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  1. To whom it may concern I was wondering if you could help? My partner, Nasim an Iranian National, visited West India Quay LA Fitness gym on 31/01/2013 with the intention of using the gym one time only, to see if she wanted to join. With respect to Nasim, her English is bad, she is naive when it comes to procedures in the UK, and she is not IT literate. When asked to use the gym as a trial, she was told of an offer which was about to expire where she could use the gym for 1 week or 10 days for the small fee of £1, which she duly paid. The representative went on to inform her she needed to give her card and other details as a simple procedural step to get the offer. The representative asked for her card, and filled out the entirety of the form which she was not shown. The representative asked Nasim to electronically sign, and I am certain Nasim is completely unaware of the implication. Recently I requested a printed bank statement to support Nasim’s next Visa application. Upon receiving the statement we noticed LA Fitness are withdrawing funds by DD from her account. Nasim does not use online banking as I only helped her set this up in the last few weeks and she has been unaware until now payments have been taken each month. She is distressed given she was unaware she had signed up to anything, or that she needed to cancel any contract which until today, she did not know existed. She repeatedly told the representative she wanted to simply try the gym for one week which she was offered for £1, and after that if she liked it she stated she would join. Nasim used the gym on a single occasion, decided it was too expensive given she is not an affluent student with great means and she never returned. All of this suggests to me the LA Fitness representative has funnelled Nasim towards something she did not want... to make commissions. It’s a classic miss sell, at best unethical, given we have a duty of care to foreign people who do not have enough comprehension of the language and procedures in the UK, therefore we must make sure they fully understand what they are doing. They do not use electronic signatory in Iran, and knowing Nasim she would have no idea what she was doing by scribbling on a piece of plastic. I know Nasim very well and she is a wonderful person and based on what she has told me I can see exactly what has gone on. In short, Nasim has walked into a gym to simply give it a try, and walked out with an expensive contract for a low income student which she is not aware she agreed to. When I hear of commission based staff adopting these techniques, it makes me very determined to put such wrongs right and I was wondering if you could help. I believe Slick offers very good advice. Kind regards Chris.
  2. So after years of being abused by my mortgage company inwhich I have been dragged to court 4 times, and all times the judge kickedthere repo claim and gave there solicitor a little verbal bashing, I was in themiddle of doing a claim against them for all the fees they added to my account,when I stumbled across a well known claims company who was looking into missoldmortgage selling… So after a while I thought sod it I give them a call… We gotthe ball rolling with an SAR, but what the mortgage company sent was basicallypointless, so they was made to send all the paper work. A week later it arrived, I personally was shocked readingsome of the stuff, but also realised there was still a lot of info missing, butI sent it onto the Claims company. Anyway I just got news that the claims company have gonethrough the paper work, and in there view its one of the most mis sold casesthey have come across, so much so that there advice is that its pointless goingwith a letter of complaint, and go straight to a solicitor. They sent thepaperwork onto the solicitors they use for them to advise further. But it just goes to show doesn’t it, when your down so many companies all though pretend to be helping you out are just sharks themselves looking for a bigger bit of meat..
  3. http://www.bbc.co.uk/news/business-23791252
  4. In 1992 I took out an endowment policy with Scottish Provident which was sold via a broker paying around £50 a month. At the time all I wanted to do was save £50 a month and was persuaded by some financial person who used to come round the Army Barracks where I was based to take this savings plan out. I never even knew what an endowment policy was till a few years after. More than likely I was missold this policy is it too late to do anything about it, I cashed the policy in with Scottish Provident in 2002 and have no idea who the broker was unless I SAR Scottish Provident. Any ideas..
