right and wrong and that if you speak the truth justce will prevail or couldn't i be further from the truth, surely there must be some honesty left.

 

Out of peoples experiences with the FOS, is there a right or wrong way to put your point across?

[aznoor]

How did you get on dude, hope you came up with a letter,

I'm in the same boat as you, in a battle with Santander, went to FOS for redress- but now it seems I have to take these lying fools on as well,

Far from looking after consumer rights they seem to be a clearing house for bank complaints buying up complaints with punitive cash give aways never actully looking at real issues that are life changing,

it seems like the only way to get justice is to go to the court which i am exploring now but then again i'll have to deal with another bunch of thieves the Solicitors.. lord help me the world must be...........

[ikle pickle]

How did you get on dude, hope you came up with a letter,

I'm in the same boat as you, in a battle with Santander, went to FOS for redress- but now it seems I have to take these lying fools on as well,

Far from looking after consumer rights they seem to be a clearing house for bank complaints buying up complaints with punitive cash give aways never actully looking at real issues that are life changing,

it seems like the only way to get justice is to go to the court which i am exploring now but then again i'll have to deal with another bunch of thieves the Solicitors.. lord help me the world must be...........

 

I am so sorry to hear that, but if I am completely honest i would not expect any different from this firm formally known as Abbey National Plc, 'Abbey' re branded to Santander in Jan 2010 .

 

Currently I am awaiting further investigation of my complaint by an Ombudsman, which I believe can take some time to be allocated. However I am still in the process of composing my report To be honest I am not hopeful of the Adjudicaters decision being overturned, but I am aware that should I not agree with the Ombudsman final decision I can then take my case to the courts. Evidently I hope I do not have to do this, but only time will tell.

 

I have raised subsequent complaints with the bank which having investigated this matter further has brought about information being received which suggests mortgage fraud. I totally respect any one who has had to go threw this horrific ordeal in what I believe is one huge cover up that I can assure you one way or another whilst I have my last breath I will fight this case to the end as what this firm is putting families threw is simply unjustifiable.

[aznoor]

 

Well said,

Don't think we are the only ones in similar state but we can not give in to dispair and let them get away with it! especially these rotton bunch in Santander

The road to getting any form of just settlement from any of these banks is long and hard for ordinary souls, some thing i am comming to terms with and trying my best to adjust my finiances so i can keep my head above water for a long war, I stupidly thought FOS would give me quick redress insted they have added to my problems, as for the MPs well, maybe my own prejudice but don't they have a cosy relationship with these thives setting up the systems in the firs place so they can't be touched.

Any how GOOD LUCK with it and let us know how you get on.

[red-ed]

Yes, you are right about lawyers. They will do everything they can to make as munch money as they can at your expense, and after a while you will realise they don't care about the outcome of your claim/case, just being paid. fyi the legal ombudsman makes the FOS look competent, fair and honest.

 

CAG should create a thread just for lawyers.

 

Concerning the FOS they should be disbanded, so people can take banks and insurance straight to the small claims (without lawyers) - this would make their mistakes more expensive, and thus encourage fairer and quicker resolution.

 

Ed

Edited December 29, 2012 by red-ed

[aznoor]

Concerning the FOS they should be disbanded, so people can take banks and insurance straight to the small claims (without lawyers) - this would make their mistakes more expensive, and thus encourage fairer and quicker resolution.

 

Ed

 

ED is spot on, taking banks to court has to be simplified, the logistic of going to high court with lawyers runs in to thousands so if you don't get legal aid as most people you are left with out justice.

[8iatch]

I have been appealing against an Adjudicators decision for over a year and to be honest you are banging your head against the preverbial brick wall.

 

It seems that the FOS can exempt themselves from their own processes and promises and regulations that they are allegedly bound by because.....they just can.

 

Their decision is final whether it is justified or not - whether it is legal or not and the only method of complaint you can raise after the final decision is raised is - did they file my paperwork in chronological order YES/ NO.

 

My advice to you is really look at what they have done. Request a copy of your file under the Data Protection Act 1998 and advise them it is becuase you believe they have not handled your case correctly. Go through it thoroughly - it will be huge. My complaint was against Lloyds TSB discriminating against me and Breach of Contract. Both incidents happened after 19th November 2011. I have just received my file and believe it or not there is NO evidence submitted by Lloyds that is dated after 9th November and yet the FOS dismissed my case. Lloyds wrote a letter containing a 19 word statement basically saying we do not believe we discriminated aginst Mrs A.... and that was it.

