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    • I'm trying to work this out as I go along. The first thing to do is to think about this not as a car – but simply as a £value. This is especially so as you have said that it is not a rare BMW. This means that you could purchase another one and it would mean just the same to you. You bought the car for £16,000 – and presumably that was the value you gave to the insurance when you bought the policy – is that correct? If that is the value you gave to the insurer then on my understanding of these things, that is the maximum you would be entitled to claim. This is the amount you got so although you lost the car (£16,000), it was fully replaced by the payment of £16,000 – minus, of course, the excess – but that was part of the deal anyway. I've looked at the RAC website for the meaning of the various categories - https://www.rac.co.uk/drive/advice/buying-and-selling-guides/changes-to-insurance-write-off-categories/   I see that a Cat S means that there could be structural damage. Cat B means that the car must be broken for parts. You say you would like to get the car back because you consider that it can be repaired. Personally I think I would be very worried about this because if there has been one inspection which is rated it as a breaker and the second one rates it as having possible structural damage – but repairable – it seems to me that there is a huge risk involved. Supposing you got the car back and proceeded to repair it but in fact found that there was some structural distortion so that the geometry of the car made it difficult to drive. You would then have a real lemon on your hands – and of course you would have allowed a fair amount of money and trouble into getting it going. Apart from the fact that Hastings behaviour is all rather suspicious – I'm struggling to see what loss you have taken on this. You would have had to pay the excess anyway – in any event. You have now received £16,000 payment so you are in a zero-loss situation and you could simply go out and hunt around for another car for the same money. The only thing that I could see which could complicate matters is if you come back and tell us that in fact the car was a huge bargain and that it would cost you more than £16,000 to replace it. But in that case I would have to ask why did you only insure it for £16,000? The second complicating factor might be that in the four months that you had it, he spent a lot of money on improvements and you have managed to recover that. Maybe you could let us have your comments on this and also let me know if there is anything which I've misunderstood  
    • Well today is the 20th so let us know if you have had a disclosure by the end of the day.   Of course you can bring a claim for breach of statutory duty – but in order for it to be a small claim you would have to claim an amount in financial compensation. Luckily under the data protection laws you can claim for distress without having to prove any physical damage or economic loss. I happen to know that you have some experience of bringing a successful data protection claim in the past - which was settled quite advantageously out-of-court. If you want to bring a small claim then I would suggest that you would have to alleged the distress and claim for, say, £50 – but it is a bit early to do this. You certainly would have to send them a letter of claim and give them 14 days.
    • What is the name of the car dealership please – I think you have already been asked this. Also, didn't you record the call? You've been here since 2006 and our customer services guide has been around since almost that time. It is always going to be very difficult to get hold of a recording of a conversation which Incriminates the company that you are trying to retrieve it from.
    • Hi.   While we're waiting for the experts, can I ask a couple of questions please?   Can you tell us which documents you've returned to the police? I assume you've admitted to being the driver.   Are you saying you were never asked to produce your licence and insurance at a police station? I don't know if it's still called an HORT/1 but that's what I was given when I needed to show documentation.   I've put some numbering into your first post for the various points you've raised.   HB
    • 😮  £ 3551!!!!  she  needed loan for a headstone for her daughter and      a   car as hers  has had it
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eggy12

Birmingham midshires Eviction **still in house, all sorted **

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Hi all,

Im with Birmingham Midshires and over the last couple of years have lots of fee's added. Sent of SAR and got back account histoy for both main mortgage and secued.. Lots of fee's, late payment/returned dd etc.

What i was hoping for, because im in arreas was to claim these back and pay off the arreas.

Now where im confused is that I have not paid these charges like i would do with a bank account, they have been added on to my mortgage. So what will happen.. Will they just knock the charges of the account or could i get them to reduce the mortgage arreas with them ?

 

Unsure what to do so any help will be appriciated

Thanks

eggy12

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they have added them to the mortgage so you are paying them off, every month we make a payment is paying them off.

 

but they will just remove the charges from the debt. which should bring down your repayment each month. as you will owe less on a repayment mortgage.

 

im in the same boat with Barclays. and Mrsfoot and others have helped me understand this problem. also claim 8% interest added for these charges.

 

so will you still be in arrears after this money is removed from the account, thats something i would like to know.

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just had a thought in my terms and conditions for my mortgage it states something about if i want to pay the charge i can.

 

but when i get a letter they don't say this they just say and i quote

 

" A fee of £40 is charged each month an account is in arrears, the fee is added to the amount owing on the mortgage, but we will not change your mortgage payments at this stage, the fee covers the additional administration work involved including letters, calls and amendments to the mortgage records. intrest is also charged on the arrears outstanding on your mortgage."