  5. My original phone contract was £30.00 a month with 1 gig per month internet. On the 14.11.2012 at 11.30 pm A salesman from vodaphone contacted my daughter on her mobile ( I have the contract) and said he had noticed she had large bills from her internet use and that he could solve this for her. He said that for £10.00 a month more she could have unlimited internet along with her unlimited calls and this would save her (me) a fortune, plus she could have an upgraded phone ( she had a Blackberry Torch ) for an extra £60.00 she could have a Galaxy s3. My daughter phoned me and told me what the salesman had said so I agreed. The salesman phoned my daughter back and she took the contract and payed the £60.00. 4 months later I had a bill for normal usage plus over £150,00 for internet use. When I called to ask why it was so big I was told that the unlimited internet was only a 3 months offer. Now I am stuck with a contract for 40.00 a month that is exactly the same as my old contract. but with no internet at all. At least with my old contract I had 1 gig of internet. I called vodaphone and they do not want to know. I said that the sales man never told me the unlimited internet was only a 3 months trial and that it was for the duration of the contract . They said they would look at the recorded message of the sale. They told me they have lost the recorded message and as such they can do nothing as they have no proof the sales man did this so the contract stands. What is really annoying is that this same deal is advertised on TV for £30.00 a month and I have to pay £40.00 When I asked why I pay £40.00 for the same package they said there is nothing they can do about it because it is what my daughter agreed with the sales man. I feel ripped off. I told the company I was writing to OFCOM to see if they would move they just said that is your right and hung up. I have been trying to sort this out for months. They say they will call back but never do. Please note that I have no proof of this contract as it was verbal over the phone. No email was sent to me as proof. The only other proof is bank standing orders. All bills are payed and up to date. So far all they have offered is 2 gig extra for one month. I have written to OFCOM and I am seeing my Solicitor and I am also thinking about going to the police to see if I can get the sales man for fraud. I will se what Vodaphone do first. I have 2 contracts with them ( 1 for my daughter and 1 for my granddaughter) and I was going to take out a third for my grandson. But I am sure as hell cancelling all of them if nothing happens. I am on T-Mobile and so is the wife ( they are very old contracts) a nd we were also thinking of changing them to Vodaphone. That will not happen now. All I want is for Vodaphone to put the contract back to my old one and apologize OR I WILL TAKE THEM TO COURT
  6. Hi All, I have searched the threads for any similiar questions but to no avail, so apologies if someone has already asked this question. A quick overview of where I am. Complained to Lloyds TSB October 2012 for mis-selling of loans and credit card. Received payout for 2 loans (6 complained about) and rejection for the rest in December 2012. Response letter referring to FOS dated November 2012 for rejected claims. The credit card agreement clearly showed the NO box ticked for payment protection, however when I received my SAR folder, the protection had been applied to my account. Sent in copies of the signed agreement and CC statements showing the payment protection applied to my account and asked for original decision to be reviewed. Received final letter in March 2013 stating that there was still no evidence of mis-selling and case now closed, please refer to FOS as stated in previous letter. Due to quantity of paperwork to sort and copy, complaint to FOS was sent in June 2013. Stupidly didn’t realise that 6 month time limit was from final letter in November and not in March (Final doesn’t mean final in the financial world I guess) so FOS rejected my complaint in August of this year, on the timescale rules. Also mentioned in my phone call with FOS (I will ask for copy of recording to confirm this) by the adjudicator, Lloyds did not review my case when I asked them to, they just sat on it for 3 months then rejected my appeal. Where do I go from here, clearly Lloyds believe I wasn’t mis-sold the protection cover, however as it was applied to my account without my consent, could I open up a new complaint with a theft of monies tact? Thank you in advance for any help. Iain.
