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.

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?

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.

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.

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

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?

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.

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?

OK.. Have posted it in a new thread..

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?

Can you tell me how I start a new thread as I do not know how to do it please?

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?

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.

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.

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.

OK... will scan and copy relevant paperwork but in the mean time... (and thank you) Yorkshire Bank overdraft originally £5000 June 2010. Yorkshire Bank informed that they would be lowering by £70pm due to less money going into my account!- unable to keep up with payments due to ill health and several operations for back an tumours. December 2010 I informed them I was in financial difficulties and asked for there help... didnt even bother. Keep lowering my overdraft £70pm. Contacted CCCS - December 2010 I wrote to the bank early this year and gave them CCCS details and started to pay £1pm which they wouldnt accept and kept adding charges on for the overdraft / signature account payments / interest / DD returned. I wrote to them explaining my health issues, etc and that I could no longer afford to pay my overdraft and credit card as I could no longer work. They replied to me about 3 weeks later and then wrote to me again saying that I needed to write to them to close my account after months of charging me. I did that and they stopped the charges and decided in August to accept the £1pm. Did not receive a default letter for my overdraft from Yorkshire Bank but I did my CC account? October they 'assigned' CABOT to this debt and my cc debt with them. Spoke to CABOT who said they would not accept my £1pm payment and litigation team would be in touch. I didnt hear anything until November from MORGAN solicitors stating my account was in default and the full amount is now outstanding. December 6th Northampton County Court Claim form for the amount of £4337.75, court fee £85, solicitor fee £80 total £4502.57 It's dated 2nd December 2011, 5 days from that date to arrive and 14 days after to respond. CC account with CABOT £11710.98 they have just wrote to me at the end of November asking me to get in touch urgently!

Hi, I had an overdraft with the Yorkshire Bank who messed around with it for ages before finally deciding to accept my £1 pm for the debt. As soon as they decided to accept the 'assigned' the debt to CABOT. They sent a letter informing me and I phoned them (stupid mistake I know) to explain my situation that I have been ill for some time and could not work due to this but would continue to pay the £1 pm until and if my circumstances changed. They immediately said no and it was passed to the litigation team. I still continued to pay the money despite them saying no. Then out of the blue they decided to send me 'online Northampton County Court' papers which I have to send by tomorrow (I have been very ill hence the late reply)... I never received a default letter from the Yorkshire Bank and not sure if I should have been? The DCA have now added court charges and solicitors fee (they use their own in house solicitor) so the debt is £4502 instead of £4337 (this is with charges from the bank before I closed the account).. I have a house I live in and they know that so they are obviously after the CCJ and then if I fail to pay they get a charge on the property. I dont know what to do about it all? I want to write a letter to CABOT to try and stop the court proceedings but I am out of my depth and dont know what to say in the letter or how to prepare it all? Is there anyway I can stop this? Can I try and do an out of court settlement for a lower amount (borrow money off a relative if needed)? Can they take me to court without the original creditor (Yorkshire Bank) issuing me a default notice? What can I write in my letter that will make me look like I know what I am talking about and help my case? Template letter or a letter one of you have done if had dealings with Yorkshire and CABOT? Please help!

Hi, I am sorry about you having been through bankruptcy. Did you loose your home or anything? I have been reading the link you sent to me and I just want to clear up a few things as my head is all over the place today. I take a lot of medications, do not sleep much and am worrying about everything with the bankruptcy so please bare with me. You mentioned about buying back the interest in the property. Is they interest meaning the difference between the mortgage and the sale/value amount? If I have a house of £100,000 and they value at say £95,000 then obviously it is in negative equity, is that the interest I would have to pay to buy back £5,000? Or the other way around of being in equity of £5,000? It says that if the trustee can not sell your house they may put a CO on my interest in it, but only if that interest is worth more than £1,000. Then goes on to say if the CO is obtained then the property will be returned to me but the legal charge over the interest will remain? But, if after a period of normally 3 years, the trustee has not sold or obtained a CO or I may not have come to any arrangement with the trustee about the interest, it may be returned to me? Did you have any of the above when you went through bankruptcy and if so, and you do not mind, could you help me understand it better with your own personal history of what they did? I am trying to see what I can do in order not to loose my home and be prepared. I am still also unclear as to what they do with regard to checking all your position. Do they actually go through your bank statements and all finance or do they go off all the information you give them? Thank you

The BTL properties cover the mortgages and give a small income. It would be better for me and probably them if I could continue to keep them and be able to live off that instead of being in receipt of benefits and also contribute towards the debts. I am unable to work due to my health and that wont change for quite some time. I guess its a waiting game then to see what happens after the 2 year and 3 months.. That assuming they let me keep the BTL houses. I have all the paperwork to start the bankruptcy myself I just wanted to understand how it all works as everyone I have spoken to has told me different things which just made me even more confused. I have never had to deal with anything like this before. I will read the link and come back to you with any questions if that's okay? Have you gone through bankruptcy before? Thanks TK

Thank you very much for replying and giving me the answers I need. I will have a look at the link you have sent and try and sort this mess out tomorrow. Thank you again for your reply

Scott, Thank you for moving my thread. Where is any other information on Bankruptcy that I can read or that is similar to my situation? I am really lost with all of this...