 

it does not mention at anytime i can pay this charge so as not to gain more interest on my mortgage each year. surely they should tell me i have an option to pay the charge once it has been added. so is this seen as unfair. will the new BERR Regulations on the 26th of may cover banks. as it is a business that is treating customers unfairly.

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What i got in my mortgage statement says ASSESS FEE (Administration fee being debited to the account) ... Im getting hit for 35/£40 everytime i miss a payment.. Under that it says CAPITALISATION (Any fees or interest is added into the interest bearing balance).. The assesse fee is telling me im being charged and the capitalisation is just putting it on the mortgage, or at least thats what i think it means.. So back to my question will they actually just knock the charges off the main mortgage or will it reduce/clear the arreas first then anything left over gets taken off main mortgage..

but they will just remove the charges from the debt. which should bring down your repayment each month. as you will owe less on a repayment mortgage.

Leaves me thinking all they do is wipe of the charges but im still left with the arreas..

Sorry for not understanding properly

eggy12

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Hi, that is what will happen. The charges have been added to your outstanding mortgage and interest will have been added to them. So once the account is restructured the charges will be refunded and so should the interest - but to the account balance and not offset against your arrears. If you think about it if they had added the charges to your arrears the arrears would have been much higher. As the outstanding balance will drop accordingly it might make a difference to your monthly payment and reduce the arrears in that way.

 

I hope that makes sense;)


BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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i am currently with Birmingham Midshires. I have received very similar charges to yourself. They calculate to about £550. I have a few concerns with claiming from my mortgage supplier. Will they close the account if it goes into arrears and what is the worst they can do ????

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hello,

I too am with Birmingham midshires---having faced massive charges since my troubles began back in nov 07- they have since gone for re-possession and order has been granted--- i am now trying to ensure that they at least accept a repaymnet proposal so will not rock the boat by disputing charges- however- once settled , whichever way the repossession goes i do then intend to try and get back from them any unfair charges---

 

Once again , any advice appreciated

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As far as I know most mortgage companies add the charges onto the outstanding balance but not onto the arrears from missed payments. Claims for charges refunds will be refunded to the outstanding balance, which will help but will not alleviate any arrears situation. I don't think it will be an issue claiming them back while the account is still active, but I would wait until the dust has settled with the repossession unless it is going to make any difference to the arrears.

 

One thought though, if you had mis-sold PPI on the mortgage that would most definitely affect the arrears:rolleyes:


BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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many thanks- i'll await the issue of my repossession to be settled prior to making the claim for a refund in chrarges

thanks

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hello,

I too am with Birmingham midshires---having faced massive charges since my troubles began back in nov 07- they have since gone for re-possession and order has been granted--- i am now trying to ensure that they at least accept a repaymnet proposal so will not rock the boat by disputing charges- however- once settled , whichever way the repossession goes i do then intend to try and get back from them any unfair charges---

 

Once again , any advice appreciated

 

 

C&G v Norgan (CA) allows the court to spread the arrears payments over the remaining term of the mortgage if this is necessary. I would make the court aware of this case.

 

 

Worth a read.

 

MAN OF STEEL HAS WON ON PENALTIES - Mirror.co.uk


An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Hi im to attend court tomorrow for a re possession hearing.. Now an arrangement has been made so all looks well, let me explain

 

I have 2 mortgages with Birmingham Midshires

 

Im Self employed in the building industry and the last 3 years have been hell, I also live on my own.

Ive always kept in touch as best i could with Birmingham Midshires and they have been very helpful in return. They took me to court in 08 but again an agreement was reached and a court order set for a year. This year i have paid as much as i can each month with "most" months paying full and agreed arrears repayments, some on time some a week or two later having spoke to them and agreeing this.

Now this is what has happened the last few months.

 

Agreement set up starting March.

I made March, April and May payments but failed in June due to lack of work. Now a letter that is dated 15th July that states Repossession Proceedings Issued that is attached to the court papers that I DID NOT RECIEVE and an Urgent ACT NOW letter showing payments from last 2 years that I also did not recieve !!

 

On the 19th July I recieved a phone call from BM asking if my circumstances had changed and i relied Yes, I have £550 that i got from a tax rebate and made the payments to both mortgages without arrears extra. The chap said something about Court and I was horrified and said "what its going to court" and he replied "No but it is being monitored" ! He the said I need to redo my I & E so I said that I wont be able to till Friday(that day being Monday) as im about to start a big contract on Fridaybut wont no how much i will be earning untill then, He told me ok and that was that..

