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    • Update! I have now opened the mail from Barclaycard. I am assuming that their letters were prompted by my confirmation to them of my change of address, which I had advised them of twice. They are treating my change of address notification as a "General Data Protection Regulation Right of Access Request"  and state that I have made a "Right of Access Request. They are asking me to provide valid indentity documents! I have made no such request and am minded to ignore their request for extra information? I should add that their letters were sent to my correct current address!
    • Are you allowed to appeal if you plead guilty?   I know you appeal the sentence, but the criminal record formed from your guilt would surely remain?   I'm not sure if your able to appeal a crimianl record if you plead guilty are you?
    • DX: I did not pursue Link after I got the CCJ amended to monthly payments. Pretty sure the CCJ does not mention reviews, I do have the CCJ somewhere, I will have to look it up in storage. It is as mentioned on the thread you referenced  in your post #28. The Barclays loan was taken out in September 2004 for 60 months! Current Balance remaining approx £2K. On checking back my past correspondence with Barclaycard about this loan, there was a history of them ignoring my letters and offers to pay, and I even had problems in obtaining their bank account details for them to accept my payments! I have received strange correspondence from them too, one referring to insurance which I did not have. They seem very disorganised! Barclaycard told me to pay "Masterloan" a while back and I now receive regular statements and arrears notices from "Personal Loans from Barclaycard" clearly marked Masterloan, they changed the account reference number! I have never requested a CCA on this account. I advised them of my change of address last September, but they are still sending, until today, statements etc. to my old address! I have received 2 letters from Barclaycard Loan today though, not opened them yet!!
    • Yes, a few months ago. They wrote back saying there was no CCA and the debt was unenforcable. I then started gtting bombarded with threatening emails from their 'litigations team' which have been sent to spam. I've now recieved the letter before claim with the PAP form enclosed, but still no CCA or even a letter from them to say the debt is deemed enforcable. Thank you.
    • That's a shame but not unexpected.  I'm not sure about your assumed  questions because I haven't been to court but I'm not sure about not accepting a criminal record. It could be a language thing but it isn't your choice unfortunately.  HB
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HSBC 25 year mortgage about to end advice needed!


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Long winded explanation.

 

Our mortgage of 25 years comes to an end towards the end of this year, when we will have to repay approx £100k

 

2 years ago our life endowment policy was ended by Phoenix Insurance (not originally with them but numerous acquisitions they ended up with it).

 

The reason for ending it

- they had had to use money from the pot to service the policy.

 

We complained

- they agreed that it had been mis-sold and they refund the difference between a standard life policy (life only) and the money we actually paid into the policy over 23 years with simple interest added. This came to just under £15k instead of the £80k

we were expecting to receive at maturity.

 

Not happy with that we complained to the FOS, who said we had a case.

Their decision was an extra £435 on top of the original offer.

 

They agreed that the policy had been mis-sold & mishandled (we had a riskier life policy rather then the standard endowment one), but that this was all we were entitled to.

 

We said we were not happy with that as we were going to use that money to pay off the bulk of the mortgage. The ombudsman said he would refer it higher up the chain but the result was the same.

 

He said we could go to court ourselves but the judge would take into account the FOS decision and the likelihood we would not win any substantial increase plus court/ legal costs - we would end up worse off.

 

After taking free legal advice, we felt gambling and losing more money was too risky so, we decided not to pursue court action.

 

now we have only £15k to pay towards the mortgage.

We will have to put a credible plan to the bank to reassure them that we will be able to pay off the mortgage very soon.

 

There is no delicate way of putting this, but I think you will need to know everything to be able to help me. I never thought I would be in this position.

 

The only thing that will enable us to pay off the mortgage is that my wife and I will soon inherit a substantial amount from our 3 remaining parents (all in their 90's).

I realise that this is described as a "potential asset" in the financial world and not an actual realised asset.

 

When my father died 11 years ago I inherited 1/2 his share of the house, with my sister the other half, which by todays assessment of the value of the parental house (minimum of £600k quick sale) is approx £150k for my share. k

 

This was frozen whilst my mother is alive or wants to continue living there.

He did this because my father was worried that my mother would live a long life (she has) and would need to go into a nursing home (she hasn't) and all of the money, if he left it to her, would go in nursing costs leaving my sister and me nothing.

 

After the turmoil of my fathers death, I was given a document from the family solicitor, stating the above, but over the years I don't know where it's gone.

 

I recently contacted his office which has been taken over by a bigger solicitor's firm asking for a copy but they said my mother is the client, not me, so they would need her permission. In my mothers present condition I do not want to worry her and so getting a copy is going to prove impossible.

 

My mother has a big house in the south coast.

She has had heart failure for 5 years (along with 3 different types of cancer).

Her heart failure was diagnosed in Oct.

last year as end stage with 6 - 12 months left to live.

 

My question is how should I approach the bank (HSBC) about the fact I cannot settle the mortgage straight away and I have an asset that is frozen at the moment?

 

Thanks in anticipation

Edited by dx100uk
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ask the bank what they intend to do,

whether they will continue on an interest only basis or want a repayment mortgage (possibly not judging by your age)

 

a lot will depend upon what the value of your property is and also what your mother is likely to have put in her will.

 

A quarter of a house jointly owned with the RSPCA will be a nightmare to realise your share in a hurry for example.

Edited by dx100uk
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Thank you ericsbrother,

 

Our own house is worth approx £350,000 (next door house was sold 7 years ago for £315,000) so the equity is just over 2/3 of the house.

