Hi would someone be so kind as to point me in the right direction for the best research facility for case law on the following: Mortgage: Under selling a repossessed property. Adding insurance premiums, admin fee's etc to original mortgage capital. Mortgage company chasing for shortfall even though Indemnity Insurance taken out. Unreasonable Indemnity Clauses / Unfair Contract Terms 1977 Second Charge (regulated / Covered by CCA 1974): Indemnity Insurance, admin fee added to Total Charge for credit. Unreasonable Indemnity Clauses / Unfair Contract Term 1977. We are putting together a case against Platform, (our first mortgage lender) and Welcome, (second charge). I do hope that someone can help.

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I felt the same way, a little scared wasn't the word! Now the first few are out the way.....bring em on!!!!!

Hi and welcome. I'm no expert but as far as I know we are suggesting that no new claims for redemption charges are started. At the moment the risk is to high, we do not want you to possably suffer courts cost's.

Don't worry, you will be a success story. It's your time table now, they may ignor you, acknowledge your request or offer you a good will gesture. What ever happens, when the time comes, raise your court claim.

Hiya, don't worry, we all will. Two claim wouldn't be that bad, send you DPA request to the Halifax and take it from there. Any probs, just give a yell.

Nicely put, alway stay one step ahead....... .....and you shouldn't go wrong.

Hi, you should send proof of current ID also. e.g copy of your passport, driving licence, couple of utility bills, that sort of thing.

Hi and thanks for that, Do you know of any members that done the same thing? Do you know if there is a templare letter for requesting a copy of the agreement for an overdraft?

Thanks Scoot & Kim. The reason I ask is that the CCA 1974 S.60 - Form and content of Agreement, is for regulated agreements below £25k. One example of improper content, acceptance fee or indemnity fee or such is added to the amount of credit on a regulated loan covered by the CCA 1974. can't remmeber case law, was it london hackney or something, anyway. If a mortgage company does the same thing, why is this deemed acceptable when we are talking much larger amounts of money. Example, late payment fes, acceptance fee, indemnity fee, added insurance fee (?), arrears, all added to the capital where you end up paying over the odds for the service . exactly the same senario under the CCA could see the agreement unenforceable. Unfair terms, the entire mortgage T&C's for all mortgage companies are unfair, arn't they?

I love, says it all really, doesn't it. Many thanks for that. I will insure one goes in the post by Monday, recorded of course. Again....many thanks, you guys & gals are tops. I'll keep you updated on any outcome.

Hi all. Does anyone know if the CCA 1974 covers overdrafts? Surely an overdraft is rolling credit so should be covered. Or are the Bank of England exempt from the law? Any ideas guys & gals before I make a complete ass of myself. :o

Hiya. No Mr Brown, the only name is the debt recovery manager, A.J.Martin. I also read a while back regarding a very simalar issue to mine, a letter was posted to give to the collector, although I don't think he/she turned up in the end. Can't for the life of me remember which post it was. Must be my age.

Thanks. Is there any letters I could send or pass over to the collector. Don't want them going away empty handed, then again....I wonder if he/she can actually read..... Moorcroft have failed in my request big time. By law, they need a court order to enforce the debt. That's if they have the original agreement. Do I just ignor all and wait for the court summons for non payment and use the CCA request as full defence? Has any one been successfull in doing this? questions questions questions...sorry.

Hi. Please advise. We have the CCA 1974 that covers regulated agreements. Who / what governs Mortgages? Where are the regulation that apply? Please help us.

Hi. Noticed that they have added the Indemnity Insurance premium to the amount of credit. They are not supposed to do that...are they?

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Update. Moorcroft are still ignoring my request. Got a letter this morning stating that they will be sending someone to my home on 28th Feb. Not happy about this and I don't know where to go from here. Is there any information or letter I could send Moorcroft or pass on to the door knocker. Please help.

Hiya Kimmy I have a feeling they may settle your charges & 8% and fight for the contractual. But at the end of the day, you got what you set out to get originally.

I'm of the same thoughts, that we have 6 years to claim, not you can only claim 6 for years worth. Take a mortgage situation. Your still owe on your mortage after you thought you had paid it off. The mortgage company would then have up to 12 years to claim the money from you. They are aware of the breach (none payment of account), them they allowed upto 12 years to claim this back under the limitations act. Same as our situation, we are aware of the charges now and they refuse to pay upon first request, we then have 6 years to claim our charges. There does not seem to be any reference to how far back you can claim. Although the mortgage situation is for a fixed amount, in one time frame not penalty charges over a period of time. Any more thoughts on this, as I'm about to put in a further 7 claims and theres a positive legal angle on this, I would like to claim for more than the 6 years. Great site by the way. :)

Hi. I was just wondering whether we have any basic template's for the particulars when making a claim for PPI. Many thanks in advance

Hi COA - Copy of Original Agreement CCA - Consumer Credit Act I exercised my right under the CCA 1974 to request a COA

Their penalties are unlawful, no question about it, but they only have to say the charges were estimated. They don't have to be a close estimatation of their actual liquidated losses. The problem lies with getting proof of their actual losses. Don't get me wrong, i want them to tow the line as much as you and if that means putting one behind bars, then so be it. but we need to be water tight first. Just my thoughts.

Hi and thanks for that. I do keep all letters from dca's , banks , solicitors etc...you never know when they will come in handy One thing i forget to mention, when i sent the COA request, I put in the request that the £1 postal order is to be used in respect of the request and not to be credited to an account. Yesterday I received a statement from NTL, and guess what, £1 has been credited to the account At least they acknowledge they received the request.