Hi, yes they did and charged me for doing so. And yes they linked it to a business account but half way through. There are also loads of notes in their files questioning what kind of loan it is so I dont think they know themselves as there is nothing in the contract alluding to it being a business loan or for a business purpose.

Thanks everyone, I've been reading them for a week now. I'll post up and you can tell me if I got it all wrong x

So I don't need to establish a duty of care anymore? Could I post a complaint letter on here when I've finished it to get some advice? Would bobs cover a loan that's secured on my house but isn't a normal residential mortgage? And what covered loans pre blobs coming in was that cobs?

Does it though look like misselling? I think it is, it isnt what I asked for, they didnt tell me what it was, explain the small pint or how it was right for me. as they renewed it they didnt consider affordability, even after I didnt give them a bean for two years as I was so broke.

I think where I am going is I want to write them a huge letter that says this is what you did, its wrong under this bit of legislation and you owe me xxx in fees / charges you shouldnt have charged. Anyway, as thats quite a lot and these things will result in me going for damages for all the stress youve caused, the breach of confidentiality twice and you will be fined so lets just write the debt off, remove the charge and we'll forget it ever happened ..... ?

They say its a business loan, it doesnt say it is on the contract. They then changed it to show it was when the CCA put loans other than business loans into that jurisdiction. Is it mis selling?

Yes, I have the original agreement. No where does it mention it being a business loan. It is more costly in that they raise the rates above base by 2 -5 % every time they renew it, compound arrears into the loan and charge me a fee for each renewal. Shouldnt it be in the contract its a business agreement? I guess Im trying to find out if I have any rights or not? Does BCOBS work for business loans too? The FCA? The FSAct on mortgages?

Hi all, Can you please give me some guidance on when a loan is not a business loan or even if this is relevant? I asked for a residential mortgage. I was given a loan. No where on the initial agreement does it mention business loan, corportate loan etc. It is in my name not my previous company's name. I was never a sole trader I had a company limited by share. My company had a relationship manager at the bank. He was someone who knew me well. I approached him for a residential mortgage as we had a 'relationship' and he was my first port of call. In 2008 on letters there was an additional phrase added to the letters sent. Suddenly my 'loan' had become a 'flexible business loan'. I was forced to open a 'business account' which looking at the documentation is a clubs and charities account, yet my company had folded in 2006 and I was caring for my son with no business interests at all. So I have a loan used to buy my house as an all monies charge against my house. I thought terms in contract were important? Does it matter I asked for a residential mortgage, they never explained what I had or the small print of what they had given me or not? A normal mortgage would have given me consumer rights with the changes to the Consumer Credit Act in 2008. So I find the fact they changed the wording was a response to making sure I had no rights and they could carry on raising the interest and adding fees whenever they choose. What do you think?

I thought that mis selling was someone giving you something other than you have asked for and not explaining why they had or what it was. So I asked for a residential mortgage and got given a loan, which they renewed every 6 to 12 months, increased interest rates and added fees every time. Not once have they explained themselves, or told me why I couldnt have a residential mortgage when back then my credit history was perfect and I was solvent. They have me down as a property developer who was going to let the property out to get me the loan yet I am a public health consultant, they had my company accounts, they knew what I did and they knew how badly abused I had been by my ex husband and so why I needed to leave quickly. When I queried intially they said I could have a mortgage when the marital home was sold. That took five years to get an order for sale, and then when it was gone, they wouldnt give me a normal residential mortgage and wouldn't explain why. I did query this as an implied term. I did see a Solicitor in 2010. He told me it was possible there was no contract. In 2010 they'd given me a loan in a new format, still not a normal residential mortgage but one that would cost me 1300 a month with a 7 year term. I didnt sign as I couldnt afford it and I hadnt agreed to it, I also havent made a payment to it since then. Its taken them 3 years to start talking about repossession. I dont have any money to pay a solicitor. Its not a case of false economy I have no money. My fridge broke 2 months ago and I havent had any money to replace it. We are beyond poor and I say that as someone who has worked since she was 14, has a phd and used to have a really good wage. We have sold everything. We now have nothing at all. I bought two chickens to give us eggs and turned over the flower beds to veg to reduce food bills. I got the gas fire taken out in the sitting room and had a woodburner put in. We slept in that room all winter, I cooked on it and heated water for baths. I have no car, brittle asthma thanks to the x breaking every rib in my body all at once and a shed load of meds to keep me up right. CAmeron may say poverty doesn't exist in the UK but he can come for tea and I'll show him WW2 survival conditions. I dont smoke I dont drink, we have no TV, we are vegetarian and I am teaching myself to sew so I can avoid charity shops and dress my children. I will not give this up without a fight, I have a brain and if I can just get the occasional question answered I'm willing to take them on. Sorry, bit of a rant.

It says very clearly on the statements what each payment is. Can they do that? X

Ok ... Help? The bank have confirmed an account they told me was closed has a 14,765 credit. It is maintenance for my son and my dla. They say it is inhibited as this are seeking repossession. I have them a first right of appropriation letter. They said it was irrelevant.

There have been 2 sar requests made, one in 2010, one in 2013. They only provided half the info on the first and the ICO said it was too late to challenge the second as over 6 months when I asked them to get involved.

No, but I'm getting increasingly confused. The complaints are ones that have been sent in over the last three years. O think I need to know what's gone wrong so I know what Im challenging. I think it's mis selling, charges in due influence do i just right a letter and say you did this this and this. The contract enforceability is maybe questionable? Im in way over my head everything I read gives me something different.

