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Tk38

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  1. Hi, Maybe posting in the wrong place but I have a Mortgage with the BOI and they have just put my Mortgage up 50% which is nearly £300 a month more! I am absolutely furious and have no idea if anything can be done about this? I also know that all the other companies are following but at rates of 0.5% or a little bit more not 50%. Surely that is completely unreasonable since we have had to bail the b*****ds out in the first place! I was thinking of writing to my local MP? Or maybe starting something like a petition for this as I am sure that many of you have Mortgages within the RBS group? We are all in an economy meltdown as it is and then having to bail out the banks, people are struggling to keep their homes, food, work and family's together because of all of this hence why the BOE has lowered the rate to a record 0.5% and then the Mortgage companies (especially once we bailed out) have raised their SVR to whatever they want to! This is very unfair and something needs to be done before many more people end up losing their houses including myself. Is there anything we can do? Is a petition a good idea? If anyone has any views, ideas of what we can do then please let me know what your thinking.
  2. Hi, Not been on here for a while so thought I would share my experiences with you. I sent off the court papers as previously said in the thread. I have found that my defence is not strong enough so I will have to make a out of court settlement! It was what I was trying to avoid. The Yorkshire Bank have also got away with the unfair treatment as my letters didn't bother them and I had no further help with these to take any further. I wonder how many of you have won a court case using BCOBS?
  3. Up date on this account. After sending Cabot a letter on the 19th December 2011 delaying any contact with them till the first week of January 2012 they send a letter back dated 22nd December to say that they look forward to hearing from me in the first week of January 2012. Yesterday I received a letter from Cabot dated 3.1.12 titled - Repaying the account: The Cabot Group have recently bought the account you held with Yorkshire Bank and we've tried to contact previously. Its now vital that you contact us urgently to discuss your account. It then goes on to give me the ways I can pay this account off.... They have not tried to contact me other than the letter above, which says they look forward to hearing from me in the first week of January. I have received another letter today dated 5.1.12 again titled - Repaying your account: Thank you for your recent payment. However, there is no agreed repayment plan currently in place. The most important thing that you can do now is to get in touch with us....... As I had an agreed payment plan with the Yorkshire Bank for 3 months of paying £1pm I have maintained this and paid the Bank and Cabot each £1pm. I know this is not ideal but, I as I am unable to pay more at this time and due to the agreement with the bank I have continued to pay what was agreed. I did contact Cabot when they bought the debt in October and explain about this agreement but they didn't want to know and decided to pass to the litigation team. As the bank have broken there promise and sold the debt before the end of the 3 months I sent a letter to them explaining there breach of statutory duty to treat their customers fairly, etc. My next step would be to do another letter to the bank and to Cabot? The account with the bank was maintained fully until January 2011 where they let me go over the account limit by £466.83 in January alone... some of this was in charges of £12 late fee, £12 overlimit fee, £ interest (cash) @ 2.14% pm £234.65, interest @ 2.008% pm (purchases) £6.10... I contacted the bank early in 2010 to explain I was struggling due to a long term illness and surgery, and asked if they help me by cutting back on the interest and charges. They wouldn't help me. I contacted them again in December 2010 after being in touch with CCCS and they again ignored my letters and carried on writing to me saying I had not been in touch with them and carried on adding charges and interest to the account. 1st Feb 2011 £300.54 in arrears. 14th Feb 2011 £712.56 arrears. Minimum payment £1586.83 14th Feb - letter to say my card is due to expire and they would not be issuing an new one. 16th March - £967.13 arrears. min payment £2100.97....... Finally replied to my letters 16th May 2011 saying they are prepared to accept a reduced payment of £1pm 16th May £1182.02 arrears. min payment £2799.87 7th June 2011 - Default letter 26th July bank agreed again to accept £1pm for 3 month but sold the debt to Cabot on 12th October 2011 despite payment made on time every month. I am now back at the start of this page with Cabot and the Bank.
  4. A quick update on the Yorkshire Bank / Cabot / Morgan court case. I filed a defence to the court on the 3rd January and I have today received a letter from the court acknowledging receipt of my defence. A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen. Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay. Will now wait for the 28 days and 5 days? to reach the claimant and see what happens. I was reading a case going back to 2007 on here in regard to Egg and even though nothing was done and the claimant did not respond in the 28 days, they did however contact the creditor a year later with a different DCA demanding payment! I am unsure as to what happens after the 28 days but it seems that they can then start harassing you again when they feel like it? Maybe the law has changed slightly with this? I am going to try and read some further up to date cases like mine but would appreciate if anyone has been in this position to let me know what happened to them.
  5. I was bothered about Cabot making a claim but you are right in what you have said. I now need to send the bank another letter this time COBS instead of BCOB.. The charges on this account have been: Overdaft limit £12 Late fee £12 Interest pm cash Interest purchase
  6. Bankfobber, I sent the initial letter to the bank that we drafted and they have not replied. I wrote to Cabot to say I would be in contact with them in the first week of January. What else can I say to the bank?
  7. Hi, they can of course sell the debt at any time, is there any PPI/ charges reclaimable on the account.? - As you say Cabot are unlikely to agree to £1 a month on a balance that big. How old is the account and when was the last payment?- Have you done CCA request to Cabot, if not do so now. Also do yourself a personal I&E statement so that you know what you can reasonably afford to pay. In the event that a CC claim is issued it is unlikely that a court would increase a payment level if a ''reasonable'' offer has been made taking I&E into consideration. No, there is no PPI The account was started 2000. The payments dropped to £1pm after speaking to CCCS in December 2010. I contacted the bank and they finally agreed to accept £1pm in May 2011 for 3 months. They then accepted me to pay a further 3 months of £1pm. But, on the 18th October they sold the debt to Cabot. I sent them a I&E and also did one through CCCS and one myself and they can see that there is no spare money due to becoming very ill and not being able to work.
