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    • I'm not sure we were on standard tariffs - I've uploaded as many proofs as I can for the ombudsman - ovo called last night uping the compensation to 100 from 50 pounds for the slip in customer service however they won't acknowledge the the problem them not acknowledging a fault has caused nor are they willing to remedy anything as they won't accept the meter or formula was wrong.   I'd appreciate more details on the economy 7 approach and I'll update the ombudsman with any information you can share. 
    • To re-iterate and highlight my urgent question on this one: The N24 from the court did not include any instructions to submit paperwork 28 days before the date, unlike the N157 received for other smaller claims. Do I have to submit a WS for this court date? Link has!...
    • No, reading the guidance online it says to wait for a letter from the court. Should I wait or submit the directions? BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?
    • Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Wonder what your advice would be given the documents they have provided? I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage? Thanks as always in advance
    • I have now received my SAR. It includes a great deal of information! Is there a time limit on how long account information is kept and/or can be provided to debtors? I have received many account statements which were not previously sent to me. I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case? Also what, if any, are the regulations in regard to adding fees to a debt? Can fees be added to a debt after the court has approved a charge on a property. Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made! Following the Legal Charge, I paid every month until my payments were refused. I am trying to compute the over payments, but the addition of fees etc. is confusing me. Any comments and/or help would be appreciated.
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Capstone repossession


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Given that a lot of water (and beer) has flowed under the bridge the I think the sequence of events was as follows:

 

1. The mortgage company sent me a final demand. I ignored this as I had no way of paying £50k.

2. The in house collectors sent me a demand shortly after. I had dealt with them before and they were generally reasonable. I phoned them and offered £50 a month. (I remember they guy on the phone seemed willing to accept anything). No I&E was needed, I just said "I can reliably afford" £50 a month.

3. I can't remember how that got to £100 but that is what it now is.

4. I then started learning about stuff from this site (and MSE) so I sent an "in writing only letter". As above, all I now get is the 6 monthly nag which I do respond to.

 

And that is how it has been for 4 years or so.

 

My previous dealings with the in house collector were not so good (credit card, bank account and loan). I had a car disaster and missed 3 months of payments - they sent my account on to proper debt collectors after this.

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  • 1 month later...

hi just wondering does anyone know roughly when a mortgage company usually asks for repayment of a shortfall.Property sold in April but I've not heard anything yet. Thankyou, also this will drop of my credit file within the next 6 months will it get put back on again by the mortgage company as a repossession as at the moment it is showing as satisfied. Thanks again

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It can vary. Often it can be after some years as by that time you may be back on your feet and in a better position to pay, but it can be much sooner.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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thankyou just seen title deed for the house just wondered what it means when the mortgage company register a charge on the property in the new owners name and put a restriction on preventing them from selling for 4 months ????

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  • 5 months later...

Happy new year !

 

I have today received a letter from acenden saying I owe then £40000 shortfall and they will take legal action if I don't contact them. What shall I do now? Incidently this falls off my credit file on monday are they allowed to re enter it if they obtain a ccj. Another question please I'm getting re married in April, my husband has his own property everything in his name I want to be sure he won't be liable in any way thanks for your continued support.

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I would write and ask for a breakdown of how they've arrived at this figure.

 

It's probably worth sending a sar as you need to know what charges there may have been, ppi you may not have wanted or needed, and what steps they took to make sure they got the best possible price for your property.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thankyou I will do as I have received no details in writing regarding the sale etc when I took this mortgage out I'm sure that the broker said I would have to pay an insurance premium to protect the mortgage company if ever I got repossessed. Do you know what this might be called on the initial paperwork. I also remember paying quite a hefty comission fee what could I reclaim back please. Another question sorry do you think they would accept £100 a month, should I offer anything yet I really don't want a ccj or bankruptcy etc

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You should send them this letter http://www.consumeractiongroup.co.uk/forum/showthread.php?390014-Mortgage-Shortfalls-Subject-Access-Request (by recorded delivery). Don't make any offer of payment until you have an answer from them.

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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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It might not stop them chasing you for money, but you can say you won't be paying anything until you have a comprehensive breakdown.

Help us to keep on helping

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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  • 3 weeks later...

Hi

 

So after sending a sar and not hearing anything yet I came home with a letter from dlc with regards to paying it back. They have said the usual contact now for a discount or to arrange a repayment plan what should my next step be please

 

Thankyou

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Just write back with a brief letter advising them that you are awaiting a response to your sar, and that you won't be paying anything until you have a comprehensive breakdown of the sum they claim that you owe (as per ell-enn's post of 4th January above).

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

I have received another letter from dlc offering a £10 monthly payment ive still not heard from capstone but almost want to start paying it just so I can sleep at night. Would this jeopardise any claim for charges etc being refunded.

 

Thanks again

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They might accept £10 for now, but how long before they want more?

 

If you haven't done so yet I would still suggest you write and say you'll pay nothing until you know what you're paying for.

 

By paying you would be acknowledging the alleged debt and make it harder to dispute in court IMHO.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 3 weeks later...

Just tell them you're still waiting on a breakdown of what you're meant to owe and info from your SAR. Repeat that until you have that information you're paying nothing.

 

Nothing's changed.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

I am so cross still had nothing back except another letter from dlc saying as ive not responded they may now consider sending someone round. We really don't need this just lost my mother in law suddenly so have enough on :(

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Sorry to hear of your loss.

 

When did you send the sar?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I am so cross still had nothing back except another letter from dlc saying as ive not responded they may now consider sending someone round. We really don't need this just lost my mother in law suddenly so have enough on :(

 

Did you send dlc a letter as advised on 27th feb? If not, then do so now and advise them that all communication must be in writing and you will not be dealing with anyone they send round.

 

You could also write to acenden advising that if they don't respond to your sar within 7 days you will be reporting them to the ICO.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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