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Morning All, Need some advice. I won’t go into all the detail and bore you but have been having issues with my mortgage lender IF. To cut a long story short I have managed to get IF to allow us to port our mortgage to a new property after getting a solicitor & my MP involved. This is part of the product. Anyway we have sold our house after 3 years on the market and found a similar sized property out of town for a much cheaper price. In effect it will reduce our mortgage payments by 50% I spoke with IF and advised them of this 2 weeks ago and they only got back to me on Friday after calling them every day. I even made them aware that we could lose the sale if they didn't pull their finger out sooner rather than later. IF have now told us we can move the mortgage on certain conditions. We can meet the conditions apart from the Credit Checks which they are fully aware of as we were making reduced payments for 3 months. If we were making reduced payments on the mortgage surely they are not that stupid as to think we were keeping on top of the other bills we had?? The arrears has now been capitalised. Anyway my point is if we fail the credit checks which we will do (not so much my wife, her score is 920 as of yesterday. Mine doesn’t even have a score LOL) can they refuse to allow us to port the mortgage? We have it in writing that they will allow it given our circumstances. Letter dated August 2011 from IF – We made you aware that we would consider this option to help you out of your current situation, even though you would not normally have met our lending criteria due to the arrears on your mortgage. Letter dated December 2011 from IF to my MP – This is not a request that we would normally allow given the arrears situation, however, I have made arrangements for this to be APPROVED on an exceptional basis, give his financial circumstances. IF seem to keep changing the goal posts and when I queried them on the letters I had received etc they said I had taken them out of context. How can the 2nd letter especially be taken any other way than HE had personally APPROVED our request? So my question is, can I sue IF if they now refuse to allow us to move knowing we cannot keep up the payments long term? By moving we would be in a much better financial position and would be able to live again instead of existing. Thanks as always Scrapper Coco

My mate had the same thing. Wescott returned to MBNA then a letter stating that it had been sold to Arrow Global re Wescott. Seems like they are getting to books straight and off loading all the old unenforceable debt. I wish them lots of luck NOT Regards Scrapper Coco

And there's the little matter of being offered a full & final by MBNA then defaulting and terminating the account before the final payment date Thanks Scrapper Coco

Hi All Well it's been nearly a year since my mate heard anything and today in the post a nice letter from MBNA assigning the account to ARROW GLOBAL and to make all payments to Wescott. He's sent an SAR today as there's bound to be loads of charges since he's had the account dating back to 1998. What should he do with regards to this assignment as MBNA still haven't supplied the CCA he requested nearly 3 years ago but have passed it from one DCA to another. Much appreciated as always Thanks Scrapper Coco

I might be wrong but I don't think the can legally hace sold your house for less the 75-85% of market value. I remember seeing an advert somewhere stating something along the lines of "Did the bank sell your house for less than it's market value? If so call us now on xyz" If I am right you could go get some cash out of them, fingers crossed. Then clear the other debt with a full & final offer. Thanks Scrapper Coco

Hi ims Thanks for getting back to me. The solicitor has advised that I should forget CP and go straight after NR as they are the one's liable as they sold the product to me in the first place. He also advised that FOS should never of allowed NR to push the blame on the underwritter in the first place. NR admitted liability and shouldn't have been allowed to just fob of me and FOS with you've made a claim and aren't out of pocket so tough. The underwritter only carries out instructions from the policy provider. I already have the terms and know exactly what I am owed from them. I suppose my only option now is to sue Northern Rock and let a Judge decide the outcome. Something that should be so simple and is there to protect me from the unpredictable has turned into a bloody nightmare. Thanks Scrapper Coco

Hi ims, Thamks for getting back to me. I had the same thought so what I have done is sent of an SAR requesting my Statements from 1999 onwards. This way if I get them I can double check that the additions fee was removed (I know it was 100%) then added back again without my permission. Then if I prove that point I will write back to FOS with here's the bloody proof considering you call me a liar. Then I'll write a letter of complaint to the Chief Ombudsman advising that their service is second rate at best but most likely third rate. Then I'll issue proceedings against Sharkleys to get my money back with interest and hopefully get the DN removed at the same time as requesting compensation for the stress and hassle I have been caused. Let alone the wrecking of my CF. Lets not get carried away though lol Thanks Scrapper Coco

