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    • I wonder if anyone can help me. I had a loan with a high street bank from about 10 years ago and I had to stop paying because I lost my job. I reduced my payment to a token payment for a few years but I then ceased this some years ago because I took some advice from an online forum which said that I should ask a ‘Subject Access Report’. I did this and I also asked for a copy of the contract with both signatures which highlighted that myself and the bank had a contract and what its terms were. As the loan was made up of an overdraft and a formal loan I thought they would have paperwork. However, eventually the bank responded by saying that they had no contract and they admitted that as such it was not enforceable in court. Over the last year, the bank have again appointed Moorcroft Debt Recovery Limited to use their strongarm tactics. I have not been responding to the last couple of letters asking me to contact them to arrange a payment plan and now their letters are becoming more threatening. Here is the text of their latest letter……. Quote   We are aware that you have failed to agree an affordable repayment plan with us concerning the above account.   As no agreement has been reached we are now in the process of reviewing your account to consider the steps which may be taken in relation to further debt recovery action. The options include recommending one of the following:   ·         1. Continue in our attempts to contact you by letter and phone. ·         2. Instruct a local representative to arrange to call at your home address to try to re-establish contact with you.   To prevent possible further action you must contact us. Failure to contact us by the 22/10/19 will result in one of the aforementioned debt recovery actions being undertaken without further notice.  Unquote As you can see, they are now getting more threatening. I really do not want people knocking at my door – does anyone have any ideas as to what I can do to sort this situation? I do not want to pay for something that seems unenforceable but I do not want knocks at my door either. Any help would be appreciated.   Kind regards    
    • Yes it was a tomlin/consent order I have a recent statement its not showing any additional charges on it. The statement does not show the balance to pay each month, as the contract was terminated in March 17 and the termination bill was added to the account so my payments reduce the account balance £14262.38  Capital £6995.00 Interest £7213.38 Plus 3 x £18 charges  I presume if it went to court again I would be notified?    I thought court costs and charges could increase a balance owing but not be included in arrears or court proceedings when listing the amount owing, or am I wrong?    
    • Check to see if they are adding monthly charges inflating arrears as per DX.
    • .So I’ve been at the flat for a number of years , you had to be a certain age back then, now all ages and couples with young babies get put here , first floor , no garden not a good area not so bad either .   ive just had a letter to say I’ve been taken off the list to transfer to a more appropriate home ,  no notice just taken off, council are saying my age group no longer qualify.. I spoke to equality and human rights council they suggested I complain siting The Public Sector Equality Act 2010. ( The General Duty and Specific Duty)  relating to age discrimination.      But I’ve also come across this in LAW Quarterly online Mag.    LHA’s allocation scheme suspending applicant’s ability to bid (R (Alemi) v Westminster City Council) The High Court has held that Westminster City Council’s allocation scheme suspending certain applicants from bidding for social housing for 12 months breached section 166A(3) of the HA 1996 (setting out which groups of people should be given reasonable preference when allocating housing).   Interesting i thought?               
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Benjohnn

Repossession_ Southern Pacific and GE Money

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Hi Everyone,

 

We are fighting Southern Pacific Mortgage and GE Money for possession of my Mother's Property. I have been told all the unfair charges added to both accounts can be reclaimed back? These charges have accumulated now out of control.

 

Please can we have help to do this - templates a stepped process.

 

Thank you so much

 

Benjohnn

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Thread moved to repossessions forum


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Whilst the underlying issue is possession, Ben is actually looking for assistance with reclaiming the unfair charges levied on the accounts. Can someone point him in the direction of the relevant spreadsheet and any template letters that will assist him with starting the process?

 

Reclaiming charges isn't my area and I know there are people with more knowledge on that area than me.

 

Cheers.

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No probs Lea

 

Hi Ben

 

I've attached a spreadsheet you can use for this purpose.

 

Just follow the instructions in the notes tab and make a list of each charge giving the date, the description and the amount. Change the interest rate to the rate being charged on the account.

 

The "claim to" date will be either today (if the account is still live) or the date that the account was closed.

 

Let's see what the figures come out to.

 

CISheet v101.xls


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[ATTACH=CONFIG]40626[/ATTACH][ATTACH=CONFIG]40627[/ATTACH][ATTACH=CONFIG]40628[/ATTACH]

 

Thank you again for the spread sheet sent.

