Black Horse Secured Loan / 2nd Mortgage arrears dispute FOS complaint

[Baz1994]

Additionally if an account is in dispute / Formal Complaint, do Skye have to refrain from adding charges and proceeding with legal action ?

 

On written responses received so far regarding Subject Access Request, there is no mention of referring to FOS / FCA if need be ?

[martin2006]

https://ico.org.uk/media/for-organisations/documents/1065/subject-access-code-of-practice.pdf

 

It would be the ICO that any SAR complaint went not FOS

 

See the above for ICO SAR guidelines

[Baz1994]

Thanks martin2006

 

Sorry was meant to add ICO.

 

I spoke to the ICO yesterday.

 

Apparently it is not a requirement to provide detailed telephone conversation transcripts or any other format of conversation. Something I did not realise

 

When I mentioned it was due to important request for certain dialogue regarding my complaint, they only suggested that I go back to Skye again and mention this but do not have to provide under data protection

[Baz1994]

Also regarding copy of letter in post #80 (Point 2,4 & 5) Sale Agreement / Notice of Assignment etc is that correct in what they have replied ?

 

We did receive a letter from both BH and Skye advising of transfer of loan / mortgage and that T & C's remain the same but no assignment details.

 

Skye fees / charges are more, they do not include rebate of interest on early settlements hence our concerns.

 

Would there have been certain legal rights that were assigned to the purchaser? I know Deeds of Assignment are not all standard but would they contain various 'conditions' affecting what the buyer can and can't do with the loan afterwards ?

 

Should there be something in the T & C's stating that loan can be sold? We asked for confirmation but they have avoided answering.

 

Thanks for any assistance

[martin2006]

Sadly baz they can and do sell loans all the time and the new owner can change the fees they charge providing they give you notice they are doing so.

 

I doubt you will ever see the Deed of Assignment as its a document between the 2 companies which you would not be privy to.

[Baz1994]

Ok and thanks again martin2006.

 

I just find it misleading when both parties state no change in T & C's, yet already I have found discrepancies.

 

Regarding the fees and charges, this only came to light when I requested details.

 

I thought as much regarding the deed of assignment but still thought that any sale etc should have been stated in the T & C's.

 

Now amongst our SAR paperwork I have found an early redemption figure statement (we requested it recently) in which for some reason was not sent to us, in which Skye do not include any rebate of interest yet BH did before it was sold ? Surely same conditions should apply ?

[Baz1994]

a belated

 

Thanks

[martin2006]

Did you receive a set of t's & c's from skye when it was transferred ?

[Baz1994]

Did you receive a set of t's & c's from skye when it was transferred ?

 

No martin2006

 

Just an introductory letter.

 

I had to ask both BHG and Skye for details. I eventually received a photocopied 'Standard loan terms' LG 12/9/01, after BHG originally advised that they had no details?

 

And apparently Skye are not regulated so have appointed Capita Mortgages Services Limited (CMS) to administer mortgage, who are regulated by the FCA.

[martin2006]

Would it be possible for you to post a bullet pointed recap of where this is all at please and what your best outcome would be. I wouldn't normally ask but its a long thread and it will hopefully save time when the team are responding if we dont have to read the thread through its entirety.

With so many other threads being dealt with at the same time by the team, i think it will be a huge help for us.

Thanks

Martin

[Baz1994]

Ok martin2006 I will do later and will keep it as brief as possible.

 

In the meantime, can two parties do business / administer loans / mortgages if one is only regulated?

 

Who are Skye Loans Limited? No website details and not much to read up on. All I know is that they administrate 2nd charge mortgages? They don't actually sell loans so a bit confused.

 

Thanks

[martin2006]

Yes seems normal practice these days.

If they dont hold a licence themselves they usuaully appoint a firm who does

[Baz1994]

Yes seems normal practice these days.

If they dont hold a licence themselves they usuaully appoint a firm who does

 

Ok and thanks again martin2006

 

I will get back to you later with recap details.

 

Cheers

[Baz1994]

I have an ongoing dispute with 2nd charge / secured loan company regarding outstanding arrears.

 

Submitted Formal Complaint.

 

Response received and no mention that it is final but do mention that I have six months to refer to FOS.

 

I went back to them with my response to their findings before deciding whether to refer to FOS.

 

No reply yet from them apart from today receiving a letter from their arrears department stating that I have 21 days to pay the arrears or they will instruct solicitors to proceed with repossession.

 

My question is, if a dispute is still ongoing including option to still refer to the ombudsman can they still carry out their actions / threats?

 

Thank-you for looking.

[Baz1994]

Sorry for delay in response but had something else urgent to attend to.

 

I will provide recap details hopefully by tomorrow.

 

In the meantime and further to Skye's response to my complaint, I replied with further questions to their comments but advised that if still not happy then I would send to the Ombudsman..

 

Original letter did not state that it was Final but they did mention that I had six months to refer to FOS if not satisfied.

 

Today I received another letter from a different area, their arrears department (complaint with customer services) giving me 21 days to pay up or they will instruct solicitors etc

 

Now if an account is in dispute and can still involve FOS, can they still proceed with repossession ?

[martin2006]

Seems like what they sent WAS their final response and i would be surprised if they address the further questions you have raised.

 

Imho i would go to FOS now with what you have so far and raise the additional questions with them aswell.

 

FOS will want to see as much documented evidence as possible, so get scanning everything to email across to them, including the latest threatogram, worth a phone call to them first

 

In the meantime, if they issue repossession papers, come back so we can advise.

