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  1. Back in 2005/6 Ocean Finance arranged a large mortgage of about £400k for me. In late 2007 I was lucky to sell my house & payback Capstone/SPML. Just before they repossed it. I still have all the paperwork. Am I right in thinking I can reclaim all the charges payed to Capstone SPML. which amounted to a lot including court costs etc , & about £25k early repayment fees, also are they known to have included PPI in with my monthly payments, & if so can i also reclaim that. Any help & advice you can give me would be gratefully received. Thanks
  2. Hi all, To make this as brief as possible, I had a second charge on my property with Nemo personal finance. In 2007 the property was repossessed due to a lot of bad luck and the original lender sold the property over £50,000 less than market value just to cover their own expenses (G E Money) which left nothing to pay off the second charge. I have been battling this loan on and off ever since and during this time Nemo took me to court and won because I never defended the claim and this was due to the fact \I knew nothing about it. I agreed a miminal payment to them which I paid monthly about 2/3 years ago I wrote to them sending them £10 PO asking for a SAR. They never produced it so after a while I stopped paying and things went quiet of a year. Now they are back on my case threatening with a attachment to earnings, High court Writ and Baliffs etc. I am not sure how I should proceed with this and would really appreciate some help. I id speak to one of their customer service reps when I got the first contact letter and explained that I stopped paying because they did not comply with my request and he said he would look into it and get back to me but he hasnt and I ave just had a letter threatening allsorts to collect. When I first loss my house I did do a lot of research on this with regard to the PPI and secret commissions which there undoubtedly was but never saw it through due to personal circumstances.
  3. Can anybody advise regarding Paratus paying redress to customers who fell in arrears with their mortgage. I understand many mortgage providers were guilty of 'automatic capitalisation' and customers past and present were entitled to compensation. We had arrears with Paratus (mortgage finished last year) but I have not had any contact from them regarding this issue. Any info would be great.
  4. Hi, I've gone through [removed] as they've said I can claim money back from Santander for their performance during a mortgage. They've advised me I CAN claim and to complete their paperwork. Can I ask, is this to do with capitalisation and adding arrears to the principle payments? They're very vague and mysterious as to why and how..... for obvious reasons can I do this myself? Also, can I still claim back excessive charges on my mortgage account? Any help appreciated
  5. Could someone please offer me advice for the following situation: Had initial mortgage through broker with GMAC House repossessed following divorce £1000’s added in fees: missed DD; late payments etc Spent six years with ccj but now with A++ credit Paratas now coming after me for £5000+ repossession shortfall after selling the house In fact I have to appear in court in the next week or so to face a money order claim for the shortfall. My question is this: is there anyway that I can make a counter claim in 2018? I understand that several years ago people where making claims against GMAC but is this still possible today? Another question relates to mortgage arrears capitalisation. What is it and is it likely to affect my counter claim? I’m feeling rather desperate at the moment with the thought of finding £5000 to payout in the next few weeks. Thank you in advance...
  6. Hi all. I am completely new here and just looking for some advice please. I bought a house in 2015 with no issues all went through with no problems. I went to view a new house on Sunday and approached a mortgage advisor who was going to go through our finances etc and see affordability for the new place, financially i knew it wouldnt be an issue. The advisor contacted me today to advise that I have an active CCJ on my account from 2014. And that due to this he couldn’t get us the mortgage that we needed. I download my credit report and there is a CCJ which I have never seen. My credit score is in the excellent category so I never had any idea that anything was wrong, I’ve never been refused credit in the time since it has been issued. I contacted the court who issued it today and they advised the company who lodged the case, I called them as I was already in a payment plan with them months before the date of the CCJ being filed. They have advised that I can settle the balance and the CCJ will show as satisfied which is better than active. Does anyone know if It’s too late to dispute the CCJ after 4 years of it being on file as I was making regular monthly payments to the student loan company before it was actually issued I did receive papers asking if I agreed to the amount owed and I stated that I did and was already in agreement to pay it back, i then received a letter advising to continue with the arrangement - no mention of a CCJ being issued. If I pay the CCJ and it shows as satisfied does this make my chances any better of securing a better mortgage or is it a lost cause now. Thanks for taking the time to read. Ps sorry if I’ve done this wrong or it’s posted in the wrong section . Nelly
