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    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
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Mis Sold Mortgage


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I've 3 secured loans on my property with my mortgage lender.

 

They are in arrears and I'm being charged 60 pound a month for this on each loan plus interest on this 60 pound and the interest on the loan.

 

Do I complain to my mortgage lender or go straight to the FSA?

 

or somewhere else?

 

I've been looking into my mortgage to see if it's been mis sold.

 

i was sold a remortgage prior to this I only had a secured loan on my property with my current mortgage lender.

 

They sent out a direct mail addressed to my husband and myself stating what this would be with figures if we moved the mortgage to them.

 

I did remortgage with them on a self certification mortgage there was monies released on the mortgage which covered some home improvements but they also said that I could pay off some loans so these were included too into the mortgage.

 

The illustrations states

 

'We recommend 'Having assessed your needs that you take out this mortgage.

They didn't discuss any other mortgages with me.

 

It was for 16yrs so it goes over retirement age mine to 64yrs and my husband 67 yrs.

 

It had an early redemption fee in the first 3 years.

 

The illustration on it states

'The terms of this Mortgage reflects past or present financial difficulties'

 

I did not or my husband have any financial difficulties back then.

 

I've been looking into this and seen that Mortgage lenders are not supposed to put people with unblemished credit files into the sub prime market.

 

I have been in touch with a solicitor because I was looking into suing them for professional negligence but the solicitor seemed to think it could of been mis sold.

 

I found a letter from The company they regonized that there was a possibiilty of this back in 2008/9.

 

I've been looking into my mortgage to see if it's been mis sold.

 

i was sold a remortgage

prior to this I only had a secured loan on my property with my current mortgage lender.

 

They sent out a direct mail addressed to my husband and myself stating what this would be with figures if we moved the mortgage to them

 

I'd bought my house on a right to buy from my council in 2004 but my mortgage was with someone else

.I remortgage with them on a self certification mortgage there was monies released on the mortgage which covered some home improvements but they also said that I could consolidate some loans so these were included too into the mortgage along with the completion/legal/other fees.

 

The illustrations states

'We recommend'Having assessed your needs that you take out this mortgage.

They didn't discuss any other mortgages with me.

It was for 16yrs so it goes over retirement age mine to 64yrs and my husband 67 yrs.

It had an early redemption fee in the first 3 years.

 

The illustration on it states

'The terms of this Mortgage reflects past or present financial difficulties

'I did not or my husband have any financial difficulties back then.

 

I've been looking into this and seen that Mortgage lenders are not supposed to put people with unblemished credit files into the sub prime market.

 

I have been in touch with a solicitor because I was looking into suing them for professional negligence but the solicitor seemed to think it could of been mis sold.

 

I found a letter from The company they regonised that there was a possibility of this back in 2008/9.

I 've requested all the info the company has on me some they say they don't have to give to me.

 

One piece of paper is the Analysis and Assessment of the person who sold it.

It's signed and dated by her but not counter signed by the company leader confirmation to state that it was appropriate.

 

The company also states that it alllows the person who sold the mortgage to self declare for myself and my husband the income.

 

I do not have a self certification certificate as I have for other secured loans with this company and I do not recall filling one in either.

 

The person who sold it just wanted bank statements

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You need to complain directly to the mortgage lender. When you have their final response, you can go to the Financial Ombudsman Service. If there are genuine grounds to bring a legal claim then you would be able to go to court but impossible to say without more details.

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Hello Angel

 

As Steampowered has said, you need to complain to the lender first allowing them 8 weeks to respond or resolve your complaint. Once you have done that you can then complain to the FOS.

 

You have mentioned to the FSA, as these are secured loans - (2nd charge) and not a 1st charge mortgage, it is unlikely that they were regulated by the FSA. However, if there is a repayment agreement in place, you could refer to the FSA view that charges should not be applied whilst a repayment agreement is in place. The FOS should give it consideration on that basis.

 

Yes Mark, I am Bones

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I've my mortgage with the same company which is in arrears the 3 secured loans are with the same company the loans have been in arrears for over 3 years.

 

They said that as the mortgage was with them if they took me to court they'd get the house and the loans would be paid if the house was sold

 

.I did go to court about the house but I'd complained about the handling of my mortgage account to the FSA so they couldn't go any further to get a possession order.

 

If I posted a copy of my secured loan agreement on here would anyone be able to see if anything is wrong with it.

 

Are you not allowed to do that?

 

I'd omit my name and mortgage lender.

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They were for a possession order on the property.The Judge just said that it could be restored at a later date.I'm awaiting a final decision on my mortgage lenders approach to my mortgage account.It has got very complicated.

 

[ATTACH=CONFIG]43322[/ATTACH]

 

This is a secured loan agreement which I have with My Mortgage Lender.

Details state A:amount of credit £12.500.00 [email protected]% variable

A:interest Charges £26.158.20

B:Legal Fees £ 95.00

C:Broker Arrangement Fee £ 1.250.00

Total Charge for Credit A+B+C £27.503.20.interest [email protected]% variable

Is this correct?

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