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    • So Guys, After sending the last letter as everyone else  here I got a reply from Moriartylaw with a statement that ADCB instructed them to act on their behalf and a copy of all my credit card bank statements. Not sure what to do now. They want me to respond and supply them with a list of asset and liabilities.    please the attachment of the letter. moriartylaw.jpeg.pdf
    • Okay, let me start again. In terms of planning, is it not enough to say they don't have it since it's not shown on the council site? If not, if I ring Stockport planning would they put in writing that there's no planning?   I could contact the land registry to find out who the land owner is. If I contact them directly maybe they'll tell me if they have a contract in place. If they ignore my request too then should I be doing other things to find this out?
    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – you are the owners of the house. This was in 1999. We talking about 30 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the store you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I would supply this to their solicitor that if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me that we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
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surrey_36

GE now Kensington Int Only Mortgage - trouble paying..lots of fees

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I wonder if someone can help me

- Ive got a interest only mortgage with GE MONEY which has been in arrears but OK now.

 

Over last few years have had a few payment arrangements with them and as a result they have added lots of £40.00 admin fees.

I think these add to over £2500 throughout my hardship.

I just wanted to check that was all above board, seems a bit harsh in times of hardship that they actually made more money out of me.

 

Any advice as always is appeciated!:-)

Edited by dx100uk
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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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This is interesting thank you Ive read right through it but not sure what the next step should be and if county court would see these as unfair charges, thanks foir your help 42man

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In the first instance you should tot up all the 'admin' and various penalties, and write a formal letter asking for a refund....at least if you aren't happy you should give them the chance to rectify.


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Thanks 42man thats great,

 

Im not sure that I have got all the letters still with the notifications of admin charges

 

should i write to them and ask them for a statement of account since i started the mortgage?

 

Would that be the right thing to do?

 

thanks for your help!

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A good place to start would be a SAR....(unless of course you already have FULL statements from them)


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Can anyone advise me how i go about working out how much i should be claiming back from GE money

- ive had lots of £40.00 admin charges for late payments going back to 2004.

 

Ive got a reply to the SAR request but Im not sure if i should be including interest and if so how much interest as its an interest only mortgage which the amount/rate has varied over the last few years

 

- cheers for any help out there!

Edited by dx100uk
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The process is exactly the same as your Very/NDR charges reclaim

 

Here is the spreadsheet to use.

 

CISheet v101.xls

 

The interest rate should be at least the rate they are charging you on the account


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thansk ims21 you have been helping me lots this eve!

How does the interest work if back in 2004 it was 7.45% but more recently its 2.45 % - how do i work that with the compund interest calculator?

THANKYOU V V V MUCH

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You can take an average of the rate being charged over the period of time.


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OK great thanks Ims21 - im feel slightly nervous about doing this as I had a suspended repossesion order on the house when i had to go to court some years ago, I suppose im worried i might annoy them and they might try and take the house away from me if i start demanding charges back. Is this something i should not be worrying about?

 

Is there a template letter on here that i can use for them?

 

CHEERS IMS21

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It's your call.

 

Before you make a decision have a read of the stickies in this forum.


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1. Single Premium PPI Q&A Read Here

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Read Here

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Read Here

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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:-)Thanks again ims21 - how do i get back to the stickies to read up?

I cant seem to get to them

 

Also how do i go about clicking your star?

 

cheers

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Here you go

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?171-Mortgages-and-Secured-Loans

 

The top threads all have the word "Sticky" in front of them.

 

Star is at the bottom left of each post (next to the black triangle with the ! in it :-)

  • Confused 1

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Got it thanks ims i didnt know about the star thing!

I have donated whenever i have had help but ill have to go back and add stars now! :)

 

Ive been having a read through the stickies this afternoon and found that I am certain the charges they have made have been unfair and also that perhaps they were a little hasty in taking me to court.

 

I dont know much about a suspended reposession order but do they only last for a certain amount of time

- would it have expired by now or do they last for as long as the mortgage term? I

think the court case took place around 5 years ago.

There doesnt seem to be any paperwork relating to the court case/repossesion order in the SAR.

 

Im just worrying that if i start rocking the boat they might decide to proceed with the order or something like that.

 

So far i have added up about £2500.00 worth of arrears admin charges.

 

Cheers

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The SPO (Suspended Possession Order) remains in place until you have completed the order made by the court. After that you can apply for the SPO to be removed. Much depends on what the SPO was granted for, what the terms were that the court set and whether you have kept to or completed the order made by the court.


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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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do you think i should try and find out a bit more about this before i go ahead with trying to reclaim any charges?!

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Have you not got copies of the documents relating to the court repo hearing i.e. a copy of the court's order?


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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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Yes I have - after much digging have found the attached court order.

 

Any advice you can give on this would be appreciated!

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OK so you have not been repossessed then.

 

Have you kept up to date with the order of the court and/or are all of the arrears now paid off?


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Read Here

 

How To Upload Documents To Cag

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

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Thanks ims21.

No was not repossessed I kept up with repayment plAn on the order.

 

I have got into arrears since then being sometimes a month behind payments but am currently up to date.

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Ive just got a letter from GE Money saying;

 

"Following a review of your account your monthgly instalment has increased to 393.73 with effect from 30th december 2012.

We have made this change to include repayment of your fee balance of 2436.63.

Should all payments be received, these fees will be paid over the remaining term of your loan.

If your account is up to date you have the option of making additional payments towards the balance of fees and charges or to clear them completely if you wish". etc

 

Just wondering what i should do if anything, not sure what to do next!:???:

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Hi ims21,

I was just wondering if you could possibly point me in the right direction with this,

I dont know whether i should be issuing a claim to them or not,

I dont want to rub them up the wrong way.

 

Im out of arrears and up to date with payments currently,

I received a letter from them recently advising me of the increase in my monthly installment to include repayment of all the admin charges

- but if they have charged me wrongly then i guess it would be good to see some money back !

 

can anyone help thank you

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Hi

 

Sorry you were missed.

 

So have you completed your spreadsheet?

 

Your first step would be to approach GE with a request for a refund of the charges and the associated interest.

 

Here is a template letter you can adapt for this purpose


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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thats brilliant thanks im21 will do that exactly,

cheers again,

 

will donate to site today the help is greatly appreciated and a massive help

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