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iconoclash

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Everything posted by iconoclash

  1. iconoclash
    Hi A1, been awhile. This question about double recovery and charging styles remains unanswered, particularly by the regulatory bodies, that is not to say though that these issues have gone away. I think the case with Bank of Scotland is very interesting and useful and only strengthens our aims. My own mortgage product has been sold on yet again since we last communicated, and interestingly, the new servicer states that they have changed the way interest is calculated on any additional interest outstanding on the account,..... that interest will no longer be calculated on the balance of outstanding additional interest, but daily interest will continue to be applied on any outstanding arrears. Now, that sounds like an admission that interest is, and has been charged, on interest. I responded to this and asked if therefore, they would rework the previous interest charges too and they said no and did not explain themselves further. The whole problem remains, and they refuse to disclose what prompted this change, which I suspect is related to investigations and changes coming. What say you??
  2. iconoclash
    Hi just updating this as this lender/servicer just will not let it rest - they have now come up with this idea that I owe insurance following my purchase of a policy of my own. The lenders insurance is always higher than necessary and attracts interest, and I thought that the regulatory bodies were looking into the cost of lenders insurance - anyway - during the time I have had my mortgage I have at times had my own buildings insurance and at other times, been on the lenders block cover. So now I am being told that my monthly payment was allegedly charged monthly in arrears thus creating a missing month that I owe. Yet, I have not found any gap at the start anywhere, nor any written advice from the servicer/owner about this charging regime. There seems to be no regulation for this that I can find. I also see that the lender is using this situation to say that my account is in arrears, adding charges, and, threatening to evict me again.
  3. iconoclash
    thank you - I surely am:-)
  4. iconoclash
    Hi - an update on this. I had a community solicitor with me and she was excellent. he made it clear to the judge what was available to pay and what would be paid going forward and I had all the evidence for that, plus a statement from another solicitor who had been writing to my lender, Lakehouse Mortgaes Limited, with copy cheques that were just waiting to clear, the judge thought it very odd that they were still insisting on trying to evict me. The e.o. was cancelled and the monies to pay written into an order that settled things. The judge also wanted to know from Miss Gould (representative for Lakehouse, or Shoosmiths: not sure which) why she was reading out a statement from the Financial Ombudsman, that was alleged to be from a telephone conversation with them, but could not show anything in writing from the FOS, and the judge said that was strange. I think he could see that they were inventing that, it certainly looked like it. Miss Gould kept on going on about my payment record for several years right back to the first court order and wanted to spend hours going over all my naughty little behaviours for not paying on time etc etc, but the judge didn't want to know, it was so irrelevant, I had the means to clear all the arrears and to pay going forward and that satisfied the relevant sections of the Act. Phew.
  5. iconoclash
    I - wow, and I bet they included all their double billing in the total sued for, wonder if you can get an immediate court order to stop/prevent the sale of the property by them, some kind of injunction and then take it back into court.?
  6. iconoclash
    Ell-enn - thank you so much for making things clear as I have been so miserable. Should I start a thread of my own as I am still wondering about what's coming next - the old suspended repo order on my house has been updated by this lot and this is what they are now using against me but, as that order says I should pay my instalment plus £50 on top, I haven't paid that and now have arrears again. The original arrears for that order to another company were capitalised after the court case 5 years ago and I only went into arrears again last year temporarily, then cleared off, and again this year, to be cleared off soon. All seems a bit odd to me, using another company's repo order that was granted under different circumstances etc to others, but this business of selling your mortgage every damn year to someone else and not having to use the pre-action protocols now, is infuriating.
  7. iconoclash
    hi - well i am waiting for funds that my solicitor has confirmed to the lender are en-route (any day now) and we can settle it all. But they now say that if I had to borrow that means I cannot afford my mortgage and, anyway, "we are asking for all the fees and charges and thats now £150k+". Before this the arrears were about 4.5, that is two days ago. I have had some letters from Shoosmiths that say I should ring their client and not them, and notices to tenants at my house when there arent any tenants. Not sure what the heck is going on and why they wont wait for the funding. They have been kept informed about a medical case ongoing that will settle things for the longterm future but they wont accept this either so really frustrated with this outfit.
  8. iconoclash
    - I am in this boat right now with my lender going for eviction after raising the arrears money needed they raised it by another £10k with extra fees and charges now cannot meet that demand - great - just what I need, not, to send them every penny I have and still be evicted.!
  9. iconoclash
    Hi - excuse me but are the FCA saying that they no longer support the idea that ERC's are subject to the test of fairness? I am thinking that an ERC coupled with a MIG is belt and braces and a company that 'employs' both and then sells the product 12 weeks later is really taking the ****, as in my case. A MIG is a higher lending fee in another cloak in my own opinion, and if both of these are supposed to be to protect losses for the lender in some way, can we ask the companies involved to show the figures and prove what they assert? Take that along with their abuse in the libor rates plus additional charges and they really are just printing money. I am still struggling to get any acknowledge from GMAC/Paratus on these matters and they just give me the usual guff about what they are allowed to do - e.g. get away with in this country.