  7. Hi all Im having a real struggle with the sale of a leasehold masionette I own. So I originally purchased at the value of £175k as a leasehold. As it was my first ever purchase I wasnt exactly "street wise" when it came to the buying. The leasehold currently has 71 years to run but at the time of purchase I was not informed that anything under 80 years would have serious issues when it came to either extending the lease or selling the property. Neither my financial advisor, estate agent or solicitor mentioned the potential costs (being quoted £13k to extend by 90 years!) and this has obviously come back to bite in a big way. Ive checked all the documents and not anywhere does it highlight its an issue through either solicitor of FA. Probbaly a little late in the day now but do I somehow have a case? If I do how and where do I pursue? Really feel like all three parties saw me coming, I had a big pot of inheitence to lay down but now the money from my fathers death is going to be wasted on paying an extension of a poxy leasehold! Any advice would be greatly appreciated
  8. Our 02 Toyota Corolla got flooded up to the top of the front wheels a couple of years ago, and the only problem since was that the airbag light was constantly illuminated. This is now part of the MOT, and my local independent was unable to reset it - the light was now flashing. So I took it to a local Toyota dealer. The car was also subject to a recall notice also related to the airbags so that work was carried out (for free) first. They then said that the (still) flashing light was due to a faulty side passenger airbag, which would need to be replaced at a cost of £1300:!:. A huge sum given the age/value of the car. We agreed to have it replaced. That was on July23rd. Eventually a replacement airbag arrived on the 28th August - yes 6 weeks later (none available any where in the would according to Toyota GB!) - was fitted in under 4 hours - but the flashing airbag light remains. The technician said that they now thought it was a wiring problem - but couldn't get a replacement wiring loom as these were now discontinued by Toyota - so called in an auto-electrician. Speaking to the technician this morning - yes 12 days after I last spoke to him - they are now fitting a replacement ECU and they hope to have the car ready by Thursday the 12th. Note that the only work I have actually authorised was the initial airbag replacement. I am interested to know where I stand legally with payment for this work. I firmly believe that the problem was initially miss-diagnosed - and 6 weeks was wasted waiting for an airbag that wasn't required. And given the circumstances of the light coming on (which the garage are aware of) I would have expected them to investigate the wiring first (given that this would have been the cheaper option). Stephen
  9. Hi Ive put in a complaint about the miss selling of my select account I was told at the time in order to get a loan and a bigger over draft I had to take out the account, they also said loans would be cheaper if I had select account. Was also told had to have account as no free accounts. lloydstsb have said via phone call complaints department. That i was not mis sold as I had select account so my loans would have been cheaper.Then in another breath he said I was mis sold account but would only refund first year fees. I said can you put that as your final response so I can take it to Ombudsman, he said we have good with relationship Ombudsman so they will just say the same. I've used the AA in 2009 2011.So they say its not mis sold.He said account was took out in 2003,i did not pass my test until 2007.So did not need cover then. My argument is I was told I had to have account, so surely even if I've used product that's still miss selling. He said nothing about cancelling my package account. any advice thanks
  10. Hi Ive put in a complaint about the miss selling of my select account.2001 to now. I was told at the time in order to get a loan and a bigger over draft I had to take out the account, they also said loans would be cheaper if I had select account. Was also told had to have account as no free accounts. Lloydstsb have said via phone call complaints department. That i was not mis sold as I had select account so my loans would have been cheaper.Then in another breath he said I was mis sold account but would only refund first year fees. I said can you put that as your final response so I can take it to Ombudsman, he said we have good with relationship Ombudsman so they will just say the same. I've used the AA.So they say its not mis sold. My argument is I was told I had to have account, so surely even if I've used product that's still miss selling. He said nothing about cancelling my package account. any advice thanks
  11. Hi all, this is my first post. I booked a holiday yesterday with jetline. When I phoned up for to make the booking I was advised that the flight I required was not available. However, they had a cancellation that was available from my required airport and was the same apartments. During the conversation I asked on numerous occasions if this was all inclusive as this is what I was wanting and was assured that it was. On receiving my paperwork via e-mail and reading through it, it transpires that it is all inclusive light, which only allows drinks at meal times, which is not what I requested. I contacted them asking if this could be upgraded and received a phone call from a person whose grasp of English was negligible at best and was informed that it was down to the hotel as this is what they do. I advised that I felt I had been mis-sold this and was unhappy at this, to which she repeated the hotel story. I have e-mailed them asking for a full refund as I have been sold something I did not want. Due to the short timescale, I am going to struggle to get alternative arranged. I even said I would be willing to negotiate an upgrade, but not at the price the hotel quoted of 30 euro per person, per night as I feel that is excessive. Am I right in what I have said or am I going to be wasting my time? I have also informed them that I am going to seek advice from Trading Standards and ABTA. Many thanks
  12. In 2006 I was given a 100% mortgage, interest only. This was even though I had serious debts. The only question they asked was how was I going to pay the mortgage off at the end of term. I replied with a pension (now not possible) I have had letters from the broker asking how I intend to pay it off, but I never replied as I thought it was a ploy to get me on the more expensive capital. I did ask to be switched at one point, but they said I couldn't because of my debts. My mortgage has increased because of arrears and charges, but I am currently not in arrears. I wonder if I have a case for mis-selling, as I believe interest only wasn't the right mortgage for me as it's left me totally trapped. What do you guys think?