  8. Ok. So, COBS is still to treat your customers fairly, communicate information to them in a way which is clear, fair and not misleading.must manage conflicts of interest fairly, both between itself and its customers and between a customer and another client. The Bank has not treated me fairly and has pulled out of an agreement before the 3 months is up of the £1 pm. They have sold the debt to Cabot without a letter, discussing, communicating or trying to sort out anything with its customer. The bank has had a letter sent outlining this and has been threatened by court action to which they have not responded. Cabot will not accept the £1pm until I can get back on my feet and are again treating their customer unfairly by: 1. Buying a debt which has an agreement already in place with the bank 2. Wanting a silly amount of money that I simply do not have to pay off a debt that has been bumped up with charges. 3. Will not listen to their customer (which shouldn't be their customer in the first place) and want to claim it all back by court action knowing I have a property. The next move if the bank will not respond to the letter is to approach Cabot with a new letter to try and get them to back off or can they be threatened with court action with COBS?
  9. Hi, I have been quiet on here while getting help via the consumer action group in the Yorkshire Bank court case which has now been sent back to the court with my defence for my Yorkshire Bank overdraft. I will update on this when I hear any further news. I have used the laws that Bankfodder has recently put up on the site. I now have an issue with my Yorkshire Bank credit card. Yorkshire bank sold my debt to Cabot/ Morgan before the 3 months agreement of accepting my £1 per month was up. The debt is for £11710.98 I have written to the Yorkshire Bank (as advised) expressing my concerns that they have been unlawful and failed to treat their customers fairly as per the 2009 law. I received a response which basically said that they have investigated and they are well within their rights to sell the debt on, etc... I advised Cabot the week of Christmas that I would contact them the first week of January. We are now in this week and I really done know what to say to Cabot to stop any court proceedings being made against me (like they have the overdraft)? I have continued to pay £1 per month throughout and I know they will not accept this any longer but I am unable to afford much more. I wonder if there is anyone would can help me with this and advise what I should do next with regard to contacting Cabot?
  10. Can you tell me how I start a new thread as I do not know how to do it please?
  11. Hi, I have been quiet on here while getting help via the consumer action group in the Yorkshire Bank court case which has now been sent back to the court with my defence for my Yorkshire Bank overdraft. I will update on this when I hear any further news. I have used the laws that Bankfodder has recently put up on the site. I now have an issue with my Yorkshire Bank credit card. Yorkshire bank sold my debt to Cabot/ Morgan before the 3 months agreement of accepting my £1 per month was up. The debt is for £11710.98 I have written to the Yorkshire Bank (as advised) expressing my concerns that they have been unlawful and failed to treat their customers fairly as per the 2009 law. I received a response which basically said that they have investigated and they are well within their rights to sell the debt on, etc... I advised Cabot the week of Christmas that I would contact them the first week of January. We are now in this week and I really done know what to say to Cabot to stop any court proceedings being made against me (like they have the overdraft)? I have continued to pay £1 per month throughout and I know they will not accept this any longer but I am unable to afford much more. I wonder if there is anyone would can help me with this and advise what I should do next with regard to contacting Cabot?
  12. dx, I scanned the paperwork last night which ended up in a word document, clicked go advanced, attached each letter in add files and then the inline and send button but it didn't work. I have no doubt it is my lack of pc skills... How do I send a multi page PDF? My printer/scanner doesn't have pdf and I cant safe as pdf when I scan the documents! If you can go through it with me id really appreciate it.
  13. Hi, Just an up date. I am looking into estoppel as requested and will publish everything as I go along and anyone with an understanding of this would be a great help. I have all the paperwork relating to this case and will publish it when I can work out how to send multi page PDF. Dx can you help me with this please? I tried to do what you said last night following your instructions but it didn't work! Id really appreciate if you could explain it and go through it with me please? You will see as I update everything and attach the paperwork that there are many floors with the Yorkshire Bank which when all is able to be discussed will help a lot of people in the same or similar situations. Also would appreciate if anyone knows more about DCA and property? They have issued the court papers online and I will attach so you can see what's going on but if there is anyone who has been in this position with a property can help me know my rights or give advice on what they can do I would be most grateful. I am posting an new thread for the same bank and DCA but with the credit card I have with them and again any advice would be greatly received.
  14. The lowering of the OD is what caved me in to be honest as I didnt have that extra money but they kept increasing in the first place without me asking and the decreasing it also without asking! I have tried to attach all the files but I am not the most PC friendly person and seem to be struggling... I have written confirmation from Yorkshire Bank. Yes. They asked me to close my account in writing after messing me about for months. I did that which is why I think they sold it on.. ??? Can they do that if they have an agreement wit you? Also, without the default letter? I am also concerned that they will send out court papers for the CC as well as they where both sold at the same time from the Yorkshire Bank. I did want to try and do a full and final settlement of the debts with borrowed money from a relative and offer them a very low amount... But, now they have the court papers I dont think I can do that? I refuse to pay them for the full amount knowing they bought for approx 6p -10p to the £.... I have tried to attach all the letters that they sent from the Yorkshire which, included that letter plus others regarding my letter of complaint that they just sent a pathetic untrue reply back. I have also attached ? the Cabot letters and Morgan solicitors and the court papers. So, if I send acknowledgement then that gives me 14 more days is that right bankfodder? I can fax it and I can also get a code online to file it and will get my mum to post recorded delivery tomorrow. Will ring the court and ask the time scale if working days. I will do first thing tomorrow and be online following your advice .. thank you so much for your quick response.
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