Hi, My story. I own 3 properties, I rent 2 and live in 1. I bought my first property approx. 10-11 years ago and decided to remortgage it and buy another house with the money from the remortgage as a deposit. After a few more years I did the same and bought my third property as I was in a good job but decided a career change and was accepted for fostering children. After literally just moving in the third property my back collapsed and I had my first back operation (6 years ago). Then a year or so later my incurable illness (not related to my back) got worse and I was in and out of hospital having approx 5 operations a year. My back got worse after having treatment for my illness and I ended up having my second back operation, then my third, forth and just recently my fifth (7 weeks ago) where they finally pinned and plated it all. I have been unable to work since and for the past few years. I have ended up getting myself in to debt with credit cards, overdraft and paying out for everyday living, etc... I now owe £85k to creditors. I am not in a position to do any kind of IVA and it seems the only option I have is to go bankrupt. If (more like when) I have to go bankrupt do you have to declare everything you own , i.e property, car, etc? I am a bit confused about the whole bankruptcy thing to be honest. On the forms it asks you for everything you owe, income, etc. Then on some sites where I have been reading it says that the OR or Trustee (?) may ask for your bank statements which will show mortgage payments, any money coming in and out. Has anyone gone bankrupt on here and know exactly what they do when you apply? What do they ask for? What do they check? How long does it last when properties are involved? It says its cleared after a year BUT you can still be paying creditors up to 3 years and your property is checked (if it does not value more than the mortgage owed) after 2 years and 3 months? Will I be homeless or be able to keep the properties? One property is definitely in negative equity, the second I may have £3-15k equity and the third maybe £5k equity.. It depends how they value them? Who does that and how do they view you having 3 properties? Can anyone advise the best way to go bankrupt and answer any of the above? Really need help with this as I have contacted CCCS and they have told me I have no choice but bankruptcy and want to get it all sorted out tomorrow. I have 2 DCA that have threatened to put a CO on my property and all the other creditors have threatened door step collection and just keep writing threatening me. I know that they can not come in my home but I am concerned about the DCA with the CO. This is all a nightmare and my own fault to some extent but I really need to sort all this out and try and move on with my life and concentrate on getting better after all my surgery. Thanks...

Hi.. OK, this is now the situation. I have debts of £85k (it keeps going up every time I look) and I have no choice but to go bankrupt. I spoke to CCCS and they have set up bankruptcy forms, etc for me to complete. On these forms I have to fill out it asks for all property details ( I have one I live in and 2 I rent) income, car, etc. I know that 3 properties sounds like I am doing well for myself but, I have mortgages that I have to pay, insurances, keeping them in a good condition, etc... To try and justify these I have to say that I worked very hard before getting very ill 5 years ago leaving me unable to work at all and for the majority of the time in hospital and thought that by re mortgaging my first house up to the hills was a good idea to pay for deposits on 2 others. This was done over a period of 6-8 years. I then got ill, couldn't work, couldn't pay things apart from my mortgages and my main bills with the help of the rent and various other credit cards in the end... I have gone over and over bankruptcy and it really isn't as cut and dried as I thought it would be. Will I be able to keep a house? my car? Will they know everything I have if I dont declare it? Do they ask for your bank statements and check everything and every tiny bit of what yo have? How does it really work? They say you will be clear after 12 months (or less) but they can take payments up to 3 years?? Then they say that you can keep your home if it doesn't have equity in but then they review this after 2 years and 3 months? So, who values the house? Would they let you keep all of them or would they just take that away from you and sell at a silly price because you have 3 houses? If you then have MAYBE your home left and no money coming in from rent or anything will they then inform the mortgage company and then say you can not afford to live there and sell anyway? Can anyone shed any light on this?

Hi, I asked someone that very question on whether they would know about any other properties you may have or not have but the one you reside in. If (more like when) I have to go bankrupt you have to declare everything you owe , i.e property, car, etc.. I am a bit confused about the whole bankruptcy thing to be honest. On the forms it asks you for everything you owe, income, etc. Then on some sites where I have been reading it says that they may ask for your bank statements which will show mortgage payments going out. Has anyone gone bankrupt on here and know exactly what they do when you apply? What do they ask for? What do they check? How long does it last when property is involved? It says its cleared after a year BUT you can still be paying creditors up to 3 years and your property is checked (if it does not value more than the mortgage owed) after 2 years and 3 months? Can anyone advise the best way to go bankrupt?

Hi Bankfodder, I am completely lost when it comes to all of this. I find retaining information is a nightmare for me due to being very ill for a while and taking morphine, etc... So please bare with me.. I was with the Yorkshire Bank. I had a credit card and current account with an OD facility. I couldn't keep up my payments after becoming ill and the bank just bombarded my account with charges and interest. I now owe ??? of what I did originally. So, can I claim back the charges and interest even though I went overdrawn and exceeded my overdraft limit? I thought that you could only re claim charges after a default or terminated of contract has been made? How far can you go back with your claim (if there is one)? The bank have just sold my debt to a DCA and they have told me they are putting a CO on my property. Does this make a difference to claiming anything back? I also have other creditors that I owe money to which have done the same with charges. Mostly credit cards.