  13. Hi I have not been on here for a while, but could really do with some advice. I will not drag out the whole tale. I have recently been mis sold a telecoms lease. Thankfully I took my complaint to the Ombudsman and they have found in my favour. The problem is the Ombudsman can only award me £ 5000.00. and to get out of the 7 year lease it is going to cost more like £ 7 to 8000. The Ombudsman has given me 28 days to except there offer but have also stated I should be put back into the position I was in before the mis selling took place, but they cannot do this as it is over the £ 5000 limit. Should I except the Ombudsmans offer and pay the remaining money myself or should I use the information from the Ombudsman and take the offending company to court to clear the whole debt. Any info would be greatly appreciated. Thanks Jean
  14. Hi all , I bought a new car on the 25 july. from evanshalshaw I traded in my Ford focus which had a settlement figure of roughly £6400. They gave me £4800 for it and put me on a negative equity loan for the rest. then got a vw polo on Hire purchase. through motonovo finance. Now before i went ahead with anything I explained I cannot afford the first payment with the admin fee on top. as its basically a double monthly payment. the person that was selling me the car said it will be all ok and promised they will contact motonovo and explain this and get the admin fee spread over 12 months. I thought ok and signed all the stuff. but I checked with them and phoned motonovo to ask about this and they said the dealership hasnt done anything of sort and I will be paying the full first payment with the admin fee . So I went to the dealership and they have admitted the salesman gave me the wrong information and basically I will have to pay the full first payment plus admin fee. I then explained Ive had enough and spoke about cancelling it all . which they then replied I cannot. because if I phoned motonovo and withdrew from the finance I would still have to pay the polo by getting money from elsewhere. Where do I stand in this situation . its really stressing me out. thanks
  15. Hello All, Do we have a Mis-Sold Mortgages Forum?? or does it come under the umbrella of PPI mis-selling. All advice/info will be as usual gratefully received. "EXEMPLO DUCEMUS"
  16. Hi I am hoping to get a little bit of advice from here. In December 2010 my husbands business started to get into difficulty and we were struggling to make HP payments, pay bank charges etc. There was literally no money coming in as I had just had a baby and had been made redundant while pregnant and any money my husband earnt had to pay the mortgage/household bills etc. We didn't want to go down the bankruptcy route as we didn't want to damage our credit rating and the thought of doing that scared us but the debts that we had were in excess of £25k and we could see it all spiralling very quickly. Lloyds bank called us in to see them as they were concerned and suggested that we took out a personal loan in both of our names and consolidated all the debts (that were originally just in my husbands name). They offered us the loan on a buy now pay later basis with monthly repayments of £537 per month for 5 years. I want to make it clear that I am by no means trying to get out of paying this loan and I understand the debts are ours but we have just been unlucky and victims of this awful recession. My gripe is that Lloyds gave us a loan that we quite obviously couldn't afford. They assumed that I would find work by the March when repayments were due to start and made up a figure of what i would be earning. 2 and half years on and we struggle every month to make payments. We are robbing Peter to pay Paul and getting further into debt because of this damn loan repayment. I am cross because I feel that they knew my husband was on the verge of bankruptcy and by advising us to take out a personal loan this wouldn't happen. I am not saying that we were forced into taking this loan. We are grown adults and know our own minds but we were desperate and just had a baby so at the time felt like this was the answer and we trusted the bank to help us. Can anyone please advise whether we have cause for complaint for mis selling. Thanks for reading. I have rambled on a bit!!
  17. In October 2012, I took out a contract with Vodafone which was a rolling, 30-day affair. I was assured 4 times verbally before the sale by the same sales agent that I would have 3 months of unlimited internet for free. Once the contract was printed and the agent noticed that this unlimited internet had not been written down, but again assured me verbally that it definitely would be included. Needless to say, it wasn't included. I only took this contract because of the free internet because there were other deals on the market that would have been better value otherwise. After 2 pay periods, I contacted the manager at the store where I purchased the contract and informed him of this, and the date at which I wanted the contract to end. He offered me a rebate on my next bill which would take the final bill to (in his words) "£7 or £8". The next bill came through for over £30, as Vodafone had added an extra month's bill on top without my consent and for no reason. It was this stage that I found out the contract had been mis-sold, as I was not aware of the misselling of phone contracts before then. I phoned Vodafone customer services and informed them that I believed the contract had been missold. The agent agreed with me and agreed to wipe the amount of the final bill and we finished the call amicably. Just after this, I went overseas for 3 months. Upon my return, I found that Vodafone was still pushing for the final bill and had referred the "debt" to a debt collection agency. The current bill total is now over £180 and it is having a strong negative effect on my credit rating. I need to know what to do here. I know I am legally and ethically in the right, but don't know how to move forwards with this. I was prepared to walk away and let things be, but I am now determined to right royally screw Vodafone over if possible. Can anyone help?