 

I have attached statements form both GE Money and Southern Pacific Mortgage,can you please help me kick start the spreadsheet, not sure on what to include?

 

Ben

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I wonder if someone can help Ben with his documents? This case is going back to court in the next week or so and an attempt is going to be made to use the charges to reduce the outstanding amount of the loan, however, Ben needs help with working out what he can include and how to fill in the spreadsheet.

 

Some assistance from an expert on charges would be greatly appreciated. As some of you know, unfair charges are not my area so I am unable to assist.

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had to unapprove the atts

 

info showing

 

please follow these instructions:

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

DO NOT USE ANY PDF EDITOR TO BLANK STUFF, THAT CAN BE REMOVED

DO IT IN PAINT.EXE or any photo editing program

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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You need to go through the statements of the account and look for any late payment charges, monthly admin fees (GE are good at slapping £40 each month) and any recalled direct debit charges.

 

These should be listed in the spreadsheet giving the date, the description and the amount.

 

The rate of interest you should use on the spreadsheet is the rate being charged on your account.

 

The "claim to" date should be set as today.

 

Read the instructions tab in the spreadsheet.....that will help you.

 

When you have done that let us know what the value of the claim is.


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.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

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

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Hi,

 

Should I also include interest charges, arrears management fees, litigation management fees on the spreadsheet? We have this case listed in Court on the 5th Feburary 13.

 

Thank you

Ben

 

 

You need to go through the statements of the account and look for any late payment charges, monthly admin fees (GE are good at slapping £40 each month) and any recalled direct debit charges.

 

These should be listed in the spreadsheet giving the date, the description and the amount.

 

The rate of interest you should use on the spreadsheet is the rate being charged on your account.

 

The "claim to" date should be set as today.

 

Read the instructions tab in the spreadsheet.....that will help you.

 

When you have done that let us know what the value of the claim is.

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Hi,

 

Should I also include interest charges, arrears management fees, litigation management fees on the spreadsheet? We have this case listed in Court on the 5th Feburary 13.

 

Thank you

Ben

 

Don't include interest charges.

 

If the Arrears Management Fees and Litigation Management Fees are a fixed amount each month then yes. I would guess that they may be a straight £40 charge or thereabouts (maybe £25).


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.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

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

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Hi,

 

Do i include solicitor interim legal fees and additional interst charges - these are additional to interest charges marked?

 

Thank you

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Hi,

 

Do i include solicitor interim legal fees and additional interst charges - these are additional to interest charges marked?

 

Thank you

 

No


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.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

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

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Hi

 

I am receiving pestering phone calls from GE Money, they are calling at all times day and night the last one was days ago at 9.30pm. My Mother is currently battling with Cancer and i would really appreciate if somebody can send me through a template letter to send to them to stop harressing her.

 

Thank you so much

Ben

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green library tab up top left

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Dear Sirs

 

Account No/Reference No: XXXXXXXX

 

I am writing in relation to the quantity and frequency of telephone callslink3.gif that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls and I now require all further communication from your company to be made in writing only. It is my legal right to communicate in writing under Article 8 of the European Convention on Human Rights and prevents any misunderstanding.

 

I am also of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you may be liable to a substantial fine and/or other sanctions as they see fit. Be advised that any further telephone callslink3.gif from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

 

Yours faithfully,

PRINT OR SIGN YOUR NAME DIGITALLY

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Hi Lea

 

Thank you for this response I will send this off to them straight away.

 

Ben

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Hi Dx

 

Thank you for this response.

 

Ben

 

green library tab up top left

 

dx

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Hi Can somebody please help on this matter,

 

I have found Letter J from the library on the Forum, which does cover full and final settlement for debt. I know there are various misselling issues and the possibility of media exposure that may be good to mentioned. Previously through the forum I have also received an excel spreadsheet to add up all the accumulative charges put on by GE Money.

 

What is the best way to include the charges within the letter and is there anything else that should be mentioned that has not been. Can somebody please review the letter any changes would greatly be appreciated.

 

Can you please review the letter below with minor edits and change as you see best, thank you.

 

Thank you

Ben

 

Dear Sir or Madam

 

Re: Account no: XXXXXXXXX

 

I write with reference to the money which you are claiming on the above account.