And also there is a absolutely nothing in the loan agreement or renewal letters to suggest it is a business loan having now read them through. I asked for a personal mortgage. They've given me a loan secured by all monies charge on my house and then decided it was a business loan when the changes to consumer credit act came into force in 2009 and meant if they hadn't have popped the word business in I would have been afforded some consumer rights ... I think.

I have sent 3 complaints as formal complaints to the bank and all have been acknowledge but not answered. I don't know what I can do to make them answer.....

Can I ask a question? I did speak to the FO re the bank not answering any complaints. Do you have to go through the process of complaining to the bank, then the FO and then the courts or can you go straight to court. So they are suing for the repo of my home, im counter suing for the charges. Is that the right order or if misspelling can be proved should it go a different way? I don't want to claim for the fees to find they take it as off set against the house or their legal fees?

Ok, thanks, am off to the bank now to see if they'll give it to me and I have a letter of appropriation to take if they say no.

This is possibly bonkers and comes after reading your forums and library. In 2011 the bank demanded 30k. I had nothing. I said I had nothing. Again, rather than saying right we're repossessing, they issued a new loan. This time with a capital element. I refused to sign it, the agreement. Their lawyers have acknowledged they cant find a signed copy. That was 3 years ago. Bearing in mind I didnt know this account was live let alone had 14k in it and I havent paid that money in other people have, is there a contract? No signature is no acceptance and no money is no consideration? Yes, I have carried on living here but they havent even so much as sent me a letter after early 2011 until last week.

Does BCOBS, unfair relationships, consumer rights apply if this is a business account and a business loan, they keep trying to tell me its a flexible business loan. Its not what I asked for, they never explained what it was, I thought I had a mortgage, it doesnt say what it is on the contract doc I signed back in 2004.

It goes like this. My ex husband was a very violent man. I had a company which had its accounts with this bank. I went to them as they knew my financial status and asked them for a mortgage to buy a house that had been my mums and I owned a third share in so I could get me and my child to safety. My husband carried on being horrible, I had a breakdown, let the company go, ended up broke. The bank knew all of this as the accounts were all closed. They then said I had a flexible business loan, starting renewing it every year and whopping on fees and loads of interest above base, never an affordability test or an explanation. I didn't pay a bean for two years, rather than repossessing, they compounded the interest owed, took the loan up by 20k and then took the interest up again. On the contract it doesnt say what it is as a product and no one ever explained what it was. They then told me I had to open this account with them, its another business account, even though Ive never had a business since the company folded, I'm not a sole trader, I'm just desperately seeking a job. Im surprised they haven;t taken it. And yes, of course, if I could challenge the repo I would. I really have no money, unless by some miracle they give me 14k tomorrow morning in fresh notes. I dont know if it is available to take, hence my questions on appropriation as its my DLA and my childs maintenance.

Essentially, yes. Its a bit more complicated. Its an all monies repayable on demand charge on the house, not a normal mortgage. Lots of misselling has gone on. Right now I am focusing on this in the hope I can buy a new fridge, we've been without for four months and maybe get a lawyer to challenge them on misselling, unfair relationships etc etc. I did have a personal account with the bank but ended up 13k overdrawn on it as they continued to take the mortgage payment from it. They then charged that to my house. I kept telling them I had no money and they kept taking the money anyway rather than repossessing so I moved my personal banking to another bank. They then said I couldn't pay the monthly repayments for the loan into the loan account it had to go into another account and I had to open one with them. That then went over drawn and I cleared it, overdrawn and I cleared it again. Then I was made redundant in 2011 and I told them I wouldnt be making any more payments as I could barely afford to feed the children. I think they must have moved my DLA and maintenance into this account by some internal link. So yes, we have been living below the breadline and I have a bank account with them with 14k in it. They havent sent a statement in a good 5 years or so hence why I thought it was closed. I have asked and completed two SAR's to no avail.

Thank you. Im just reading some of the BCOBS info and stuff around right of appropriation. It says clearly on all of the statements they have sent that £200 is DLA paid in by the DWP and the other £200 clearly says maintenance for my son paid by my ex. Please dont think I am a total idiot. I have made three complaints to the bank on various things and asked for two SAR's which they have only half executed and in 2011 when they issued the formal demand for the loan on my house I gave up. Have only just heard from them again.

The repo will go through. I cant stop it as I dont have any money to pay what they want every month. I was planning on going to the bank and asking for this money tomorrow morning, in the hope we can rent somewhere rather than risk ending up in temporary accommodation. I was trying to find out if there was any way they could keep the money? I don't understand why they have sat on it.

Hi Rebel, Which forum has it gone to?

Hello. My house is being repossessed. I have an all monies charge on my house for this. I have been paying 200 a month against this for some time, the actual figure the bank wants is £1300 a month. I pay this into what I thought was the loan account. For the last six years I have been battling to get my ex to pay maintenance for my son. He has been telling me has. The bank have told me they cant find the account hes paying it into to. When I get the paperwork through for the repossession I ask them for the loan statements as they haven't sent any in a decade. With it they send bank account statements and there is not only the £200 I have been paying in but the maintenance my ex husband has. The account reads a balance of over £14,000 and nothing has been taken into the loan account. I call the automated bank line and the automated lady agrees I have an account balance of £14,000 credit. So I am really confused as no withdrawals to the loan account have been made since July 2011. The solicitors say there is a 13k interest debt alongside the amount owing. They have sent no statements on this account either. We have been flat broke all this time, my children live in charity shop clothes and everything of any value we have has been sold to try and keep a payment going to the bank. What do I do? Do I try and get the money out of the account so we can afford to rent somewhere, try and close the account maybe? If I cant get it out they are taking the money for my children to live and have been all this time. Can I challenge them if they say no and if so on what grounds? Thanks