  18. hi everybody. I bought a flat in 1990, I was advised at the time to take out an endowment mortgage by Birmingham Midshires, no longer around I think. I paid in for 10 years, got into financial difficulties, and sold up in 2000 just in time to avoid repossession. After 10 years I had to sell for virtually the same price as what I paid, so annoying at one time I was working 3 jobs to try and keep my home, to no avail. Is it too late to do anything about it:???:
  19. Hi I wonder if anyone can advise, on the way forward, back in 2008 We purchased a sofa and managed to get some discount off the sofa and put it on finance, part of this was the purchase of the guardsman policy for 5 years, we were told that we had to take this as part of the finance deal, even when asking could it be removed!! In any case we were told that it would cover Accidental damage for any stains rips burns etc.. "we could even sit on some scissors and puncher the leather, this will be covered" their words not mine, they were almost reading out of the leaflet we got as part of the sale, which specifically says. "No Pains with stains For a Small additional charge you can increase your peace of mind with our superb Guardsman warranty. Available on leather and fabric upholstery, Guardsman covers you in event of staining to furniture or accidental rips, tears and burns for five years from purchase, ensuring the best protection for your new furniture (please refer to policy for full details). Guardsman protection will help to prevent permanent staining of a suite, it cannot prevent general soiling." My 2 year old Daughter unfortunately spilled nail varnish that she got hold of on the arm of the sofa and this has effectively stained the sofa, I called guardsman and they advised that it was not covered and under the policy it does say point 12 Any instance of staining. I called SCS CS who advised me to call the branch, I spoke to the sales manager who asked to see the leaflet, I faxed this off and he called back to say that there was nothing he can do due to the fact the leaflet states (please refer to policy for full details) which we received a couple of months after the delivery of the sofa. I have spoken to the Citizens Advice consumer helpline who have recorded the case and will pass on to trading standards, but that I should send a Breach of contract letter to SCS Customer services recorded. My concern here is that im not entirely sure what to put in the letter and wondered if anyone else has had this issue, I know there is a lot of people in a very similar situation and that they feel misled regarding this. Any help would be much appreciated
  20. Hi Last week i bought a Shogun from a private seller for the intent of useing it for work,I live 29 miles away from the place of work,{He did state that the car was very able to take me to work and back withnout any problems, Bought it last weekend, Insured it on the monday,used it on the monday night,Returning from work the car lost its power and would not drive above 35 mph blowing out lots of smoke ,a total of 65 miles altogether, I inform the seller who said he was a mechanic, He took the car back ,said he worked on it friday and cant fix it as he dont know whats up with it, He also said that the exaust had broken in 2 and he had weilded it back up,He also stated that as the car had not been used much and there would be a bit of rust on the discs ,I have since descovered that it is infact a warped disc I have left the car there and have asked for a refund,I have sent him a letter stating my case I feel i have been mis sold the car as its clearlly not fit for purpose am i right in thinking that as he has done some work on the car its his responsbilty to get it sorted ? The car has been mis sold due to fauilty brakes and do you think i have a good chance in the small claimes court ? Thanks in advance
  21. Hi All I am so confused with all of this and going round in circles looking through the forum. So please help if you can.. I was called by Lloyds Tsb back in 2002/3 to ask if i wanted a £5000 loan. I needed a new car so said i would love it... When i went to the bank they said they would add £1500 interest and £1500 PPi onto the loan. I said i did not want the PPI and the girl said i prob would not be able to take the loan if i didnt as they might change the decision. I know the account number even though it is closed... I do not know the exact dates of the loan... Is it too late too get the PPI back due to being mis sold. I know the name of the person that sold me it... If i can claim could someone please send me a link of stages of action or let me know. .. Many Thanks
  22. Hi Guys, Jan 2007 - Policy arranged in person at HSBC (£270k 12 year policy covering HSBC commercial Mortgage) Oct 2008 - Realised the policy didn't cover inheritance tax. I would need a policy 'written into trust' HSBC confirmed this would not be possible. Nov 2008 - New Policy with a new company. HSBC confirmed it was mis-sold and upheld this compliant. Ombussman confirmed these details. HSBC offered to refund one premium. Ombussman suggested three premium and £100. The shortfall has the issue come to light would have been £108,000. As everyone confirms it was mis-sold and I had to get a new policy. I wanted the full premium refunded. This wouldn't have covered me if I had needed it. How do I word it for the online court thing?