  7. Hi I am hoping someone can help. I currently have a mortgage with Santander. I lost my job at the ed of March and have been taking money out of my mortgage to keep making the payments in the belief that i would have a job by now. I have also been diagnosed with depression. I should be able to make this months payment (after withdrawing money from the account again) and I have only just started claiming Universal credit. Can I ring the back and ask them if they would consider taking a small amount every month for around 6 months until I can get better and back on my feet. Thank you for reading and also any replies
  8. Hello I hope I am posting in the right place. I took out an interest only mortgage in 2007 for 17 years, it has 6 years to go and I have hardly paid anything off the balance I am unlikely to be able to pay this off when the mortgage completes in 2024. I recently saw an ad for compensation claims for mis sold interest only mortgages, the broker that sold me this mortgage never asked for proof of earnings (I am self employed) he said there was no need as I could self certify. I think I was mis sold this mortgage and wondered if anyone had made any such claim for compensation, or used a claims company. Any advice would be appreciated. Thank you
  9. I am interested in sorting out my Mother's Mortgage and my personal debts. My mother, who is 80, still has about £236,000 remaining on her mortgage. I have personal debts, which are costing me about £1,200 per month. My mother's house is worth about £450,000. Would it be possible to get a Lifetime mortgage to repay her mortgage and my debts? I would be happy, and I want to pay towards the mortgage each month. I know that I would not get a normal mortgage as I would not earn enough (£50,000 a year) and no deposit. I am just wondering if anyone thinks this would be possible, or if anyone had any other ideas?
  10. 11 years ago I was taken seriously ill and due to the illness I lost my job and ended up in a financial mess resulting in my house being repossessed. Thankfully my health has stabalised and I'm now starting to get to grips with my financial mess. Having checked my credit reports I noticed Natwest were reporting missed payments each month on two mortgages and a loan and hadn't recorded any of the defaults or CCJ's. I lodged a complaint with Natwest which they upheld due to inaccurate reporting of my credit file when one mortgage and loan had been paid off with a full a final settlement and the other mortgage had resulted in a repossession. To compensate me for inaccurate reporting over the past 8 years they've sent a cheque for £125 which I don't believe is adequate. However, whats more worrying is that they have now listed the mortgage shortfall as an outstanding mortgage even though the property was repossessed over 7 years ago. While I don't dispute the amount is outstanding I didn't think they could report the outstanding balance once the account had been defaulted and subsequently repossessed. Am I correct or are Natwest allowed to register the mortgage shortfall in this way on my credit file ? Thanks
  11. I have only just discovered this site since having 8 properties taken over by LPA Receivers. I am desparately trying to find out what to do next. I read that I can make an Application to Court to get control of sales. Please is there an expert who can tell me how to word tha application? I am scared of making an awful situation even worse if that is possible!!!
  12. Hi all, My property was repossessed I was able to raise funds to pay off the balance on my mortgage before it was sold, and got it back. The whole process took a couple of months by which time the default was already showing on my credit file (The default was in fact reported to the CRAs almost immediately; I know this because I checked). Can I get the default removed? I am aware that technically, it should remain for 6 years, is there any likelihood of the lender waving this since I came up with the funds rather quickly after the repossession. Being a large debt and a quite recent default, it has completely ruined my credit rating, making it impossible for me to do anything credit related. Most importantly, I am seeking new employment and in my line of work, companies perform not just identity checks but also credit checks. This would disqualify me instantly. Thanks in advance.
  13. I had a NatWest Mastercard and I also had a NatWest Mortgage. I want to obtain details, so propose going down thw Subject Access Route. Should I send in separate SAR's (if so, will the addresses be different?) or should I just send in the one SAR whilst including the account numbers for both Mortgage and Credit Card? Any advice would be appreciated. Thanks.
