Hi - so it sounds like Creditplus are relying on you to supply documents that clearly should have gone to them from Duncton (is that the car dealership?) - if so and you signed up at their premises then they are wholly responsible as an agent for the finance company - if it was me I wouldnt re-sign anything after the fact and Im not sure thats even allowed. I also dont think they can penalise you the customer and take the car away due to someone elses errors in filing or whatever it is. I am no expert but having the original credit agreement is paramount. I think you need better advice than I can give - Good Luck.

Hi - thanks for responses. The report is from a SAR I did in the past, called Case Summary Report by Imparity Ltd, and lists the application info for the mortgage as presented by the broker company I suppose. It says that the lead is from a newspaper and that I am on income support, which I wasnt. It shows my partners income as double what his pay slips show, the same ones we gave the broker when his came to the house, along with his proof of permission to remain in UK from the Home Office. (not Citizenship) In the Illustration section the scheme is listed as: National & Capital/Rooftop - Stepped Light and in Notes, it says Material Change, clients do not need a new KFI, please re-offer.... redemptions too high. This last bit I recall a conversation about the redemptions on their mortgage offer and said we did not want any as they were originally set at 6%. Having remortgaged before I was worried that we would change product again and be hit with this 6% erc so asked that to be removed or lowered at least. Subsequently we did remortgage and were charged £11,800 - the same damn 6%. The broker seems to have gone out of business now. I am so cross about this as my partner never understood and I have to sort it out after the fact, but this was in 2005 so dont know if FOS will help.

WOW - and this is the product that is mis-sold and ive sent it in to the FOS to look at. The broker clearly gave lots of false informaton that doesnt match what we gave him - for example , my partner is not a british citizen but on these forms he has magically been transformed into one, so ive sent his later citizenship certificate off to the FOS also - hope they will act againt this outfit and if not then i guess i will have to try the courts but the lender has been swallowed up by some mega corp. who have spent years denying they are connected to them - will put info up in the right place for the lender in question. thanks

HI - thanks. I have found an old document for the mortgage in question and its says: Completion fee payable by client to lender £499. Completion fee payable by client to broker £2,995. Title Ins paybale by client to lender £150. Chaps fee by client to lender £45. Procuration/Commission fee payable by lender to broker £295. Procuration/Commission fee payable by lender to broker £2537. so - this means that the brokers money was added to our mortgage as i never had 3k laying around to give to a saleman! is that right?

Hi - I thought that the broker could be paid by both the lender and the customer - I had a mortgage that shows a fee paid by me to the broker and the SAR data arrived with lots of info redacted - it seemed that there was another fee involved but when i asked the FSA about that they seemed to think that there is no rule against it????

Hiya - my only thought at the mo is : can you rescind a contract that has been sold to a third party?? ie dont GE and all their kind sell their assets on into securitisation etc? would that make any difference?

Hi - Engage Credit are members of the Council of Mortgage Lenders, which means they must comply with the CML rules - dont know if the CML take complaints from the public but they do list all their info on their website - have a look. You have a right to defend any action your lender/third party administrators take against you and a hearing in court is your chance to get the judge to set the payments at a realistic level but if you do get that far make sure that any sums being claimed are agreed and correct first, then written into the Order, dont leave it open-ended as just arrears as they will keep making them up to suit, have it written in that as soon as they are cleared the judgement is settled and suspended repo finished with - forgotten the exact wording for that but it will stop them re-using the same order again if you ever fall into arrears again, for whatever reason. Also do not allow them to have legal costs against you as you can show that this is a wholly unecessary and unreasonable action and if anything I would be going for costs against them! good luck

ALSO - when you say you are trying to tackle Future Mortgages at the moment - is this with the FOS? - if so they cannot take action until that matter is settled by the FOS.