[AndyOrch]

A second mortgage or other secured loan lender has to follow certain procedures before applying to a court to repossess your home. This includes sending you a statement to let you know that you have fallen behind with the payments (a notice of sums in arrears) and a default notice.

 

Your lender must also follow the rules in the pre-action protocol.

 

A default notice should contain:

 

details of the missed payments a date by which you must clear your arrears – this must be at least 14 days away information about what happens if you don't clear the arrears within the given time

 

Act quickly as soon as you receive a default notice. At this stage, you only have a limited time before your lender takes you to court.

 

Regards

 

Andy

 

Thread moved to the appropriate forum.

[Baz1994]

A second mortgage or other secured loan lender has to follow certain procedures before applying to a court to repossess your home. This includes sending you a statement to let you know that you have fallen behind with the payments (a notice of sums in arrears) and a default notice.

 

Your lender must also follow the rules in the pre-action protocol.

 

A default notice should contain:

 

details of the missed payments a date by which you must clear your arrears – this must be at least 14 days away information about what happens if you don't clear the arrears within the given time

 

Act quickly as soon as you receive a default notice. At this stage, you only have a limited time before your lender takes you to court.

 

Regards

 

Andy

 

Thread moved to the appropriate forum.

 

Thanks Andy,

 

All they have sent is a Arrears statement of account, arrears balance details but no confirmation / breakdown of amount mentioned and debtline / shelter leaflet details.

 

I have been asking for this but they have only sent a statement.

 

Monthly payments have been made but they seem intent on chasing for payment of arrears and to also repossess our property.

 

No default notice has been submitted, just statement to pay within 21 days.

 

I eventually received an early redemption statement after various requests but they have not included rebate of any interest, just a balance to be paid. Is this correct?

 

Finally as to my earlier question regarding my complaint, can they still proceed with repossession if I refer to the Financial Ombudsman?

[Baz1994]

Seems like what they sent WAS their final response and i would be surprised if they address the further questions you have raised.

 

Imho i would go to FOS now with what you have so far and raise the additional questions with them aswell.

 

FOS will want to see as much documented evidence as possible, so get scanning everything to email across to them, including the latest threatogram, worth a phone call to them first

 

In the meantime, if they issue repossession papers, come back so we can advise.

 

Thanks again martin2006

 

I will get something off to FOS as soon as possible.

 

I have requested breakdown of the arrears ie monthly payment plus interest/charges but all I receive is a statement of account or arrears statement and balance of arrears.

 

I have now finally received an early redemption statement after various requests. On checking figures stated and presentation, it differs from one that we received from BH before the account was transferred.

 

Skye do not include any rebate of interest payable and only the balance outstanding.

 

They seem intent on pursuing either increased monthly payments, submission of IE, payslips and bank statement account details or repossession of property.

 

I am somewhat confused and concerned that customer services responded to my complaint giving 6 months to submit to FOS and then I receive a different letter from their arrears department (different person)giving 21 days until repossession starts if arrears not paid and if we don't not call them.

 

I have always requested that correspondence is to be in writing only especially due to the manner of the previous conversation with my OH that formed part of the complaint. They are very rude and tried to bully my OH even though she explained circumstances and that monthly payments were being made and arrears is only approx £2,500. They suggested that we rented one of our rooms out, my son or myself to get a better job that pays more, my 16 year old daughter to get a part-time job or to sell up as we have equity.

[dx100uk]

quite incredible!!

that is bad!!

 

 

dx

[martin2006]

When you recap like that it really is a shocking story.

 

Get it to FOS asap, ring them first then you can email evrything over.

 

I would also write back to the arrears dept and inform them that the account is currently with FOS and to hold any further action until FOS has given a decision.

 

You really do need to move quickly now to get FOS involved before any litigation is started by Skye.

[Baz1994]

Thank-you both for your comments.

 

I am currently drafting up something for FOS but will speak to them this afternoon.

 

THe last conversation between my OH and Skye really upset her and had her in tears. They were quite pushy and requested that we had to provide 3 months bank statements, pay-slips and completion of their I & E form before consideration of increased monthly payments to cover the disputed arrears of approx £2,500.

 

We requested dialogue / transcript / recording of the conversation stating the date and time but we only received brief notes in which omitted the relevant details that caused the distress. They refuse to provide anything further even thought this formed part of our complaint.

 

 

We have been making requested contractual payments and none have been missed and my OH was told that paying an extra £40 per month would cover the disputed arrears, in which we have been paying.

 

Today we have received another letter from their arrears department stating that they now cannot formally accept the increased payments being made until we have supplied the above mentioned requirements.

 

It seems that they are intent on pursuing repossession to me rather than answering our dispute in a concise manner.

 

We did ask for how many months are left on our loan and what monthly amount is payable to term end. They only replied with how many months and date of expiry but no actual monthly figure?

 

We also received and early redemption figure in which they only show a balance payable but no rebate of any interest.

 

They again state that they are willing to give us 21 days to respond before litigation.

[Baz1994]

Just an up-date to the above.

 

I have now spoken to FOS and submitted a complaint.

 

Discussed circumstances including litigation in which they said they could not stop, even though account still in dispute.

 

All they said they could do was ask Skye to refrain from their intentions until investigated but they are within their rights to refuse, which is worrying.

[Baz1994]

 

Thanks

[martin2006]

No it wont stop them but if FOS find in your favour it could make any claim they issue incorrect.