Hi DX Thanks for getting back to me. Yes it has a great big S on it. I didn't think they were allowed to issue a new DN? Or am I wrong? An invalid Default Notice cannot be remedied by simply issuing a new Default Notice. The Claimant may not serve a second effective default notice in prescribed form post-termination of the agreement. Any such second default notice will necessarily state a date by when I would be required to comply after which in default the agreement would terminate. The second default notice would therefore contain the fiction that the agreement endured when that cannot be the case, as it will be terminated on **/**/**. Terminating an Agreement on the back of a defective Default Notice, simply confirms the undeniable truth that Termination of the agreement by the Claimant was carried out in circumstances which then prohibited them from enjoying the benefits of Section 87, namely the opportunity to seek early Payment of a sum that was, prior to Termination, only payable in the future. The reason I ask is because this morning he's received another DN claiming a totally different amount with a new date on it. This one also has been sent via UK Mail and has a big S on it. With this one though they are advising that if an agreed payment cannot be reached. He's been on a payment plan with them for over 3 years now but has had to reduce his payments as his income has gone down. They issued a DN on him early last year and when he queried it they said it was an error but this time they said it's not an error and will happen unless the arrears is paid. Is they treating customers fairly given the arrangement of 3 years + ???? http://i420.photobucket.com/albums/pp284/djackson29/SainsburysDFN2b.jpg http://i420.photobucket.com/albums/pp284/djackson29/SainsburysDFN2a.jpg Any advise would be appreciated Many thanks Scrapper Coco

Afternoon, Can someone let me know what my options with this case are? I feel like I'm being shafted by both FOS & Sharkleys Thanks Scrapper Coco

Afternoon, Can someone let me know if this DN is invalid Thanks Scrapper Coco

Afternoon, Can anyone advise me what steps I should take next on this matter. Northern Rock have admitted in writing they sold me MPI, yet Cardif Pinnacle say the policy I have is Secured Loan Protection and the Terms are different. Really am being given the run around Thanks Scrapper Coco

Can they legally charge 12% interest? My BC has been assigned to them and still awaiting my CCA last communication from them was back in July 2011advising they have asked BC for it. What they don't know is I have a copy and it doesn't state on it anywhere that if sold interest can be charged. It's also from 1992 so it's more than likely unenforceable anyway. They also defaulted the account an updated my CF with 1 week and I never got a DN from them. BC never DF my account in the 2 1/2 yrs I've been waiting for my CCA. BC didn't even show on my credit file ever then crappot went and ruined it all Thanks Scrapper Coco

Can someone also advise what charges he should be looking for as I've told him to do the SAR like I told him in the first place. Thanks Scrapper Coco

Afternoon, Back again. Can someone look at this DN as I'm positive it's invalid. It was also posted UK Mail and arrived today only allowing 10 days to retify. He's not bothered about the default at all so I have advised him to let them terminate on the 22/01/2012 and them pay them £1 per month to clear the arrears and they can go whistle in the wind for the outstanding £7500 Please advise if you think differently http://i420.photobucket.com/albums/pp284/djackson29/SainsburysDFN1.jpg Thanks Scrapper Coco

Hi ims, Thanks for getting back to me. I requested in writing that the additions fee be cancelled back in April 2000 and even have the name of the advisor who I handed the letter to. The reason it was never posted was I worked 30 seconds from the branch in Lombard Street. I also cancelled the Reserve Fee as I was being charged for £22 per week on top of the £130 interest I was being charged monthly for my OD. I also put this in writing and even called Barclays to ask why they hadn't taken it off the account. They did but refused to refund the other weekly £22. If you read the final response from FOS they are saying they don't believe me. Barclays are only prepared to refund £6**.00 which is not acceptable. With regards to the PPI yes they refunded all my payments (£5000 after they had already paid £12k off the OD) when I kicked up a stink about not being able to claim again. I know for a fact that I cancelled the additions fees, but have been unable to get hold of any statements going back that far to be able to prove it. I know they removed it as I checked at the time but somewhere along the line they have added back onto the account. They closed my account in 2010 after I refused to talk about repayments until they investigated my complaint which the refused to do. Then just but a default on my CF whcih prevented me securing a remortgage at a better rate. They have assigned a number of DCA but I keep telling them to do one. Now that FOS hae made their totally unbiased decision LOL I won't be able to hold of the DCA's much longer and could end up with a CCJ for something Im 100% positive about. Hope that makes sense Thanks Scrapper Coco

Can anyone give me some advice? If not I look on another forum Thanks

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The DMP company I am with has told me that out of all the creditors they deal with Sainsburys are the worst and they just won't budge without some real pressure being put on them. They even told me on the phone and in writing that you borrowed the money so you have to pay it back with interest. Didn't care that I had lost my job of 15+ yrs due the actions of a banks and especially the one they are associated with. Sainsburys have lied to me on so many occassions and even confirmed it in writing them completely denied it when challenged over it. So here's hoping that they do lose their credit licence and they all get fired Thanks Scrapper Coco