 

I have just raised a complaint with the Independant Assessor. Again she will claim that she can only look at the service that they provided but even she will be hard pushed to ignore the fact that there is NO evidence to support the FOS decision.

 

Then the next step is the chief ombudsman, MO then the Treasury. If all else fails the press are the last resort.P

 

It takes an age and its dreadful becuase through all of this your family are suffereing at the hands of incompetant and I have to say a service that abuses the power and autonomy it has. I keep thinking of that line from ET "You have absolute Power Yes".

 

Be prepared to get inundated with rubbish. Lloyds TSB sent over 300 pages of paperwork and 293 of these were copies of my statements that had no relevance to the laws they broke. Bear with it and slog it out - the more of us that are out there the harder it is for them to hide their collusion!!

 

Good luck

[deano01959]

I feel your pain and will follow advice above, I hope you get a resolve. I wont be giving upo that easy either. Sorry to hijack thread but I dont know if my case has any relevance to yours and replies may even help (under nationwide_username deano01959)... Got my head in hands at the mo so apoligies in advance and if not appropriate admins please feel free to delete, its no problem.

 

Kind Regards

Dean

[ikle pickle]

Hi, I posted a thread some time ago over issues relating to arrears with my mortgage that long term led to the repossession of our family home

 

Prior to my property being taken into possession we became so confused, overwhelmed and distressed that we gave up and let our home go.

 

As you can appreciate in my mind set this matter has still not been laid to rest and in making this post I question whether it is worth even opening old wounds, given that previous attempts have failed

 

In respect to my concerns on this matter I will say that some of the issues which we were experiencing we did raise with the ombudsman, which was upheld in the banks favour.

 

We did not accept the decision as the response in summary provided many inaccuracies as to the actual complaint itself, of which I won't bore you.

 

My unresolved concerns:

 

Whilst my account was in arrears, the business in providing monthly and annual financial statements of account, recorded payments I made inaccurately, in that it:

 

Recorded payments made directly to the business by pos as paid by cheque and cash. "no cheque payments by myself were ever made to the account"

 

Payments made are shown as paid on dates payments were not actually made, in some instances not recorded as paid for up to two weeks after payment made.

 

The statements do not provide details of charges and fees levied to the capital balance and or arrears, yet show as added in the opening and closing balances

 

The monthly mortgage statements and annual statements received from the business do not relate to statements received in two subsequent sar received, one of which was not requested. The statements provided to the courts also do not match statements received and appear to have been re administered

 

Following sar request the business not only provided other people's data within it, but provided letters never received

 

A year after sar request the business sent a cheque for sar amount and a letter referring to a sar request never made asking to re-send request and payment, a payment never sent for an additional sar

 

Upon calling the business, advised there error and to rip cheque up, was sent as the initial sar was sent out incorrectly so another was on its way

 

The business sent collectors to mortgage property to take photos without our knowledge and also went to neighbour asking questions about us

us, we have a statement which states this as garden was broke into after collectors left gate open

 

Business aware property now rented, aware unhappy with rental contract received, having received weekly payments to the account, canceled whilst awaiting new payment plan incorporating repayment and arrears put on to capital so could start again, ignored and instead took action for no payment sending letter to tenants to vacate, further allowing tenants to remain in the property rent free yet charged for mortgage.

 

We also had ppi on the mortgage which for some reason were told that we canceled a month after my husband fell ill so not entitled to

 

So I ask you guys having read this, should I continue with this matter or give up and pay the shortfall which is all charges and fees

[SabreSheep]

No

 

You reclaim those charges and fees with interest in restitution on top.

 

You reclaim that PPI!

[SabreSheep]

I would also consider reporting them to the ICO for violating data protection act.

 

One thing must be made clear. No more phone calls. Everything to be sent by recorded delivery post!! A copy of reciept and proof of postage attached to every letter.

 

Depending on the amount of the arrears and how much was made up form unlawful penalties maybe someone could advise as to whethr you should seek legal advice as to whether the repossession was legal and what recourse you have now.

[ikle pickle]

I would also consider reporting them to the ICO for violating data protection act.

 

One thing must be made clear. No more phone calls. Everything to be sent by recorded delivery post!! A copy of reciept and proof of postage attached to every letter.

 

Depending on the amount of the arrears and how much was made up form unlawful penalties maybe someone could advise as to whethr you should seek legal advice as to whether the repossession was legal and what recourse you have now.

 

Thank you so much for your reply. The only thing is I have no idea were to start or even how to go about it. If I go a head I need to make sure I get it right so the business can't find a back door so to speak