Hi - indeed, why are they NOT following the pre-action protocols. If you can prove you are paying the mortgage, plus any other agreed amounts in excess towards arrears and I mean arrears of mortgage NOT arrears CHARGES, they have no case! Get it thrown out with costs in your favour. They cannot take you into court for charges alone - since they have used these charges (penalties) to increase your outstanding balance no doubt, then added interest, they are deliberately making it tough on you which is also against what the OFT etc have to say about TREATING CUSTOMERS FAIRLY. Sorry - not shouting just emphasising. This repo order - is it one they already had and are now enforcing on the supposed grounds that you have not kept to the arrangement? They could not have just gone and got a repo order without due process etc and you being informed - so they may have applied for a warrnt to evict and this is what the hearing is for - in which case they would also need to supply accounts and statements to the court to prove their right to do it. You can ask the court to throw it out based on your own evidence that you will supply with the application.

Hi - it looks like you have covered it all in your statement just try to make it a bit more concise and not repeat stuff, put it in date order and everything related to that date/time. Deal with each issue separately and number your points, make it easy to understand. There is a guide on all this somewhere on CAG at the front. Some of this is too complex for me, sorry not a legal person just had a few arguments wtih lenders myself over the years. Check the wording of the previous judgements to see if they say anything like: with liberty to restore. You ideally want an order that says as soon as you have paid x amount the order is discharged - you can apply to have an order discharged with evidence that you have met the terms now. Things that went with previous hearings and notices etc are unlikely to be looked at now as there are time limits for taking them back into court - they might well say why didnt you bring it back at the time...dont know. Hope you get it sorted out as you have done a lot of work on this. Good Luck.

Hi - generally I think that whatever has been already been judged has been accepted and then there are time limits for taking action if that is wrong - maybe applying for a variation order to the payments or something - I was interested in what your judge said about SPO being valid still with the same lender as I have a new lender (mortgage sold on again) that is using the previous SPO -?? If you take up issues about your contract and the pre action compliance then there might be a risk of then paying for all that extra legal work if you dont win - maybe you could ask for a redetermination hearing?

Hi - cant find a separate place to put this that wont be swamped under car insurance problems but here goes. Having been mis-sold Life Assurance and an Endowment by Zurich (formerly Allied Dunbar) and having noted their fines from the FSA, I have been trying to get my premiums back for four years. Zurich keep assessing it incorrectly and are denying they should pay the 8% simple as per the FSA directions. They have agreed refunds but want to treat the sums paid as investments with 20% taxation which is totally wrong as these are mis-sold policies based on lies from the broker, who was also the broker for my mortgage - he must have been rubbing his hands waiting for the commissions on these! I think I should put this in front of a DJ as soon as I receive their anticipated rejection to pay the 8% - can anyone point me to a template or POC template for such a thing? - thanks

Hi - well they havent been substituted as claimants on the old order but have another order generally adjourned for the same damn thing - so this is an abuse of process since they insist that they are relying on the old order and are merrily applying costs in relation to that - i think i should put this in front of a judge since they have charged all their legal costs to me and these too are apparently attracting interest - so - in theory they might as well issue another action and round it up to three!

Hi - still dont know the answer to this one but do think that if my current mortgage servicing company wishes to behave as if the court order is theirs rather than having been in favour of their predecessor, then they must also explain why they took me back into court recently to chase arrears when they are claiming to already have an Order ?? - thus abusing process - and then putting those legal costs onto me!! - should I take some legal action against this outfit? Another aspect to this is that the amount was less than £5000 yet they continue to charge interest - my understanding is that this has to be claimed at the time of the case , it is not mentioned in the papers at all but the administrators think they can charge interest vicariously e.g. via my mortgage balance. Again - I believe this to be a no no. Hope someone more knowledgeable than me can give some pointers. thanks again.

Hi - this is very similar to the question I have just posted up about new owners enforcing old court orders - I have no answer either and am finding it a tricky area to research further - but - do note that many of these orders state "with liberty to restore" - which I presume to mean that they are getting prior permission to enforce in the future - but also think it should only apply to the party which brought the claim and submitted the evidence and paid the fees - ???

