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NRAM: Field Agent Visits and Charges caused me to suffer a stroke


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I got divorced around 5 years ago and agreed to take over the house we both owned and move back in

as it was too small for the ex wife and the children to live in.

 

 

Around 4 years ago I took full custody of our 3 children but the house was only 2 bedrooms

so I had to make some small alterations to split a bedroom to increase capacity.

 

During this process I missed a mortgage payment as I was financially stretched with taking the children on full time unexpectedly.

At the same time I had put in a PPI claim for £2500 with NRAM because of miss sold sickness insurance.

 

 

NRAM admitted that it was miss sold but explained that as it was a joint mortgage they would only send me a cheque for half the money,

I was not happy about this as this was my claim as 'I' was holding them fully accountable for the money I had paid for this insurance.

 

 

It was not a claim from me and my ex wife it was a claim from me,

I believed that they should pay me and if my ex wife ever decided to make a claim

then that would be for her and the bank to argue but this was my claim.

 

 

They refused to budge and sent a cheque for half the money owed and said that they would keep the rest or send it to the ex if she asked.

 

 

At the same time they were demanding the missed payment from me so I asked them to pay themselves out of the other half of the money

they owed me but again they refused so the missed payment remains.

 

I have explained to them numerous times over the last 4 years that my money is that tight with raising my family alone

that I can not afford to make any payment toward the arrears but that I was trying to decorate the house

so that I could sell or be able to remortgage as at the moment there is not enough equity in the property for me to to anything with it

but once I could sell or remortgage the arrears would be cleared unless they took it out of my PPI money.

 

I paid £10 off my arreas in order for the outstanding amount to be slighty less than 1 month so that it would not be marked on my credit file.

I assured them that I would never miss another payment which they were happy with

and I have carried on paying every payment for the last 4 years without a problem.

 

Around 9 months ago I had a letter stating that they were goingt to send a field agent to my home at a charge of £50 to discuss my account,

I rang and explained that I did not need to see a field agent as I had explained the situation to them

and that I had made every payment for the last 4 years.

 

 

They told me they were sending a field agent whether I wanted one or not,

they did not arrange a time and I was at work when he visited so I missed the visit and got charged £50 for the pleasure,

 

 

this has continued every few months where they send me a letter stating another agent will visit,

no mention of a day or time and another £50 being added each time.

 

This has been causing me a great deal of stress as money is already tight and I have been doing all I can to make my mortgage payments every month

so I should not be classed as a high risk customer,

 

 

missing 1 payment in 11 years of being with them is not someone who i feel should be having field agent

and field agent sent out to me adding unnecessary expense onto my already tight situation.

 

So far NRAM have laughed off my complaints of their bullying and sneaky tactics of taking more money from me.

 

This has had me so stressed and concerned that I wrote my last letter to them on the 2nd March

complaining about the unecessary field agent visits and charges and followed that letter with a phone call

complaining that I do not need anyone visiting my home and explaining that the arrears would be paid

when I sold my home which I have been trying to do for a while.

 

 

Following that conversation I suffered a sudden stroke on the 5th March (bearing in mind I am only 35 and healthy)

that they believe could have resulted from being overly stressed, this being the only thing that I have been stressed about.

 

Am I within my rights to take my complaint further and actually seek compensation for the unecessary stress

that they have been putting me under due to the fact that they very nearly killed me because of the stress that their actions caused me?

 

Any advice or opinions on the above would be appreciated.

 

Sorry for it being so long...

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you can certainly put in a claim for ALL the arrears fee

visit fees

and any other fixed sum fee they have levied you.

 

 

have you all the statements.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?296108-Hot-news-for-anyone-who-has-suffered-mortgage-arrears-charges-irresponsible-lending-or-other-unfair-lender-conduct

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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has a formal complaint been made, and their fiinal decision made?

could consider harrasment/excessive collection activities (as per that case) as you have advised of financial difficulties. they are supposed to take such into account and act accordingly. see for eg the FCA guides.

IMO

:-):rant:

 

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Yes I have made 2 complaints about this stating what I plan to do with regard selling the house in order to clear the arrears. My main issue is that my account is less than one month in arrears and every payment has been made for the last 4 years so I have a good payment history so I think it is unfair for them to suddenly start arranging field agent visits to inflate my balance and try and bully me into paying more money than I can currently afford.

 

Yes i have all the annual account statements somewhere but I would have to dig them out.

 

How would I stand with regard to claining compensation for the stroke from them because of their harrasment as I think it is a clear abuse of process and I am fortunate to still be alive and I blame them for this 100%

 

I remember reading somewhere within the FSA and MCOB guidelines that a field agent visit should only be attempted after numerous missed payments (mine is less than 1) and that the customer is aware that he has the right to cancel an agent from visiting his home so that charges are not necessary (they said that I could not cancel). I also read in the Financial Conduct Authority's Consumer Credit Sourcebook that it is an unfair and improper business practice to send a field agent to somebody's home against their wishes?

 

Would this help me take this complaint further, I am confident that I can claim back the fees but I feel strongly that they should be held to account for the added unnecessary stress this has caused me and the awful outcome this stress caused me to suffer.

 

thanks for your help as always.

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You don't have a claim for the stroke - it's too remote and was not foreseeable. So whilst you think it's their fault, the law won't.

 

You have a claim for the field visits, particularly as you told them categorically not to send anyone.

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did the ppi cover both you and your wife or just you, If it only covered you then it is all yours

 

this may help you too

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?296108-Hot-news-for-anyone-who-has-suffered-mortgage-arrears-charges-irresponsible-lending-or-other-unfair-lender-conduct

 

The attachment below is a fine (by the then FSA) placed on another mortgage company for its unlawful charges

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

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Hi,

Why not have a read of this section from MCOB which all mortgage providers are supposed to follow.

 

https://fshandbook.info/FS/html/FCA/MCOB/13

 

Look through the relevant bits and jot down where you think they have erred then add it into the complaint. If they reject you, you can go the the Ombudsman or take them to court but you must be 100% sure of your grounds before going the latter route.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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