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    • Thanks for letting us know about this. I'm afraid that this website is mainly bad news about companies so it's very refreshing and very decent for someone to come along and to give praise where praise is due. How about a link to their website?
    • Having a little additional think about this, I think that your interests are best protected in the following way: You inform the seller that you are obtaining the quotes which I have referred to above. Having received the quotes, you then inform them that you are proposing to have the work carried out at XXX garage and that you will expect that the seller will reimburse you for the costs and associated expenses. You can tell them though that you understand that they may want to control the work being done to the car and so you are willing to allow them to do it but as the fault has manifested itself at this point and that it is clear that the problem is their responsibility, if they wish to carry the work out themselves then they will have to organise the collection vehicle and the delivery of it to you once the work is completed. Of course this will be very expensive for them and they will either fail to respond or they will refuse. Whatever their reaction, you would then go on to say that as they have failed to respond/declined the invitation to carry out the repairs themselves, that you are now going to your preferred garage – one of the two quotations which you have supplied – and you will have the vehicle repaired there. You are giving them an opportunity to comment. I think that if you use this approach, then you will be able to demonstrate very clearly that they had a choice and therefore they will be unable to disassociate themselves from the repairs which are eventually carried out at your chosen repairer. Even though this exchange of correspondence may mean that it will take a week or so longer to have your repairs carried out, I think you should do this in order to protect yourself in the best way possible
    • Please name the dealer   I would start off by sending them a letter of rejection seeing as you are within the 30 days. This doesn't mean that you have to reject it but it reserves your position. Secondly, on the basis of what you say, I don't think that you need necessary to find the cheapest place. You should be looking at the best quality that you can find. I think the best thing to do would be to get to competing quotations for the work you propose to have carried out – and not necessarily at the cheapest place, but a couple of proper reputable garages – authorised for that kind of vehicle. Inform the dealer as to what you are doing and providing with copies of the estimates for the work before you put it in hand. Give them five days to object or to make other comments. Make it clear to them that once the work is carried out that you will be looking to them to reimburse you. Of course you are opening a can of worms here because if you get some further problems – more serious – you may find that the dealer is starting to say that because you have carried out your own work so your own repairer on the car, they cannot now say that any defects were inherent in the purchase – and that they may have been introduced by 1/3 party repairer. I'm afraid that you have certainly fallen into a trap of buying a car a long distance away from where you live. We find that people often tend to do that because they think the car they have found is the only one in the world for them. They forget to factor in the difficulties that they will be if there are defects – particularly if the car stopped altogether – the cost of transportation to the dealer, the cost of having to travel up and down the country to collect the car – and of course these difficulties could emerge several times through the initial years of your ownership of the vehicle if you are relying on your statutory rights and expect the dealer to meet those obligations. Furthermore, if you have to bring a court action against them you are now dealing with multijurisdictional claims – suing out of Scotland against the defendant in England and that adds to the complications. It's too late for you to do anything about this – unless you actually decide to reject the vehicle – but at the very least, other people who come across this thread may get some benefit from these comments. I think it's important for you to get the best quality repair you can and to make sure that the dealer is aware of what you are doing so that if later on they try to deny responsibility for further defects, that you will be able to show that they were fully appraised of what you are doing and they will have less room to manoeuvre themselves out of their statutory obligations. I'm afraid that purchasing a car from one dealer and then having it repaired by another service provider, brings into the same kinds of difficulties that somebody who purchases a central heating boiler from one supplier and then has it installed by a different supplier find themselves in. When things go wrong, the seller blames the installer. The installer blames the seller – and you, the customer, are piggy in the middle. Not a good place to be. I notice that you are doing things on the telephone. Big Fail! Read our customer services guide. In your situation you should be extremely careful to make sure that you have got a record of everything and a full paper trail
    • What information do DVLA need for a provisional licence ?   Think the ID issue needs to be looked at a bit more. Surely you have birth certificate, school information, Doctors records. School and Doctors should provide a letter to help with ID.                
    • Amex as with any creditor must help you the FOS should go with you and make them remove all interest charged from the very 1st time of asking for help. the FCA regulations actually almost dictate it, they most certainly clearly state that if the are FCA registered they must help.   it's very telling they have no marked your credit file....almost as if they know they are wrong. it's also telling that an irresponsible lending complaint might well be in order hear too, they can just keep upping the credit limit without checking you can pay. and ofcourse covid plays its part here and they've already admitted as they allowed payments holidays until october in line with the rest of the industry and they should be continuing that. you problem is you keep using the phone, no paperwork no record of things discussed. i'd get an SAR off to them. and get the comms/account log and all the statements from day one and go nail them.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
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      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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Hi

 

I made a complaint to the financial ombudsman regarding the charges that this company had applied to our mortgage.

(we are no longer with this company).

 

 

The ombudsman have come to a decision that SPML must pay us 1500 pounds by the 28th August.

SPML have not complied with the ombudsman when they have requested any paper work connected to our old mortgage.

 

 

I dont think that they will pay up by this Thursday, so what will happen?

will we have to take it to court?

Can the ombudsman step in or because they ahve made a final decision is this as far as the ombudsman will go?

Has anyone else been paid up when the ombudsman has dealt with their complaint?

 

Thanks

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If you do not receive the payment by the agreed date i think you would need to refer the matter to the Ombudsman again in the 1st instance. They will then explain if they can intervene further or if indeed, you need to take the matter to court. I do not think a court would look kindly on SPML if the Ombudsman has made a decision against then and advised them how to resolve the issue.

