If this is the case how is your OH going to investigate this ????? Does he need to??? My OH can barely remember (or want to remember) his life then. In the end he was made redundant and had a nervous breakdown I very much doubt he can give details of bank accounts etc from that time..

yes... a full data request was made but nothing new turned up

I'm very much afraid Uncle B, Brig and the rest of you kind souls who have supported me (and my OH) through this so far... that I am now doing a very passable impression of an ostrich!!! I have completely frozen and can't think what to do or how to do it. Solicitors, after our last experience and financially, are out and we both recognise that on the balance of probability THEY will never believe US and will now hound us .... HELP!!!!!!!!!

A relative of mine negotiated a settlement of about £2k for a £30k mortgage debt. If it gets to that Uncle B, can you show us how??? I'm in no doubt that as soon as the month is up we will be on the receiving end of an avalanche of nasty letters... and am not looking forward to it

But that code does not stop them (in our case a company that now no longer exists, RBS) saying they did contact you before the 6 years and hounding you for years after on a 'probability' that it was the mortgage holder they were dealing with!

From my Insurance background, I would say that most Home Insurances will not cover such a situation. Also you would have to read the terms of any legal expenses cover in regard to when the dispute occurred. This issue has been going on for years and therefore any current Insurance is unlikely to pick this up. BUT it is worth enquiring. But we only have known about this since July 2011....we've had home contents since we moved 5 years previous to that???? The advice you need is about the emails and unsigned letters as to whether these came from your OH and acknowledge the debt, But these came in 2004 (definitely the letter and I think the emails too, so would they not be after the 6 year time frame???. Also a Solicitor may also comment on the conclusion of the FOS, that on the balance of probability that the payments up to June 2000 came from your OH. Just because the FOS have accepted that the payments up to June 2000 came from your OH, does not mean a Judge would come to the same conclusion. The thought is just tooo scary Uncle B.....

Really????

BTW.... Sorry guys I'm so stupid there's a bit on the back......(I never get past the 'Congratulations for choosing a Suckalot vacuum cleaner or Crash, bang, wallop DVD player', part of destructions either!!) It doesn't alter the outcome I'm afraid but it is about the whole point of our appeal The FOS wrote in the ombudsman notes section...... that we ' referred to the fact that the H was unable to provide details of the account payments were made from and discrepancies between H' list of Payments and the DCAs list'... and the FOS..... ' do think it is unreasonable for H not to have kept a record of the account that payments were made from' but that.... 'discrepancies could be accounted for by delays in transfer of payments and deduction of commission' But tha'ts it... Apparently, it is unreasonable that the H suck at keeping records but we'll just take their word for it and put another hard-working couple through the mincer and into deep doo doo debt or possibly even cause them to lose their home! Jeez Louize

Sorry...Rant over!

in which case the insurance co would put you in touch with a solicitor But not pay for them???? Just say something like...'Oh Blogs, Dash*t and Doneuplikeakipper. cover your area' .???? We can find solicitors ourselves...i'ts finding a good one who knows his stuff and being able to pay for it that we can't do. After all the problems I had last year with solicitors (of the inept and expensive variety) trying to claim a few childhood mementoes off my fathers witch...sorry I meant widow.... A cool K down the tubes and still nothing out of her! The bits and bobs are only sentimental not worth a bean....I should have just offered the old bag £500 for it, the covetous cow.

Hi Uncle B, 'made payments in respect of the shortfall up to June 2000' is what they said...... but I thought that IF the H makes contact with you or you make any payments within 6 years of the debt, ie when you default on the mortgage.... you're stuffed!!! ????? Also H had 'evidence' of emails and more importantly an (apparently unsigned) letter offering to pay £1k in full and final from my OH in Sept/Oct 2004.... This was not mentioned at all in the decision, only what I quoted in my previous post........ Q: Do they send the response card to the H as well as us, asking then to agree or disagree with their decision??? and what are the connotations of accepting or rejecting??? I know which we are thinking at the moment.....Can you tell what it is yet??? (said in my best Rolf Harris)