Hi all, I tried doing my own DMP with my creditors which was fine for 6 months as it was interest free but after that they started adding interest at a reduced rate. As you can imagine this meant that I wasn't actually paying anything off the balance. I tried speaking with them but they were not interested (Sainsburys was the worst) I actually owe them more now than when I started reduced payments and that was 3 years ago. For every £100 I paid them the were taking £90 in interest. It would have taken my 20yrs to pay them off and they would have been paid back in the region of £45K for an £7.5K debt. So I entered into a DMP with a recognised company and all interest has been frozen and will continue to be as long as I keep to the monthly payments which are reviewed every 6 months. My CF file shows that i am on an arrangement and as long as I stick to it everything SHOULD be fine. Even when I was doing this myself for near on 3 years non of my creditors defaulted me as I kept up the payments. I'm not saying it won't happen in the future it's just my experience so far. Fingers crossed I would have sold my house and paid them all back before it does happen. Thanks Scrapper Coco

Morning all, I'm back & require some more advice before I decide which steps to take. Either accept the offer or take them to court. I got my final decision from the Ombudsman and it was what I expected. FOS are not worth the space they are currently given and should be made up of people who actually understand the corupt practices of the banking insitutions which brought this country to it's knees. I even had my MP try and tell me it wasn't the BANKS fault? What the feck. Anyway rant over and back to business. FOS haven't taken any of the evidence I have provided into consideration i.e. Letters to Barclays cancelling these products. In fact they have totally overlooked that fact that I personally handed the letter of cancellation of the additions fees to a named advisor in the Lonbard St head office as I worked less than 30secs from the branch. This is now a coffee shop. Also they keep refering to financial hardship. I never told them I had problems. I just complained that I wanted back money that I feel is legally mine. There is also the little matter of if Barclays feel they have done nothing wrong and the Ombudsman agree, WHY are they offering to make a payment at all? Also why did Barclays allow me to increase my overdraft online without any checks to £19K when their personal account restrictions will only allow a max of £15K. Even my personal advisor xxxxx xxxxxx was at a loss to explain how this had got through the system. Does this count as irresponsible lending? Barclays also reduced that O/D to £1K while it was being paid off with PPI. Barclays refused to allow a second claim when I was laid off again, but refunded all the PPI. If they hadn't refunded and aloowed a second claim there would be no monies owed and I would have ended up with a default on my CF. Barclays then closed my account while in dispute and with FOS without any explaination. Would any of the above fall into the BCOBS and Unfair Treatment - Common examples of Banks Behaving Badly ? Anyway have attached the Final Decision for any comments and help you can provide. http://i420.photobucket.com/albums/pp284/djackson29/FOS1.jpg http://i420.photobucket.com/albums/pp284/djackson29/FOS2.jpg Happy new year and thanks as always Scrapper Coco

How old is the arrears? What tax years? Have you had any correspondence? If so when? Thanks Scrapper Coco

Hi Surfergirl, I had the same problem with a tax demand for £2500 but my accountant sorted it out. You should read the letter carefully, and check which tax year the demand relates to. The law states that, in cases where you have provided them with sufficient information to properly work out your tax code, HMRC must present a demand no later than 12 months after the end of the tax year in which that information was given.Many taxpayers, however, are receiving demands that relate to bills much older than this. If you are confident you have provided HMRC with the information they need, and the demand is outside the time limit, you may not have to pay it. http://www.moneyexpertise.co.uk/hmrc-underpaid-tax-what-do.html Hope that helps Thanks Scrapper Coco

I have printed off the T&C's on Cardif Pinnacle's website and filed away for future reference. It was the first thing I did. It has only just been passed to an ombudsman so it's most likely going to take a long time before they look at it. I thought about cancelling the policy and asking for all my premiums back since my last claim (£800 + 8%) but was advised to keep it alive should FOS rule in my favor and I needed to take legal action against CP or NR. What makes me so angry is that Northern Rock have admitted in writing that what they sold me was MPI and that they mis-sold it to me and FOS have all the details concerning this matter yet they still rule in CP favor as it wasn't CP that sold me the policy and they are only the underwriter. So in short they they won't rule against CP and tell me to contact Northern Rock. Northern Rock admit they sold me MPI not Secured Loan Insurance and that they mis-sold it and tell me to contact CP. Getting the picture? I'm being given the run around and FOS haven't a clue. What should be happening here is the FOS should be telling Northern Rock that their underwriter has messed up by setting up the wrong product and forcing either Northern Rock or Cardif Pinnacle to put matters right. But the easier option is just to try and fob me off as per the norm. But all FOS keep telling me is that I'm not out of pocket and have claimed more than I paid in (isn't that rule of thumb for insurance? They quote a price and if they lose so be it) so they can't rule in my favor. I am out of pocket because under the T&C's of the MPI I was sold I am legally entitled to make a fresh claim which I am being denied leaving me to the tune of £5k out of pocket. They also keep shifting the blame between each other. FOS are not fit for purpose and should broken up. Then set up another service with people who live in the real world doing the investigating and not showing clear bias towards financial organisations. Rant over Thanks Scrapper Coco