We will also inherit from my father -in-law (97) at some point in the near future.

 

We have thought about downsizing, but with all our elderlies so old and frail we fear we will be balancing selling with dealing with 3 funerals!!

 

We already feel stressed out at the moment traveling 100s miles per week helping them out together with still holding down full time jobs.

 

Would it be advisable to stress this to the bank, to throw ourselves at their mercy so to speak?

 

Cheers

Edited by dx100uk
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First thing to do is to write to HSBC requesting an extension to your interest only mortgage , eg 5 years

 

Clearly set out your repayment strategy. HSBC will have to fully review your position

 

Although not required to extend

they must follow the FCA guidelines and treat you fairly and with forbearance

 

In practice this would amount to an extension of approximately 2 years anyway.

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  • 3 months later...

Hi there,

 

After taking advice from this site I wrote to HSBC after 2 months of waiting I wrote to them again enc. copy of original letter. One month later all I've got is this reply.

 

Attached is what I received today. The letter is badly copied (faded) and there seems no personal response or empathy in their letter.

 

I think this is a standard letter of reply. Being a customer of theirs with accounts, and mortgage and having given them no problem over the years I expected to get something a bit more personal.

 

My question is what should I do now. They obviously want to extract as much money out of us as possible (re-mortgaging usually comes with valuations fees etc).

 

What do they mean by " we have been unable to agree to this request at this time" ? If I wait a bit longer they might agree to it?

 

I am not satisfied with their response, we are just another number to them, so do I respond and try and take things further up the ladder so to speak.

 

Many thanks

 

sidley

HSBC response1.pdf

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It seems as indicated above, that they are poorly attempting to follow the FCA guidelines

by indicating an extension of 24 months

It seems from your circumstances described that if you wish to avoid remortgage fees ,for now 24 months may be sufficient

 

I would reply that given the circumstances, of which you have informed them, you feel it would be reasonable for them to agree

a 24 month extension in line with the FCA guidelines

 

Should they refuse ,then escalate to a formal complaint

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Thank you oldrouge,

 

p.s. the link you have kindly posted does not seem to lead to anything!

 

 

 

cheers

 

sidley

Edited by Andyorch
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The circumstances haven't changed, indeed my poor mother is getting much worse with not long to go.

 

They have indicated a 24 month extension, reserved for those with an equity plan that may be out of sync with the mortgage, but it seems not to apply in my case.

 

24 months will be more than sufficient in my case. Since all of our local branch closures, they seem to have lost what little human touch they had.

 

cheers

 

sidley

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Thank you oldrouge,

 

p.s. the link you have kindly posted does not seem to lead to anything!

 

 

 

cheers

 

 

 

sidley

 

Yes link seems dead. Google FCA interest only mortgages thematic review TR18/1

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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  • 4 weeks later...

Hi there,

 

Unfortunately, HSBC seem to be refusing to answer any of our letters (despite reminders) the one posted above is the only one received to date.

 

I have sent the last 2 recorded delivery, but still no success this is despite numerous letters from HSBC to mortgage holders who are coming to an end reminding us that the mortgage is coming to a close and to contact them if you are in difficulties.

 

They are just not engaging with us in any way!

 

What do you think I should do now?

 

Thanks for all your help

 

sidley

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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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Thank you dx100uk,

 

I will mention that to HSBC, but they advertise that they are willing to engage with people who will have difficulty paying off the capital but they don't seem to be living up to their promise!

 

sidley

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Thank you dx100uk,

 

I will mention that to HSBC, but they advertise that they are willing to engage with people who will have difficulty paying off the capital but they don't seem to be living up to their promise!

 

sidley

 

 

As you are finding out as many of us have over the years, they seem to think they are above regulation etc

:mad2::-x:jaw::sad:
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Hi there,

 

Unfortunately, HSBC seem to be refusing to answer any of our letters (despite reminders) the one posted above is the only one received to date.

 

I have sent the last 2 recorded delivery, but still no success this is despite numerous letters from HSBC to mortgage holders who are coming to an end reminding us that the mortgage is coming to a close and to contact them if you are in difficulties.

 

They are just not engaging with us in any way!

 

What do you think I should do now?

 

Thanks for all your help

 

sidley

 

 

Formal written complaint to HSBC, and off to the FOS if they refuse or ignore

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Cheers oldrouge,

 

It's been 4 weeks since my last recorded delivery reminder to them about the absence of any response so far.

 

Can I ask you how long I should wait?

 

cheers

 

sidley

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Cheers old cogger,

 

Yes I am beginning to find out that despite their promises they just don't seem to care!

 

I will soon write a letter of formal complaint to them and if no luck take it to the FOS. I've heard good and bad stories about the FOS, so I hope it will be a good one for me.:|

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Cheers oldrouge,

 

It's been 4 weeks since my last recorded delivery reminder to them about the absence of any response so far.

 

Can I ask you how long I should wait?

 

cheers

 

sidley

 

Well you have been waiting 6 months already Sid...and the clocks a ticking...why not consider the link provided by DX....with regards to Lifetime Mortgages there is an early settlement fee which can be quite considerable...so only consider that if its suitable and you wish to free up your equity.

 

 

Andy

We could do with some help from you.

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Get the formal complaint off asap

Incorporate the FCA guidance and fully set out your case

Bear in mind they have to follow the guidelines

which plainly they are not in your case

 

https://www.fca.org.uk/publication/finalised-guidance/fg13-07.pdf

 

If link not working Google FCA interest only mortgages

Use para 3.5

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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