  14. like it says on tin!!! i remortgaged last year(june 2006) with different company (GMAC!!!) conveyancing lawyer was numpty and it ook 3 months to complete. anyway got a letter from her this morning saying that they don't have the Standard Security (well really she says that the Registers of Scotland sent it but they didn't get it) enclosed is a Security for me to sign and return. what does this mean? i can't imagine the Register for Scotland sending something that sounds important thru ordinary mail. any ideas
  15. Hello you good people! Please advise, as I've read all the relevant threads but none end with a definitive answer or resolution. I deferred my Student Loans from 93,93,95 each May until 2013 when due to a move, I forgot. I phoned SLC around late 2014 to be told the loans were now with Erudio and to phone them. Having read all the hoo-haa surrounding Erudio, I didn't phone. Nothing further happened. Fast forward to March 2017 and I noticed a hard search on my credit file from Erudio. Nothing further happened. Since last month I have started getting multiple phone calls from Erudio. No message is ever left, and I have blocked each number identified as coming from their stable. As I am on the voters' roll, I can safely assume they have my current address should they decide to write. Could anyone please advise on what my options are? I don't want them getting a backdoor CCJ, but the account must be in 'arrears' since around June 2013. I am not in a position to pay, nor do I earn over the threshold requiring me to do so. As far as I can see, having read the other threads, my move should be to wait until they send a begging letter, then I send them a request for my original CCA? If/When they do what should I do then? By my calculations the first 93 loan should reach the '25 years' write-off point this year, however as I'm currently in arrears I don't think it applies? As my last deferment ran out May 2013 do you think I can just wait another 12 months, 'head-in-the-sand' stylee, until the debt becomes statute barred? I'd just like to know my options, and the dirty tactics I can expect from Erudio now the beast has woken and acquired me!! Any advice gratefully received. Thanks for your time.
  16. Hello all. I'm hoping someone on here can help me. My partner received a letter from the land registry advising of a 3rd party wishing to apply to secure a debt on our property. After investigation this debt is from a shortfall in a repossessed property from 2002. My partner has no knowledge of this mortgage. The complication is her Ex Husband was declared bankrupt in 2006 and he owned a number of properties. We have asked for proof of this mortgage being in my partners name and the solicitors have sent us a photocopied mortgage application form with both my partners and her ex's signatures. Now it does look like her signature but it obviously isn't witnessed or anything due to it just being a application form. Please correct me if I'm wrong but i am pretty sure this doesn't constitute liability to the debt? Some of the information on the application is also incorrect. For example reference address for my partners then work. The mortgage was agreed and house purchased in May 1995 for £18,500 The outstanding mortgage was (I'm assuming this includes interest and costs?) £22,193 and the house was sold in 2002 for £14,100 (Which for me seems a little too low?) The whole thing to me seems to stink to high heaven. From my partners ex possibly forging signatures to the Solicitors/HBOS not sending to correct documentation/proof!! Any Advice or guidance would be much appreciated. P.S the court date is set for 30th Nov Regards Dean
  17. It's a few years since I was in trouble with debts, and on a much more even keel these days. Or to put it another way, all my previous woes have long since dropped off the bottom of my credit history (ie 6 years). Recently in applying for financial products (mainly mortgages), I noticed they ask the expected questions about bankruptcy, credit defaults and even simply making special arrangements with a creditor. So far so obvious. What bothered me was they ask if you have "ever" had/done any of these. To which my answer would be "not in the past 6 years" if I were being truthful, and I believe is the extent of their entitlement to information. But I really don't want to get into that, so I've just lied and said no. What bothers me is of course that I'm then signing a legal document which contains a lie, and that if I were to refuse to answer the question, I wouldn't get the mortgage. I wonder if they are allowed to ask that question in the first place, or if you can still be penalised for refusing to answer it fully?
  18. Just a quick question I was in a DMP and have now cancelled I have one entry on my credit file which is showing as cleared but has the marker AP but settled. The question is can a Mortgage lender look into and find out if the monies outstanding on my original DMP have not been paid back.. so if asked could I say that was the only one I had and now it is settled? by the way all the others have dropped off my credit file
  19. Hi guys just wondering if some one could give me a bit of advise , i had my home repossessed 9 years ago , there was a shortfall when they sold it at auction . They haven`t bothered us for 9 years (halifax) then today i got a letter from the halifax saying they have passed the debt on to moorcroft dept recovery , i don`t really know what to do, we have not acknowledged this debt . and cant afford £20,000. any advise would be help full.
  20. I (and my now ex-husband) had a house repossessed back in 1998. There was negative equity of around 25k. I made a full and final settlement offer of 2.5k which was accepted in July 1999. It was paid and I had a letter confirming the debt was settled. I cannot find this letter. 19 years later with no contact from them whatsoever, both Halifax and Moorcroft write me letters. Moorcroft have asked me to pay 18k. Am I right in thinking that as no contact has been made for more than 12 years, that I do not have to pay? As iy was full and final anyway, surely yhay counts for something? Would Halifax have records which would have a copy of correspondence from back then?