  23. I've 3 secured loans on my property with my mortgage lender. They are in arrears and I'm being charged 60 pound a month for this on each loan plus interest on this 60 pound and the interest on the loan. Do I complain to my mortgage lender or go straight to the FSA? or somewhere else? I've been looking into my mortgage to see if it's been mis sold. i was sold a remortgage prior to this I only had a secured loan on my property with my current mortgage lender. They sent out a direct mail addressed to my husband and myself stating what this would be with figures if we moved the mortgage to them. I did remortgage with them on a self certification mortgage there was monies released on the mortgage which covered some home improvements but they also said that I could pay off some loans so these were included too into the mortgage. The illustrations states 'We recommend 'Having assessed your needs that you take out this mortgage. They didn't discuss any other mortgages with me. It was for 16yrs so it goes over retirement age mine to 64yrs and my husband 67 yrs. It had an early redemption fee in the first 3 years. The illustration on it states 'The terms of this Mortgage reflects past or present financial difficulties' I did not or my husband have any financial difficulties back then. I've been looking into this and seen that Mortgage lenders are not supposed to put people with unblemished credit files into the sub prime market. I have been in touch with a solicitor because I was looking into suing them for professional negligence but the solicitor seemed to think it could of been mis sold. I found a letter from The company they regonized that there was a possibiilty of this back in 2008/9. I've been looking into my mortgage to see if it's been mis sold. i was sold a remortgage prior to this I only had a secured loan on my property with my current mortgage lender. They sent out a direct mail addressed to my husband and myself stating what this would be with figures if we moved the mortgage to them I'd bought my house on a right to buy from my council in 2004 but my mortgage was with someone else .I remortgage with them on a self certification mortgage there was monies released on the mortgage which covered some home improvements but they also said that I could consolidate some loans so these were included too into the mortgage along with the completion/legal/other fees. The illustrations states 'We recommend'Having assessed your needs that you take out this mortgage. They didn't discuss any other mortgages with me. It was for 16yrs so it goes over retirement age mine to 64yrs and my husband 67 yrs. It had an early redemption fee in the first 3 years. The illustration on it states 'The terms of this Mortgage reflects past or present financial difficulties 'I did not or my husband have any financial difficulties back then. I've been looking into this and seen that Mortgage lenders are not supposed to put people with unblemished credit files into the sub prime market. I have been in touch with a solicitor because I was looking into suing them for professional negligence but the solicitor seemed to think it could of been mis sold. I found a letter from The company they regonised that there was a possibility of this back in 2008/9. I 've requested all the info the company has on me some they say they don't have to give to me. One piece of paper is the Analysis and Assessment of the person who sold it. It's signed and dated by her but not counter signed by the company leader confirmation to state that it was appropriate. The company also states that it alllows the person who sold the mortgage to self declare for myself and my husband the income. I do not have a self certification certificate as I have for other secured loans with this company and I do not recall filling one in either. The person who sold it just wanted bank statements
  24. I have been approached by a good friend because of my experiences with banks and claiming PPI and unfair charges but I would like to run this by my family of Caggers please. My friends mother took out a small loan(Llyods TSB) back in Aug 2009 and repayments included PPI (I have seen agreement) but she was retired and in receipt of a pension at the time so PPI should not have been applied. Unfortunately she was taken ill in the Autumn and one payment was missed/late. However her son paid the loan off in full and the late collection activity charges of £25 was refunded. It is not clear whether he got a settlement figure or just paid the balance outstanding from the most recent statement he had (I am looking into that) but I have a few questions please; (1) If balance from recent statement paid, should Lloyds TSB have refunded difference on the account once they had done their re-calculations? (2) As her son is dealing with her affairs (as executor of her will) due to her death Autumn last year, can he claim for mis-sold PPI in these circustmances or is it too late? Has anyone else been in similar circumstances? Shelley