Hi - cant find anything on this situation so really hoping you guys can help. My lender obtained a suspended rep order with directions to clear arrears - they then capitalised the arrears - they then sold the mortgage on to another servicing company - this latest company is now enforcing the old order as Ive gotten into a small amount of arrears - can they do this? The court order is not in their name and I thought it was automatically squashed once the arrears were cleared before - although the order does not state an amount it is in relation to a set of papers and evidence produced for a specific case against me in 2009. Surely a mortgage administrator cannot buy a court order along with a mortgage book?? anyone? thank you:shock:

Hi - write to the court (might need a form) and state your request to set aside the ccj:- explain the circumstances re having moved house etc and prove your actual address with supporting documentation and use CPR 12: The claimant brought a case against me and, in my absence, obtained a default judgment on xxxxxx, alleging to have issued a default notice on xxxxxand which I did not receive. CPR Part 12 Cases where the court must set aside judgment entered under Part 12 The court must set aside a judgment entered under Part 12 if judgment was wrongly entered because – (a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied; * (b) in the case of a judgment in default of a defence, any of the conditions in rule 12.3(2) and 12.3(3) was not satisfied; or © the whole of the claim was satisfied before judgment was entered. Change any bits that dont apply and add things that do, also you havent seen the details of their claim against you at all so had no defence at all - if you have anything that shows you cleared the balance you should include it but I think you already have grounds for the set aside with CPR 12 on its own - hope this helps.

Hi - are you saying that the secured loans are with the same lender - that they are add ons to your mortgage ? Who is this lender, a company that has given you a first charge loan that is unregulated and then two further loans later on??

Hi - they should have provided a full and detailed statement for both sides at the hearing to include all the actual payments, the interest rates applicable, the charges made and when and what for and correct and true balances. Anything they provide that is not accurate must be challenged as these companies like creative accounting to imply higher amounts outstanding than actually are. They should have sent you their procedures before starting court action. There are pre-action protocols to follow and court action should be the last resort. You are quite right, they should have produced the mortgage contract as this is the same contract on which they rely to impose their charges - on which you have a financial relationship with them and all terms and conditions relating to it are those that are now being employed against you. This is two way traffic - they must disclose and do not let them charge you for information either - you should get this info in your sar. Did you ask the DJ to look at their legal costs or is it open for them to add whatever they say to your mortgage account? You can ask for copies of their legal bills and ask a court to decide them - you dont want these attracting interest if they are added to the security. Hope thats helpful.

Hi - I'm pretty sure that a company cannot ask a consumer to indemnify their losses

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Hi - thanks for your input - I am still dealing with this case of mine and hope you are going to chase your charges despite what fos say - u can still take it into court and we know that fos get it wrong at times too - lol.

Hi and many thanks for your responses. I have telephoned the company and they say they are adding interest - to the tune of £500 per month ! since they have added so much to my balance it is hard to know what is what anymore and so i telephoned the previous company (before they sold it on) and they say it they will not answer any questions as they no longer own the mortgage. So frustrating. So, I have given all my latest information to the team at the FOS and included the question about interest on costs, capitalised sums, transfer of balances, fees and charges, and the fact that they owe me a refund as this a GMAC mortgage (following that fine laid down by FSA), and copied all this to the solicitor acting for us too. It would be great to get it all sorted out and interesting to see how they are gonna justify their behaviour and charging policy - even making late payment fee charges as the DWp take a while to sort out the JSA and they even said they dont care they will carry on making those charges!! Horrors they really are. Will keep you posted and thanks again.

Hi thanks. I think that if a sum of money is set in stone by a court and there is nothing written or said about adding interest then it must surely be that sum and that sum alone - these are costs claimed by the other side and reduced down by the judge from their overinflated original requests - and I think that having had it stated that it be added to the security must mean that it has not been allocated as being due by any specific date or at any specific rate, but rather, sounds like it should have been a capital amount added to the mortgage - still not sure about that one either but is an interesting question.

Hi - thanks for the prompt response - I am hoping that either the FOS or the solicitor will pick up on this as it seems to be one of those open ended things that would never ever actually be paid if left the way it is set up now - arrrgh. I suspect that the serciving company will say it is an expense and therefore added to my balance of fees and charges and as such will then attract interest, but, this would be contrary to what the court order says, and furthermore, the court order doesnt prescribe any way to pay this off but simply deals with the mortgage arrears themselves - so I am a bit lost at the moment as to whether our own solicitor failed, at that time, to address this matter properly. Of particular interest to me is that it says: to be added to the security. well what does that actually mean? thanks again