  10. iconoclash
    hi - sorry haven't had time to go through your thread but back in 2006 ish I had a managed loan with HSBC which they tried to force onto me. Despite having no permission to convert my ordinary loan into a 'managed loan' they tried to whack me for a huge new loan to cover the old one. The total charge for credit and interest increased my debt by approx. £9000 which was not the best thing for someone already in financial hardship, and being in such hardship they were not entitled to increase my indebtedness. It ended up on Channel 4 news and they withdrew it but still put the whole amount on my credit file! I have yet to get that sorted out, but hope this tale gives you some hope, the British Banking Association were also interviewed by Channel 4 and of course, they said, oh we don't know about this particular case. Good luck with your fight with them as they are no different from all the other financial institutions that spend thousands on marketing their 'products' but never admit wrongdoing even when caught red-handed.
  11. iconoclash
    hi and thaks. so as the case mangement orders talk about witness statement to be read at the hearing, which is public, then all that information will be public i assume. what about bringing a private civil case against such abuse? any thoughts?
  12. iconoclash
    hi if the respondent submits false allegations, everything from theft, drug use, violence etc., in the desperate attempt to defame the whistle-blower, can they be sued in turn for making defamatory claims and committing perjury, hearing goes public shortly??
  13. iconoclash
    hi and thanks, I think there is something in the deed allowing this and I did sign acceptance and I cannot ask the lender as they have sold it on again and refuse to discuss anything with me as I have tried and tried to resolve, and the FOS didn't understand it either so might be forced into another court action, will let you know how things progress
  14. iconoclash
    HI - that is what I am trying to understand. The mortgage pre-action protocol suggests various alternatives to reposession, one of which is to capitalise any outstanding arrears. My lender capitalised the arrears and added them "to the security" which increased my outstanding balance by about £4.5k. I understand all that but as this is an interest only product, and it seems to me that the arrears form part of the total mortgage sum due and attract interest and fees, which the lender has confirmed. The lender then adds that sum to the capital outstanding and charges interest again, so although it has moved from one column to another so-to-speak, there has been a double recovery surely? and if so, double recovery is strictly unlawful. thanks P.S. yes, this is to my mind a mis-sold product but that is a whole other can of worms
  15. iconoclash
    Hi - update on this, I have managed to get back the extra legal costs that were added to my balance erroneously. I am now tackling my current mortgage servicing company who have had the whole balance on their books and charged me interest on the lot for years - trying to reverse the interest charges. Also, thinking about the double recovery issue: say I had a mortgage of £100k with £5k in arrears, I am charged interest on both sums in real time, the £5k is capitalised, so doesnt this mean they lend me another 5k to clear the arrears sum making me mortgage balance higher and then charge interest on that balance?
  16. iconoclash
    hi - adding my name to list for any group action - I too had this done to me and, outrageously, they took me to court first making my incur lots of legal costs then after that they agreed to capitalise arrears - god only knows why the judge let them get away with it, have been passed on to another company who act in the same way, trying to get repo and adding charges. I also sent all this in to the FOS and they didn't uphold my complaint but wasted two years of my life. I have complained to JP Morgan too but they have done nothing either - when will the government act for the public against these companies!
  17. iconoclash
    thanks caro - I haven't given up on my other cases either, and a note re rdm2006 post: the cost issue for legal action did not apply as OHL has sold my mortgage to someone else, which opened the doors for me
  18. iconoclash
    Update on my legal fees charged by Oakwood Homeloans Limited. I took them to court and got judgement against them. I requested a warrant to be enforced by the bailiffs and OHL tried to get my judgment set aside but they were out of time to respond. OHL then said that they had not had the documents and tried all sorts of things until finally realising that I was within my rights to claim back the costs that had been applied. Costs were set by a former court and could not be enhanced by them but it didn't stop them doing it. It took two years of arguing before I went the court route. I now have the final matter of interest that those costs attracted to be resolved.
  19. iconoclash
    Hi - I am following this to see what I can do re my GMAC product but have a similar situation with one of the servicer's of that product which went to court. GMAC sold mortgage on and they took me to court attempting repo. Arrears have since been cleared but legal fees were added to the account in excess of those ordered. Two years of arguing saw me to take that Company to court for return of those fees as being unjust reward for them. I won. I am now trying to deal with the interest attracted by those fees and not returned or removed, which have increased the balance, since then the mortgage was passed on again to another servicing company who still have the excess fees on the balance sheet attracting interest. I am waiting for the previous company to advise the true balance that should have been transferred to the current company, as I know I am being overcharged and have to get them to rework the figures over the years affected. Not easy to get a response on this but having gone to court with it before I am confident that they will have to make the adjustments in the end.