Hi Guys, Uncle B,the Brig Well we received the final decision from the FOS this morning, I knew time was ticking down and have been dreading it and I was right, I'm afraid.... it's not good news! they have based their decision..... 'on the balance of probabilities...ie what (they)consider is most likely to have happened in the light of the evidence' They say thay are........ 'satisfied the H contacted (my OH) within the 6 year period, and that he made payments toward that shortfall up until 2000 and do not consider the H have treated him unfairly' they also state that 'they do not consider that the H acted without due diligence in marketing and selling the flat' so they will not uphold the complaint..... they have included a little card for us to return by May 13th, either..... accepting their decision which will become legally binding (AAAGGhhhh!!!) or rejecting the decision,which will apparently not affect any legal rights he may have..... which seems to be an interesting turn of phrase...what legal rights may we have?????? Absolutely none I suspect. So guys, that's us down the Swannee is it????

thx; thats what I thought, cos although this is a very big deal for me and my husband, its probably very very small beans to SS's

Received a letter from SS's this morning, (thats pretty snappy work, I only sent it on Monday!) Saying that they have received our letter and the 'matter has been placed on hold while we seek our client's (the H) instructions' All good ? ! ?

thanks.... as to postage...they enclosed an envelope hahahahhahaha! this time it won't cost me anything,('tho I will get proof, natch!) Done!!

So the original letter/forms and bumph back to SS's with a note written on it (keeping a copy of this for my records) and a copy of the last letter from the FOS.... 1st class ? Recorded delivery??? Just a thought..... on the letter from the FOS they show my name, which is not the same as my husbands, as i am his authorised contact for the FOS... Now do I want SS's or the H to have that information... Should I delete/ obscure it?

always!

fingers crossed! no mail from anyone today. I'll wait 'til the weekend and post off on monday.

Uncle B, you are pure gold!always here and ready to help So no sarky comments about harrasment? breaking rules? Do you think I should wait 'til the weekend/ Monday before I send it re: the last comment on my post?

Send them a copy of their letter, The one that came today? ] their letter has been sent by mistake. Really, I thought these guys didnt make mistakes?? They are not supposed to send these letters while the matter is still under review by the FOS Yes that was my understanding of it too..... So something in the order of... May I remind you that this matter is still under review by the FOS and contacting me in this way contravenes the (what????) you naughty, naughty SS's Shall I wait 'til the weekend just in case they know something I don't ie a letter is on the way from the FOS saying all hope is lost, go directly to jail, do no pass Go, do not collect £200....

Hello everybody and a Happy New Year to everyone except..... We received a letter from the lovely SS's today. I note thay have rebranded their stationary, nice to have the money to spend on such fripperies! Anyhow, they note their 'client' gave a 'full response to our queries/ complaint, raised in January last year, which were issued in March last year' and since then have received 'no settlement proposals in respect of our outstanding liability' They enclose some forms requesting my OH's financial details and 'wish to arrange a monthly payment plan', (that would be 'til the end of time then) or alternatively that their 'client would be prepared to accept a one off lump sum'...they make it sound like a great offer available only to us...bargain rates, sale ends next week... etc There is also a paragraph stating that these offers are 'strictly in respect of our liability alone and they reserve the right to pursue all other parties to the mortgage including any guarantors for the remaing sum outstanding Whatever that lot means So guys, have I missed something here???? Was'nt it in November that the FOS informed us that there investigation into our complaint against the H complaint was ongoing??? What are SS's , with their fancy new stationary, playing at???? Answers on a postcard......

'It's the Christmas sherry then'..... Sherry???? God that's just wishful thinking at the moment... Today's the 'go out and forage' day...I'm getting an early start and then...finito, I'm not venturing into a shop 'til the new year!!! Byyyyeeee!!!

OOpps! sorry!! Uncle B, I got the quote from the song wrong! D'Oh! its the other half that's the Pink Floyd fan. That's my excuse and I'm sticking to it!

Well dear friends (Is there anybody out there oh ooh...Da Di Dam...A very bad rendition of Pink Floyd) All has been quite for the last part of this horrible year, thank god, so all i can say is that I wish all of you who have been/are following this sorry tale, who have given me so much reassurance and support, and especially the Brig and Uncle B. A Wonderful, Warm and Happy Christmas followed by a Prosperous and Debt Free New Year

but what if the FOS don't uphold my complaint????? Can you tell that I worry for a living??hahahahaha