  25. Hi, I am new to this forum and forums in general so please forgive any lack of etiquette. I am in very serious trouble and have been for years, and will shortly be going bankrupt and making myself homeless in order to get out of it. With what i'm reading and hearing, I may have cases to bring which I've decided to look into before going Bankrupt. I'll try to be as brief as possible. Below is a list of what i have going on and my comments & questions. I appreciate any assistance or advice for any of it. My problems stem from setting up my own business and it subsequently failing in the recession. 1, Mortgage on my home: Spml/Capstone/Ascenden interest only mortgage for 92k taken out in 05. Current outstanding is 97k. Obtained through broker. Late charges throughout the life of the mortgage. Currently in arrears but under agreement and 'safe' for the time being. Could this mortgage be mis-sold?, Are the charges refutable? Is the fact that I have been forced to take buildings insurance with them refutable? 2, 2nd charge on the property with Nemo Finance for 25k 2006. Currently in arrears but under agreement and safe. Charges throughout the life of the loan, current balance still 20k plus. Are secured 25 year loans being scrutinsed for mis-selling? 3, 3rd charge on the property for 25k with Halifax 2006 within 6 months of the above loan. Charges throughout the life of the loan. Same question as above. 4, Santander mortgage on another property taken out in 2004/5. Increased mortgage to 85k. Charges throughout the life of the mortgage. Ran into serious arrears 2011 to 3.5k. Started back in full time employment following the collapse of my business in september 2011. paid Santander 1800 in October and entered agreement. Missed the following 2 months payments due to more pressing debt catch ups with other creditors. House repossessed on the 18th of Jan 2012. Called the head of dept to try and get the repo reversed but was told i would have to settle the entire 85k for that to happen. Advised the woman that the property had been empty for years and that they should have notified me at my home to tell me what was going on. She did not know I had another house and thought she was making homeless. Despite the fact that my Santander bank account is registered at my home address and not at the repo'd house. House was on the market by the end of Jan 2012 for 1 day and was sold for less than half it's value, leaving me with a shortfall of 50k. They are now in pursuit of this money. the whole process from entering agreement, to sale of prop was 3 months. Do I have grounds to sue based on: duty of care to make sure they had actually spoken to me to tell me what was happening, consideration to my change of circumstances i.e. not earning any money until i went back to work in Septemeber, after which I paid them 3 quarters of my 1st months wage. giving me the chance to sell the house for a larger sum, or to a family member so as to not lose (what they thought) was my main residence, allowing the property to sit on the open market and not accepting the first and only offer on it for less than half its value. the property has now had it's refurb (which I had done half of) completed at an estimated 20k and is worth 120k. Santander sold it for 45k. Additional borrowing had PPI attached. 5, HFC personal loan taken out circa 2005 for 7500. current staus is 12500 owing. I paid a company 500 to see if this had been mis-sold which took about a year. They came back and said it was enforcable, but they got my ppi back. Since then i have not recieved any demands for payments but do recieve a yearly statement telling me the balance is 12500. I do not know why they do not chase me for this anymore. 6, Halifax current account, charges totalling at least 6k over the last 10 years. Already put a claim in but was told by them that they were fair and the court case ruled against payouts. Is there any point in attempting to reclaim this money? 7, Santander/Alliance & leicester bank account, Charges througout the life of the account. Apologies for the convoluted way this is written, I am currently putting together a more concise and detailed history of my circumstances in order to submit to somebody that may take up any or all of these cases. I am finding it all a bit overwhelming and want to find out if people think I do have relevant grounds to bring cases. Also, how would I go about this? Does anybody know a good manchester based law firm that deals with this? Please help. My wages don't cover outgoings and I only eat 3 weeks out of every month to maintain my current status. Any help is appreciated and i can go into more detail on any points above if requested. I also would like to know if it is possible to sell the house I live in now for less than it is mortgaged for ( and therefore not covering the 2nd and 3rd charges) as I know from experience that if I hand the keys back, they will simply gice it away and chase me for more shortfall. Best Regards,
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