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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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JP Morgan/Rooftop Arrears fees- The saga continues.


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then they must be in the sar return you'll send them then.

unless this insurance was something else you signed up for?

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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  • 2 weeks later...
  • 2 weeks later...

Got a response back from this lot,

 

first letter is 95% about how they will obtain possession order etc etc,

the bit I noticed most was when they refer to the arrears,

 

currently £1600 and decreasing, plus the figure from the other statement they sent me for the first time containing admin fees

- insurance fees etc going back to 2009 totalling £4500 as a combined £7000 of Default fees.

 

They are therefore telling me in writing that admin fees and charges for insurance are now Default fees ?,

and not straight forward charges for things they see as legitimate ?

 

Is it time to involve the FCA ?

 

Also if a mortgage is transferred to another company,

does the old possession order transfer as well.

 

We had one in 2009 with JP Morgan which they never enforced but Rooftop are getting all excited about ?

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bogus fees and charges can be reclaimed

 

check your land registry entry

if its not in their name they can go whistle!!

 

bet the letter says instructed and might nor WILL anything.

 

 

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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Had another demand from Rooftop this morning, wording changed from may to will so getting worried.

 

The suspended possession order as stated was granted for JP Morgan,

I have checked land registry and our house is now registered to Rooftop.

 

Cant understand the sudden change of attitude by them,

the arrears have decreased but they are now stating that the judge in 2009 ordered we pay back £173 per month above the usual payment which we cant remember although we did clear the arrears at the time. The latest ones are since 2014 but are decreasing.

 

For info Rooftop took over the mortgage in December last year.

Arrears currently £1700 with monthly payments due of £630,

so just under 3 months and like I say decreasing.

 

Any advice please ?

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You cleared the arrears demanded by the 2009 repo

They can't just state your payments should have been the same

Sounds Luke they don't know what they are doing

 

So how's this £11k? reclaiming going??

Surely the ins reclaim will wipe out the arrears

 

Scan up this letter to pdf

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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Will do dx, I have statements for the charges but cant for the life of me find the template on here to work out the 8% etc, can you point me in the right direction

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http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

 

statint sheet

one for the extra unnecessary building insurance [£39 PCM wasn't it?}

 

 

one for the penalty/arears charges

 

 

read the notes on the sheet first

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, got it up to over £4k before I split it so lets see what happens. Hopefully it will make them wind their necks in until I can clear the arrears.

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well not an LBA yet!!

 

 

theres a charges letter in the mortgage section of the library I think

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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Share on other sites

Done the spreadsheet as instructed, the Insurance one comes to £1100 and the fees on to £4000 +.

Now I know I am not going to get a pot of money without a fight, especially as I haven't actually paid these fees

- they seem to be in a separate pot away from the main mortgage, and then they will knock off a few with some legal excuses, but am now fed up of the bullying from these guys.

 

I have completed the template letter, this mentions the Ombudsman is that the correct one ?

 

Re the possession order, if it was granted to JP Morgan back in 2009 and the arrears reduced to nil by 2013 are Rooftop who have the account since Dec last year able to enforce it again ?

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I believe yo could have asked for it to be quashed or whatever the terms is if no arrears then existed for a long period of time.

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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Share on other sites

Ive written to them as advised, re the order yes it was a to do back in 2013 but with the best will in the world we didn't imagine we would have the last 2 years we have had.

 

Anyway upward and onward.

 

Just got a nice letter off the tax man as well, I have now gone into 40% just and have been underpaying for last 4 months so I am on paper £40pm worse off. Would love to know which serial killer I was in a past life because boy am I paying now !!!!

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  • 2 weeks later...

Got a response from Rooftop, they deny any wrongdoing re charges and seem to be confusing things with PPI as the defence seems to be that admin fees are not PPI charges.

 

Re the insurance charges, they want me to supply copies of my own insurance docs from 2007, after all isn't that something we all keep in next to the fireplace just in case.

 

So looks like its off to the FOS and the long wait that entails.

 

Re possession proceedings it seems they are still keen to enforce the order from 2009, I have pointed out that the arrears where cleared in 2013 and that the recent ones are separate but as expected they feel the order can still be enforce so we are in for a worrying few weeks.

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  • 8 months later...

Had a response from the FOS and as usual my complaint was rejected, the person dealing with it all didn't seem to understand the crux of the complaint and i feel he has just batted me off without a real fight.

 

Has anyone had recent success reclaiming charges as this appears to be my only route now.

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escalate to the ombudsman himself

 

you have 2 sep issues

 

reclaim of unnecessary buildings insurance

reclaim of unfair penalty charges.

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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Thanks dx, I have emailed the chap who made the decision not to go further and asked him to send my complaint to the Ombudsman direct. After receiving an idiotic reply that attempted to make me sound like someone who has never done this before, I replied at length and have heard nothing since despite reminders.

 

Am I at the stage to consider court action before time runs out ?

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you write using your ref number and ask for the case to be escalated as post 34

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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Share on other sites

  • 7 months later...

Update and quick question, I have had a response now from the ombudsman having insited that the investogator referred it to him and the likely decision based on a letter received Friday is that they feel that all the arrears fees and charges are fair and in line with the conditions of our mortgage. I have explained that as the account has now been sold to Rooftop and they are now applying further £50 per month charges plus interest does that not make them penalty fees on the penalty fees, but the ombudsman seems to think this is ok.

 

So am I no stuffed and having to pay the £4500 in charges etc when I finally manage to sell up and free myself of these clowns ?

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fos never side with penalty charges reclaiming.

 

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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