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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  • 2 years later...

Hi

 

I pay my mortgage monthly by payment book,

i originally had a direct debit set up to make my monthly payment

GMAC still continue to try to obtain payment by direct debit

when they cant claim it they add charges onto my account.

 

 

I have spoken to them about this as i recieved some bank charges

they state that they will not refund any bank charges.

 

 

I have aprox arrears of £1500 pound and want to start paying these off

but i dont have a true arrrears figure as they are adding unpaid direct debit fees on when i have already made payment.

 

Any ideas on what to do would be greatfully received.

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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

 

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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We have a small amout of arrears on our mortgage with GMAC.

We are currently been charged £50 per month for this aprox £600 per yr!

 

 

GMAC will not agree with our repayment offer to pay of the arrears over a period of six months.

 

 

Can i request that they stop applying these charges?

 

 

at this rate without GMAC agreeing to a repayment offer the arrears are going to pile up.

 

Any advice would be much appreciated. we are continuing to pay our normal monthly payment.

 

THANKS

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you can reclaim ALL the unlawful mortgage charges

hit them where it hurts THEIR POCKET

 

see the past issues of CAGMAG or look at the info on our homepage

 

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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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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  • 2 months later...

I wrote to them in July to complain about unfair charges on our mortgage account and fees still been applied.

 

Reply...

 

My view is that the arrears fees have been applied fairly and in accordance with the tariff. This is because there have not been insignificant levels of arrears management activity during the months that the fee has been applied. i would however like to inform you that these fees are added to the overall balance and not the arrears balance, therfore it should not prevent any agreement being rwached or impact your abilty to reduce the arrears.

 

However, although i do not believe we have applied any fees unfailry, in the interests of reaching a quick and amicable resolution to the complaint, i am prepared to reverse £480 worth of fees, if this offer is acceptable, you will both need to sign and return the offer and acceptance slip included with this letter. This offer is to reverse the fees only, therefore it will be deducted from the overall mortgage balance , and will not be applied to either the arrears balance or any monthly payment due.

 

I am sorry that you have had cause to complain, but i am unable to uphold your complaint in this instance, this is because i have found no instance of any fees being applied unfairly and have been applied in accordance with the mortgage terms and conditions.

 

my question is that if there is no problem with the fees why offer £480? and why should it come off the end balance and not the arrears?

 

the arrears are £1700 and we have to pay our normal payment plus £250 which i think is very extreme amount extra when the arrears are so small.

 

any advice what to do next would be appreciated.

 

Thanks

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write back refusing the offer and remind them of the recent ruling regarding these unfair mortgage arrears

 

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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Hi, I'm in the same position as you, sent a letter reminding them of the recent ruling regarding unfair mortgage fees and received back a rather rude letter saying that I have not raised any new information that he hasnt already considered therefore I direct you back to my final response which I have enclosed.

Off to court then, FOS are a waste of time.

At least they offered you something - they offered me nothing, but then it is an old closed account.

GE MONEY - DEBENHAMS CARD

Settled in full after prelim :)

 

MBNA

Settled after LBA

however mistake made by me on contractual interest so going after the rest now

SETTLED IN FULL JAN 2007:)

 

MINT

Offer after prelim rejected

Settled in full after LBA:)

 

to go:

Barclays Bus Ac - to mcol

Barclays CC - to mcol

Nat West (over 6 years) no action taken yet

Creation Financial - awaiting statements since Dec

Goldfish - offer after prelim rejected

and some more

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  • 3 weeks later...
  • 9 months later...

If the mortgage company agrees yes.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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so even if the arrears are cleared they still may continue the reposession process?

 

It will depend on what the conduct of the mortgage has been like

before the lender has applied for repo, more chance they will accept

the arrears if this is a one off event and not likely to happen again,

butb if there are regular events in which the lender has to intervene

they may think enough is e

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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As said above!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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If there are no arrears, there are no grounds for possession. It's different for rentals, where persistent delay in payments, or shortfall payments are a ground for possession.

 

It is extremely doubtful that any judge would award possession or even a suspended possession on the basis of there being no arrears - because it would be open to appeal.

 

But, the fact that you cleared the arrears doesn't mean the court hearing won't go ahead because the mortgagee may decide to ask for an adjournment with liberty to restore, meaning that if you fall behind in payments again within, usually a specified period, they can simply resurrect these proceedings and do not need to start at the beginning again.

Edited by Lea_HTH
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we were backed into a corner and made to pay 2 mortgage payments per month with arrears of just £1400, we have also been charged £30 per month for been in arrears, can this £30 per month be claimed back? any ideas?

 

:|

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I would be inclined to say yes looking at FSA advice. If it can be reasonably deemed that this £30 represented a penalty and bore no relation to the actual cost of administering the mortgage.

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  • 2 years later...

Hi

 

In 2006 we took out a mortgage with the above mentioned,

 

the mortgae was not properly sold to us by the broker and

 

we have recently become aware that at the end of our mortgage we are going to still owe a large sum of money

of which we have no plan in place to pay.

 

We have looked at using a no win no fee solicitor to try and sort this out but we would rather do it ourselves if possible.

 

In all honesty i would rather sell up and move to rented,

sick of all the hassle.

 

What would you advise,

 

i am very ready to pack up and leave.

 

I have also been reading about direct debit claw backs for mis sold products,

 

does anyone know if this applies to mortgages too?

 

TIA Sonway

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