The next day (Tues ) is when i got the solicitors letter telling me its going to Court.. !!

 

Could not get through to BM on Friday so rang first thing sat morning and arranged a repayment plan and was told they will go for a court order again, I asked if I should contact their solicitors and she said they have access to my accounts so will no !

I tried to ring them the following week but could not get through so took the ladys word for it.. Now on Friday 3rd of Sept(3 days ago) ive not heard anything from solicitors so thought i better ring, They DID NOT NO ANYTHING about the arrangement and only looked after i told them that BM said they had access to accounts and should no ! Now he told me there would go for court order but this time they want it for 6 years or untill i pay the arrears off !! In this economic climate i stand no chance !

 

The judge will obviously take circumstances into account regarding my work but what chances have I got of persuading him to order the arrears back onto my mortgage as BM say no, if that happened it would give me time to get savings in order for any dry spells i will get at work as if i pay all toward arrears i cannot save anything !!

 

Any help or advice is greatly appriciated

 

Thanks

 

Eggy12

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Hi quick run down

 

Received letter from solicitors saying they have been told to press forward with eviction.

 

Rang them (Everards) quite helpful and they told me where I stand at this time.

 

Rang Mortgage company (Birmingham midshires) and spoke to collections.

 

Explained that the building trade has picked up and i have an offer (starting Monday) of ongoing work

throughout the coming year and more, and can start making weekly payments towards arrears of 160 per month

plus paying the payments on main and second accounts.

 

She said that she can only make a note on file what I have offered as I cannot make a payment today,

(starting work Monday, get paid on the friday) and calls will be held off till the 12th (payday on the 14th)

 

She told me March 10th is going to be the date for/or eviction to be started

and needs me to get as many payments in before that time as she can only put notes on file till I make a payment

and then maybe a agreement can be put into place.

 

Main mortgage is 17 months behind and second is alot smaller, around £8000 for both.

 

Have been making payments last 12 months , sometimes making full payments and over and some times (not often) a little less per month.

 

Now I have this offer of bigger payments 99% guaranteed per month would you think they will still go ahead and if so would a judge see differently ?

 

Everything was fine untill Dec as only paid half for that month and nothing for Jan yet

now I know I have alot of work coming in and regular money

and can also offer them an extra payment in April of £1000 towards the arreas.

 

No Eviction notice as yet, I believe that to be coming from the March 10th onwards.

 

How do you think I stand on the matter ?

 

Regards

 

Eggy12

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If you can show you are in a position to make payments towards the arrears going forward then it's very unlikely you would lose your home. When will you next be able to make a payment ?

 

 

How long is left on the mortgage?

Is the mortgage in joint names

Are there any dependent children living in the property ?


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hi will be home in a couple of hours. On mobile at the moment, thanks for the reply

 

I can start paying on the 14th and each week after that a set amount to cover the monthly payments and arrears (all told £700 a month, 540 morgages and 160 towards arrears)

 

Between 8 and 9 years left

 

Just in my name I live on my own

 

just to add I am self employed

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Got the eviction letter delivered , Rang BM and had a chat.. Told them I have a letter confirming i have lots of work from contractor im now working for, they seemed ok as always and told me to wait for contact from there team who will go over stuff with me and make a decision from there..

All I have to do now is I&E and see what happens, feel very positive today

 

Fingers crossed

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Have a card posted from Ascent contact asking me to get in touch, is this from someone just seeking money from me or someone I should get in touch with ?

 

I have rang BM and paid the £170 per week towards mortgage and arrears as I said I would last few weeks, Got together the I&E along with letter from contractor and ready to send to BM so why should I get in contact to this other firm..

 

I have until the 18th of this month before the eviction, what I intend to do is send (recorded) all information to BM and Everards my offer and evidence and wait till end of week and if no contact from them or when I ring them on Friday to make another payment go along the 244 route, I take it the court will get me in within 7 days to here my case ?

 

BM told me last week to wait for contact from there team, is there team Ascent ?

 

Regards

Eggy12

 

Also regarding charges, if this goes in my favor can I ask for charges to be given back.. There must be 7 years at least of charges added to my account ?

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Ascent guy is third party and i am sure the fee will be added to you account for this too. I am in the same process with BM, Ascent guy came in and made I E statement with me, as I on JSA so there wasnt much i could offer, but i still made some token money offer to pay, he agreed but its not up to him. He actually come to just to fill in a mandatory requirement on part of lender. After this proposal, i promptly paid by due date but then received letter from BM that they dont accept this arrangement and going for eviction from onward they moved quickly and applied to court.