  20. iconoclash
    When British Gas turn up to exercise a warrant with NO warrant in hand they ARE breaking the law: RIGHTS OF ENTRY (GAS AND ELECTRICITY BOARDS) BILL HL Deb 24 February 1954 vol 185 cc1127-38 "LORD WINSTER My Lords, there is one question I should like to ask in connection with this Bill. The right of entry on the part of certain inspectors does, of course, open the way to impersonation. In the country, certainly, anybody wearing a peaked cap who presents himself at the door creates a certain feeling of awe on the part of the householder, and has little difficulty in securing admission. Therefore the possibility of impersonation with improper intent seems to me to be very much in the picture. The police, I understand, if they are going to search premises, have to produce a right of search before they can carry it through. I should like to ask whether these inspectors have to carry with them a document which clearly sets out their right of entry for their lawful purposes. Do they have to carry such a document?—because, if so, I think all householders would be well advised, in all cases of inspectors seeking to enter their premises, to ask him in all courtesy to show his authority for what he asks permission to do.... VISCOUNT HAILSHAM My Lords, before the Question is put, may I, to tae best of my ability, answer the question which was put by the noble Lord, Lord Winster? The position is somewhat complicated, but I think I am right in saying that the following is, broadly speaking, the answer. Under the existing powers of entry, which are not disturbed by this Bill, a person who wishes to effect entry into a dwelling house or premises has to show on demand not merely a peaked cap but a letter of authorisation from the appropriate authority. That is already the law, and the pity is that that is not generally known. Under this Bill, the position is that if the householder, not being satisfied with the letter of authority, withholds permission, the inspector or officer will also have to produce a warrant from a justice of the peace, and that can be obtained only if the conditions contained in the Bill are satisfied. I think that is the answer to the question. I believe that to be correct." This was recent experience of one BG customer and probably one of many.
  21. iconoclash
    Hi - thank you but how will I discover if the rate they quoted as being in use at specific times in accurate please?
  22. iconoclash
    British Gas pre-pay meters are fitted with 'emergency credit' on them at the outset. British Gas say that this "runs faster". When asked whether this means: "costs more" they answer that it just runs faster, therefore ten pounds only lasts three days, implying a useage of £3.333 daily against an average consumption of 30p daily. The meter having been set to claw back the amount under the Code for those in financial hardship, on benefits etc., at £3.55 per week should take that every Wednesday, however if it is not already present the meter claws back a percentage of that as soon as you make a top up, plus 90% of anything remaining and continues to use a recovery rate of 90%. A £1.00 credit will give you 10p of gas until that ten pounds plus the £3.55 plus any remaining percentages of 90% are repaid. If you cannot afford to pay £13.55 immediately once the ten pounds 'credit' has rushed its way through you will be on a 90% clawback and will remain on that until you can overtake this cycle. The runs faster credit of ten pounds appears to be a Penalty as pre-pay customers are either getting less gas or paying more in this scenario, but British Gas refute this totally but also refuse to explain how this is calculated. The question still remains for British Gas (and no doubt other Utilities) to answer and I have been unable to get a reasonable explanation from them myself. How does this 'credit sum' run faster? Does my neighbour's gas run faster? Sounds like a penalty of the poor again. Despite recommendations British Gas still cut off during the night.
  23. iconoclash
    If you want to know why I cannot get assistance under the scheme I suggest you ask them. Erroneous: errors - incorrect - not accurate. I shall ask my postman if he has 7 letters and a visa payment card for me. I am paying for the meter? which I could have had free? assume this means warrant but no warrant needed eh - meter outside. Now you say they need to come into my house? What's all this about excuses from others in the property - trying to cover all the bases aren't you. There's only me and my son who is at school. And perhaps you can tell me if I have been charged for this non existent visit in July, and the date. Fortunately I have security cameras to verify that one. No comment on the practices of putting in applications for warrants without advising the consumer then, and making false statements? This is of no help to me whatsoever as you seem to entirely miss the point and are totally brainwashed. Don't post any more advice pleeeeease.
  24. iconoclash
    Hi - I am waiting for a court date from the water utility company - they are taking me to court and guess what, they already did this before but they got a judgement without my knowledge on a bill that had been paid, so I had to jump through all the hoops to get that set aside and they admitted their errors - that did not stop it being stressful and keeping me from dealing with my son's school, or help my confidence trying to get a job. Now they are at it again and I have two bills, exactly the same details, same house, same dates, same water meter but for different amounts. Which one should I think is true? As for British Gas, I am in no doubt that they are overcharging me and that if they get a pre-pay meter in, through the back door so to speak, they will set a huge rate of claw-back on it for sums in dispute, but, I will have to pay it to get any gas at all, hence they should close the service instead, as they will never get it right.
  25. iconoclash
    This is killing me - I have so many wolves at the door and in May will probably be homeless anyway so they can just cut me off - I will stop paying them for electric and boiler cover, and of course, they say i dont qualify for help in insulation, warm front or anything ever.

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