 

I can confirm that I am unable to offer to repay the money which is owed in full. However, I can raise £xxxx and I want to offer this as an ex−gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that I will be released from any further liability. Additional to this it is clear that the loan was missold and given on the basis of running a cleaning company, the production of a driving licence and a gas bill - no request was made for accounts of this alleged business, nor proof of income. Although the fore mentioned income statement was not true at the time of taking out this loan, I was also retired. I would also carefully consider the Court possibly wanting full disclosure of information pertaining to these issues and the consequences of media exposure.

 

It is also requested that, if accepted, you will make an entry on all credit reference agency files relating to the above account as "satisfied" in full. Payment can be made within 2 weeks of receiving your written agreement of this offer and method of payment.

 

I look forward to receiving your early response

Yours faithfully

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attach your spready please

 

and how much do you owe?

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi BenJ,

 

You could bring the issue of penalty charges into your letter saying something like:-

 

I write with reference to the money which you are claiming on the above account.

 

There are default charges included in the total you are claiming. Such default charges are penalties and, as such, they are unenforceable at law. I enclose a spreadsheet showing the penalties and associated interest.

 

Penalty charges amount to £xxx and the related compound contractual interest that I am entitled to reclaim in addition amounts to £xxx. This makes a total of £xxxx which should be deducted from the amount you are claiming from me leaving a net balance owed to you of £xxxx.

 

I am unable to pay you the full amount owing after penalty charges and interest are deducted. However, I can raise .....................

 

:wink:


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Hi

 

I've attached spreadsheets. I've seperated the charges, legal costs, money paid on the account and interest £ on 4 different spreadsheets.

 

The loan amount was £47,350.00 over 120 months, which started in march 2008. On the paper work it states current monthly installment: £512.73 and current monthly rate: 0.558%

 

Hope this is all ok, thank you

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Hi BenJ,

 

Using an Interest Rate Converter, I calculate that the monthly rate of 0.558% equates to an APR of 6.91%. Does that sound right according to the loan documents. The actual loan agreement should show the APR applicable to the loan.

 

Some of your spreadsheet data may not be directly relevant although it may be useful in showing how the debt was being repaid and the charges you incurred.

 

Re your spreadsheets, the first about int't charged and the fourth about amounts paid on the a/c are not really relevant.

 

Spready 3 shows admin and default fees applied through the loan. I suggest theses are clearly penalties and reclaimable in full.

 

If the interest rate I mentioned above is right, redo this schedule. It should show total of chgs and compound int't of £968.31.

 

Amend Spready 3 to use the right APR and print this off, to accompany the amended letter I suggest in post #25 below.

 

:-)

Edited by slick132
see post #25 below

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

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Hi BenJ,

 

I initially made the following remarks in my post above, but moved them here as I wanted a second opinion, and now have it.

 

Spready 2 showing sol'rs fees may be relevant if any of the fees were levied automatically without reference to the work required because of your failure to pay what was due. However, if sol'rs did review your case on each occasion and considered options or actions required, resulting in costs, then the fees may be justifiable. I also think it may be too late in the day to argue on this point, particularly considering the manner in which the loan was, or was not, being repaid.

 

The sol'rs fees increased very rapidly and between Feb 2011 to Nov'r 2012, fees of approx £11,888 were applied. I would personally ask if the level of such fees can be justified. Whether this gets you anywhere is another matter entirely.

 

You could mention that you require confirmation that the sol'rs fees charged between Feb 2011 and Nov'r 2012 of over £11,880 where properly accounted for and recorded.

 

My thanks to Site Team Andyorch who has suggested you seek a detailed breakdown of the sol'rs fees.

 

So, I suggest you add to the letter I suggested above as follows:-

 

I write with reference to the money which you are claiming on the above account.

 

There are default charges included in the total you are claiming. Such default charges are penalties and, as such, they are unenforceable at law. I enclose a spreadsheet showing the penalties and associated contractual interest.

 

Penalty charges amount to £xxx and the related compound contractual interest that I am entitled to reclaim in addition amounts to £xxx. This makes a total of £xxxx which should be deducted from the amount you are claiming from me leaving a net balance owed to you of £xxxx.

 

Furthermore, I note the significant and increasing amounts of "solicitors interim legal fees" added to the account. They total over £13,000 and I require a detailed breakdown of these fees.

 

When I have your considered response to these points, I shall write further.

 

:-)


We could do with some help from you

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