Jump to content


  • Tweets

  • Posts

    • If that was the reason then that is good news. The whole reason that being able to charge £100 for breaching private car park rules is because the law Lords decided in a celebrated case that the rogues had a legitimate interest in keeping their car park spaces available for all motorists . {parking Eye v Beavis]. However when the business is closed then there is no legitimate interest in keeping spaces free so to charge £100 is a penalty. As such any Court would automatically throw out the case when the penalty charge is accepted.
    • gives them a feeling of grandeur. dx  
    • yep they can be a bit like the TV licencing lot. for 4yrs ive been getting a series of about 8-10 diff letters that just go round a loop. currently upto 61
    • thread tidied. new thread for the court claim is here  
    • new thread created for this claimform please post here now for anything to do with it now . pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

wrong mortgage


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6233 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Not sure where I should post this!!

 

Last year we changed our mortgage back to a repayment mortgage (or so we thought)

 

We have just received our mortgage statement through only to find that is still an interest only mortgage we are paying :(

 

We have contacted the lender who informed us that this was correct yet we have all the paperwork confirming the change to a repayment one.

 

We did query this last year as the repayments were quite a bit less than they had quoted but when we phoned them they confirmed that yes those figures where right and it was a repayment mortgage.

 

Can anyone please advise me on our rights with regard to this.

 

We are wanting to re-mortgage to pay off a secured loan we took out to clear a charging order from our property last year but we are tied to this mortgage for another year before we don't have to pay any penalty charges. But of course as they have not taken anything off the orginal amount borrowed the cost of this was way to much to settle the old mortgage loan.

 

The mortgage lender has asked us to forward copies of the correspondence that we have in regard to this matter but have basically said that there is nothing they can do.

 

Can anyone help?

No one can make you feel inferior without your consent :)

Link to post
Share on other sites

What a pickle!

 

I would suggest doing as they say and forwarding the correspondence to them, at the same time asking them for the signed agreement that you signed, in order to ascertain what type of mortgage you signed up to.

 

If you did indeed sign up to an interest only by mistake then I feel that there will be little you can do, however, if you didn't then, despite what the lenders say they will HAVE to rectify this. And they know it.

 

Get the correspondence off and then see how they respond. I'd tell them in the letter that you will be taking it further if you discover they have made a mistake and you have suffered as a consequence.

 

Hope that helps :)

2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

Link to post
Share on other sites

Thanks for the advice CagisforME.

 

It clearly states on our copy that and I quote:

 

"Your mortgage requirements

 

You wish to change your existing mortgage product to a new product, and amend your mortgage term, and amend the repayment method of your mortgage.

 

Exisitng loan amount £XXXXXXX plus £XX for fees that will be added to the loan - see Section 8 for details

 

Value of the property £XXXXXX on XX/XX/XXXX

 

Term remaining XX years XX months (at XX/XX/XXXX)

 

Repayment method: You require the loan to be converted so that it will be on a Repayment basis.

 

Following us receiving the above we duly signed and returned the paperwork

 

We received a Product confirmation letter quoting the same illustration number as the one we had signed no where on that letter does it state that it is a repayment mortgage.

 

As you can imagine we are not at all happy about this especially as there is 12 months payments not been taken off the original loan amount.

 

We are sending copies of the paperwork off to them, but surely they must admit that they are in the wrong?

 

Lan

No one can make you feel inferior without your consent :)

Link to post
Share on other sites

I can't state for certain that they WILL admit that they are wrong, obviously.

 

But, if you have the paperwork to prove they ARE, then they are going to have little choice!! ;)

 

Send your proof off, with a polite, but strongly worded letter, telling them what you want.

 

IE The 12 months payments paid OFF the capital amount and a properly executed agreement that matches that which you signed up to.

 

Good Luck.

 

:)

  • Haha 1

2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

Link to post
Share on other sites

Thanks for your help, I'll let you know how I get on!!

 

 

 

PS

 

and click on your scales for you help!!! :)

No one can make you feel inferior without your consent :)

Link to post
Share on other sites

:D Thanks for that.

 

I hope it all goes well. Come back and tell everyone how you are getting along. There is so much help and advice on this site. I don't know how I managed without it!

 

:)

2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

Link to post
Share on other sites

Tell me about it!!!

 

I just wish I had known earlier, it would have saved me many a sleepless night!!!

 

But getting there after a long uphill struggle I can now see the light at the end of the tunnel :D

No one can make you feel inferior without your consent :)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...