 

So if you have already received the court notice, fill in N244 and apply at court to suspend eviction with all evidence of your employment and income statement. There is good team here who can help.

 

Following is also helpful thread.

http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession

Edited by libra007
correction

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eggy12, Yes most charges are reclaimable, "Late payments", "Rep visits". Check your statements, you will be surprised what they have "Added" to help you in to your current position.

I'm trying to get the above back from BM, but they are just giving me the "Run around". Give up "No chance".

Get your money back.

Good luck.

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Ok thanks for that much appreciated. Will wait for after eviction date to go along the fees claim back as no time at all on my hands at the mo !! Damb work gets in the way of everything :)

 

Letter to BM off tomorrow recorded next day to BM Eviction team

 

Cover letter as follows along with letter from contractor and I&E

 

Eviction date 18-March-2014

 

Dear Sirs,

 

With regard to the above matter I enclose my proposals to clear the arrears on both my accounts.

Please see enclosed I&E sheet, you will see i am now in a position to pay a bigger sum as I no longer have to pay maintenance towards my son as he has now left school and has a full time job.

 

The arrears have built up due to the construction housing down fall and economic crisis over the last number of years that now have improved considerably to the extent that I now find myself working week in and week out and feel confident I can now pay on time each month via direct debit.

 

The contractor I am now working for has written a letter to show I have a good future working for him for a long time to come and I have also enclosed a copy of this for your reference.

 

I offer as seen in the I&E payments towards the arrears of £140 per month, £100 toward the main mortgage and £40 per month to the second mortgage on top of the normal monthly payments. I calculate the second mortgage to be arrears free in under 2 years and therefore the £40 per month can be added to the main mortgage arrears after this time totalling £140 per month.

 

I ask that you withdraw the Eviction so I have no need to pay costs toward the N244 asking a Judge to consider the outcome, with this being the case I enclose my banking details for yourselves to set up a direct debit to pay the above sums as described above.

If you consider my offer not to be sufficient I will find myself in a position that I will re-apply to the Court to suspend repossession on the grounds I can pay off the arrears over the term of the mortgage as case law regarding Cheltenham & Glocuester v Norgan . I hope this will not be necessary as I feel and have great respect for all the BM team I have spoken to and wish to stay with you for the remaining period of my mortgage term with no more financial issues on my side.

I trust you will be able to respond positively to my request for help and look forward to receiving

your written acceptance of the above proposal. How you respond to my request will, of course,

be reported to the court in defence of the eviction notice.

 

I await your rapid response to this offer, preferred by email followed by letter to cut time.

 

**email add**

 

Banking details for direct debit starting 17th April 2014 (I will continue making weekly payments up until 17th March as have done in last weeks to the total of £170 per week and keep in touch with your team to make the payments)

 

Sort code: *************

Account Number ***********

 

Yours faithfully

 

Eggy12

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Been in touch with there eviction team, said they wanted money up front, said whats the minimum they would accept and they said £1.6k minus what I have paid already making it £996 !

 

Told them the court route and judge would not make me pay up front, they said the could not comment on that.

 

Now I could raise that figure, would just leave me a bit in the sh*t for a few weeks but could still keep payment plan up as the first payment would not be paid till April 17th.

 

Do I need to get this agreement in writing from them ? Don't want them going back on there word, dont know if anyone has had this done to them, paid out a sum only for them to carry on regardless !

 

Thanks Eggy12

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rang through last week and was told to pay 996 , rang through on Tues to clarify and was told 775, rang to pay today and was told 775 main and 131 , thought that don't up to 996 so told them i thought the 775 was the full payment for both accounts.. Got put on hold for five minutes and was then told 775 is ok for both accounts.. Paid up and was told eviction cancelled

. Hope so, its set for tuesday midday. :)

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Ring the court on Monday and check


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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yes will ring eversheds in morning to see if messagegot through to them as promised also

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still in house, all sorted ....

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Got a letter from BM today, says

 

We did not send you the Notice of default sum, that we should have according to the consumer credit act blah blah blah

 

Im sorry this has happened and we have now enclosed a notice of default sums which includes all the dates when you were charged a default sum.

 

 

Loads of £35 charges totalling a snatch over £500 and this is just my second mortgage/secured personal loan.. I dread to see what my main mortgage charges compiles of, this one dates back to 2009.

 

Is this something I can take advantage of as have arrears on both ?

 

Regards

Eggy12

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