  21. There are many people who find themselves in my position . Interest only mortgage coming to the end and there are either insufficient funds or no funds to repay the capital sum. In my case I took out a 10 year Interest Only Mortgage ( Idon't know why it is only 10 years) I have contacted Santander a few times over the last 2 years to see if they would extend the term but they just refer you to customer services to start a whole new loan . I no longer fit any criteria to get a loan . I have never missed a payment even though I am on a very high rate compared to other lenders or teaser rates . I am now retired with a younger wife and four-year old son . I got until February 2017 to find an answer to my problem. I have read the FCA guidelines 2013 but its just guidelines and Santander doesn't wish to play ball. Anybody got any ideas?
  22. I'm being pestered by the Lloyds Mortgage department to prove how I will repay my Interest Only mortgage in 5 years' time. There is nothing in the original agreement which says I have to provide proof during the currency of the agreement ( I am aware that nowadays they want the proof before even giving an interest only mortgage but that certainly wasn't the case 10 years ago ) Any thoughts on the legal position ?
  23. i received a letter this morning from a claims management company stating that i could claim back over £2000 + interest for a mis-sold PPI on a mortgage i took out some time ago. the mortgage was with crystal clear home loans, who, according to the letter ceased trading some time ago, making the claim more complicated than dealing with a high street bank as the broker is out of business. luckily they want to want to help take the stress (and a percentage no doubt) out of the claim for me. What do i need to do to start the ball rolling? i have no dates, it was around 2006/7, no account numbers just this letter and i begrudge paying these firms so any advice would be greatly appreciated thanks dave.
  24. Our house was repossessed in 2009 and sold at auction to recover the outstanding mortgage balance. The sale left a shortfall of £25K+ which the lender came after me for, and being in our late-60s with no savings, assets or investments following a business collapse this is being repaid at £5 per month from Pension Credit sole-income. At this rate it would take over 400 years to settle. I have twice formally requested that this be written off, as it is clear that there is now no expectation in retirement of there being a substantial income or a radical change of circumstance that would make settlement a possibility. My first approach 4 years ago was made direct to the lender, and shortly afterward a response came from the DCA advising that their client was not willing to do so. A follow-up request restating the realities and requesting reconsideration was never replied to. My second approach 2 years ago, and two subsequent chases, have never been replied to. I believe that the mortgage lender’s code of conduct has something to say in such a regard, particularly that a lender should not, or may not, pursue recovery of a mortgage shortfall debt where it is clear that recovery is impractical or unachievable. Is there a mortgage-debt expert on CAG who can confirm or deny this? I intend to request a write-off again, and want to leave zero wiggle-room because clearly 400 years is idiotically silly to enforce at age 68 or indeed any age! Any clarification will be greatly appreciated, thanks!
  25. Hi In 2007 I separated from my husband due to domestic violence issue, child was 20 months old. I was working but just surviving (Finance Officer in the Local Council) * I informed the Bank (our mortgage was with Barclays); Requested to change the mortgage temporally to "Interest only" * The other party refused to agree to the change; The Bank suggested I start making transfers from Reserve account facility that we had, in order to avoid arrears * The other party put a "freeze" on the account to stop me from using it; Bank could not proceed as they had to have both parties' agreement (joint mortgage account) * Bank offered to me to pay as much as I can, and suggested the equivalent of the "interest only" amounts would be sufficient to show a good will *A few months later Mortgage accounts were transferred to Woolwich and somewhere in the process, somehow the "freeze" was "lifted" or something, but my ex-husband managed to transfer the fund of the Reserve account to his personal account - £24,410! * As soon as I realised it, I filed a complaint with the Bank, and requested an urgent investigation. Weeks of phone calls and visits to the local branch followed. 4 months later I received a letter, Barclays admitting their fault and confirming that the other party is solely liable for the debt (the withdrawn amount). * I have on numerous occasions asked how they are chasing him up, is any investigation being conducted - never got a reply due to the Data Protection bla-bla. * In 2014, being better off financially, I approached the Bank to discuss Re-Mortgage options, as I still am paying the Interest only amount. Mortgaged period finishes in 2023. I "have no options and until the Reserve account is repaid, I will be unable to do Re-Mortgage" - was Barclay's reply. Debt currently is £41k+, including the interest on the withdrawn amount. * Every now and then I still receive payment demand letters, solicitors' letter and others. I have to call and explain the case for a 100th+ time! I am up to a point to take the Bank to Court, as I do not see any other way out of the situation. There is no need to say how much stress it causes to me, and the adverse financial affect... Does anyone know what legislation I should use to start on? Can I still quote BCOBS? Has anyone else had a similar experience? Thanks for replies in advance.
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