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    • So with a long working history, which she can evidence, it should not be a problem. Still have to go though HRT process for any benefit application, if they have been out of the UK for more than 6 weeks. It won't be a smooth process though. Suggest they try to get advice via Embassy, before they start any journey.
    • Dep Thx Eric's Brother. There was a person on this forum who told me his case was thrown out at the same court because of the contract. I requested more info, but he has disappeared since his case was dismissed.  I was just wondering whether it was worth whacking off a letter to IPS pointing out one of their members, using their logo, is making a claim based on illegal signage and other issues in contravention of their Code of Practice. Would they lean on VCS to withdraw, do you think?
    • Mother and father worked here and then went to SA in about 1978 returning to UK in about 1996 and worked here until 2016 when her husband died at age 66.  He was still working at the time.  She then went to live with daughter in SA.  Mother only claims for her pension. 
    • Thanks, I owe the money, no issue with that, I will SAR the company.  If I need to just pay it and have the CCJ for a few years so be it.  Just thought I'd explore all options
    • By the way you wrote that post, i can see that you are as confused by the situation as someone reading it. Important advice must be not to pay for any flights etc, until they understand the situation fully. Those that have British passports could be entitled to receive UK benefits. However, nothing is that straightforward. The passport does guarantee anything. The daughter could be entitled to Universal Credit ( which includes housing) as a British passport holder, but this can only be confirmed when she has gone through the Habitual Residency test (HRT). So you will need to read about HRT for British passport holders returning to the UK. There will be requirements to provide information about why they are returning to the UK and what work searches have they done to find work on their return to the UK. In regard to the mother who has a British passport, you will be correct in presuming that no council is going to be helpful in paying for the care home fees immediately on arrival in the UK. When did the mother last live in the UK ? When did the mother last work in the UK ? British embassy in South Africa may be able to provide information and assist with applications ? Just getting on a plane, landing in the UK and expecting help to resolve their situation, would be a silly thing to do. I can see the mother ending up in an NHS hospital for a period, while people wondered how they were going to deal with the situation. Probably not the first to do this, but if the mother also has a South African passport, they could put her on a plane back to SA and then the Daughter would be a difficult situation. Embassy in South Africa must be first place of advice.
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Baz1994

BlackHorse Secured Loan now with Skye Loans Limited

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DPA probably, they would not be allowed to divulge information in case it breached DPA.

 

As 2nd lender tho would they only need to check the lenders credit file to find out how much was owing on the mortgage?, then work out what house was worth to see if repo was a viable option.

 

I only ask as i dont know what a lender can or cant see when doing a credit check, can they see the accounts as you or i would see our own say via noddle/clearscore?


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and the rest we cant see too!!

 

 

dx


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

 

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and the rest we cant see too!!

 

 

dx

 

well yes, that would make sense


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OK many thanks for comments and clarification.

 

Hence why I mentioned details from main lender refusing request from Skye as wasn't sure where we stood.

 

We are quite happy to negotiate increased payments if arrears are proven but not happy with Skye's request for bank statements, as feel this is private and confidential.

 

We have no problem submitting I & E and payslips.

 

and nothing in T & C's regarding sale of loan / mortgage to another company, so does this not matter ?

 

Also should all T & C's conditions be transferred over ? Skye do not seem to include any rebate of interest payable on their early redemption statements, where as BH did.

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Today received a further response to our SAR from Skye.

 

Now what concerns me is the comments regarding the bullying conversation details with my OH. She was told it was being recorded.

 

The details received with SAR were only scratchpad / typed notes whilst the person concerned was discussing with OH. So I requested actual conversation recording / or detailed transcript.

 

I have already an ongoing complaint with Skye regarding distress caused to OH and other issues in which is still being investigated.

 

Do I wait for the outcome or do I again request further re SAR ? Or do I refer now to the FCA / Ombudsman ?

 

I can assure you the actual conversation was awful for my OH and had her in tears. Suggesting taking in a lodger / renting room out, selling the house, getting a second job and threats etc. Surely they cannot get away with talking to people like this and something needs to be done urgently.

 

Is there other guidelines regarding this that they should be abiding to ? If so please can someone kindly advise link what would apply so I can address as soon as possible as Skye seem to pressurise the circumstances without any understanding.

 

I have attached SAR further response from Skye.

 

Thank-you for your help.

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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 ?

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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


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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 :shock:

 

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 :???:

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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

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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.


PLEASE HELP US TO KEEP THIS SITE RUNNING

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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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 ?

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a belated :bump:

 

Thanks

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


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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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.

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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


PLEASE HELP US TO KEEP THIS SITE RUNNING

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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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

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Yes seems normal practice these days.

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


PLEASE HELP US TO KEEP THIS SITE RUNNING

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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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

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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 ?

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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.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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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.

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quite incredible!!

that is bad!!

 

 

dx


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

 

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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.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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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.

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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.

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