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  1. Hi, Unfortunately my employer has gone into liquidation which has meant I am jobless and owed nearly 1 and half months worth of pay - It looks like its going to take me a while to get this (if I get any of it) I have started to claim JSA. I have arranged payment plans with several creditors but I am really struggling with Very! I have a very account with a balance of just under £3500, I have just had BNPL intrest added which has caused me to go over my limit of £3000 - I have missed one payment they are now asking for a minimum payment of £220 which in my current situation, is beyond my means! I have emailed them with an update of my situation, and income and expenditure sheet and have told them that I will be making a payment of £33 a month for 6 months or until I find myself a job again - I was sent the following response: We are unable to accept your offer as it does not meet our minimum payments criteria. The minimum payment we can accept is for 12 months at £215.18 every 28 days, starting on 19.12.14 Please email us to confirm if you are able to make the payments on the arrangement offered above. There is noway I can pay that at this time, what do I need to do next? Do I just continue to make the payments? I am also dreading additional "late payment fees" / "debt collection fees" Help!
  2. I have been having problems paying a mail order catalogue for a few months now, due to being diagnosed with a incurable lifelong illness and being on steroid medication etc haven't been working as much as I would like, hoping to be in remission one day! I contacted littlewoods saying I was having problems and instead of the £100 I normally pay they would let me pay £50 for two months which I did, then as soon as the two months were up they went back to continually phoning and sending letters, I've written asking them to let me have reduced payments for 6 months but seem to be ignoring me. I did ask for them to refund PPI and charges on my account a few years ago which they did but I never sent a SAR or a CCA or whatever else I was supposed to send, just filled out a form they sent me and they paid a amount I was happy with. They are still charging £12 each month for either missed/late payments. I'm not sure what to do now? I also have a grattan account which I'm in the same situation with, they let me reduce payments for 4 months but still added interest on but not the £12, now the 4 months have finished they are adding the interest and the £12 each month and the amount is spiralling out of control, Grattan said they would only freeze interest if I go through stepchange or similar and sort out a monthly payment scheme, I don't know what to do next Thank you for reading this
  3. My mother passed away a few days ago. She was a protected tenant in a large housing association / housing trust. An officer of the trust has informed me that she was in rent arrears prior to her death, and that until the flat is cleared rent will continue to be charged. She had been living in the property (and another property in the same HA) from the early 70's. She was the sole tenant, there was no-one else living with her & no-one stands to continue the tenancy. She was a hoarder therefore it will take some time to clear her rubbish & belongings (little of value). She had very little of value, and i've found recent credit card statements indicating she was in thousands of pounds of credit card debt. There may be other debts. She was in receipt of pension credit & housing benefit. The rent included heating & hot water, therefore the HB would not have included that, so the HB was not for the full amount. There may be other HB deductions. I am her next of kin (sole child). My questions are : 1) is the HA right to claim a) rent arrears prior to her death b) to charge rent while the flat is unoccupied but being cleared of her belongings after her death ? given the amount of stuff she has hoarded, this will probably take a month or so. they have verbally offered to allow 'approximately two months' if needed. 2) re the credit cards she owes money to (the one i saw was ' m&s credit'). and other loans she may have. What happens following someone's death? I suspect her estate will have very little value. Do the CC companies claim it from the estate, chase the next of kin for the debts owed ? or are they written off ? any help appreciated i have never been in this situation before.
  4. ive got into arrears my own fault and all that just couldn't afford it at the time. got a summary warrant notice this morning phoned the office the guy was quite cheeky and demanded £27 a month said i couldn't realistically afford that i can't even afford gas at the min. told me thats what they/he wants and no less refused to accept any less on a plan and if i can't afford it sheriff officers will be at the door. can they do this? i want to pay it i just cant afford that much. might not be a lot for some people but im in the process of switching to esa and waiting to see if my son can get dla, spending more than 50% of what i do get going to drs/hosp appointments for myself and him.
  5. We bought a flat(to rent out) in 2012 and for 6 months our solicitors could not get hold of the freeholder, so finally gave up and declared them uncontactable. Early in 2013 the freeholder resurfaced claiming ground rent, building insurance and money for emergency works 6 back to 2007 just by sending a letter giving a summary of all alleged costs, no proper demand. We requested to see invoices, proof that relevant notices have been sent to the previous leaseholder, the freeholder's company accounts for the relevant periods, etc., but not any of those have been provided. Then early this year they have taken us to small court, but have provided the court with the property address, and not our actual address where we reside. So following the delay in communication a CCJ was issued as we simply could not communicate with the court in time. We have had a hearing and the judgement has been set aside. So we are facing a hearing and we are unsure of how we should proceed. In the meanwhile, just very recently, the freeholder sold the freehold at auction, and there were special clauses in the auction stating that whoever buys the freehold must cover for the claimed arrears as well. Although the case with the old freehold is still on, would the new freeholder have any rights as to claim from us again? We have seen no documental proof of expenses made, the previous leaseholder claims nothing was owed at the time of sale. Not sure where to start!
  6. Hi, I hope everyones fine, Ge money are taking possession proceedings against me even though the amount of unfair charges are well in excess of current arrears. I am having some dispute over my charges with Ge money, I have opened a claim against Ge money and going to Wandsworth county court on the possession proceeding on the12th of September to address my concerns about the charges, and GE money's unfair treatment of consumers. I know most of the people here are having the same problem with Ge money's outrageous charges and behaviour I am going to fight this in court and plead that there charges are outrageously high, also they haven't provided me with a clear copy of agreement contract and it was with Cowen my original contract was with, not Ge money. So if any one has problems with Ge money you are more than welcome to contact me And we can raise your issues in these proceedings. the hearings on the 12th of September so we have very limited time so please contact me ASAP and I will put forward your concerns as well, the more we are the more standing we have against Ge money and for once we can stand up to their outrageous behaviour. If you are deciding to join my action please send me a email well in advance of 12th of September, as I am also a litigation paralegal, I could provide you with some advice or come on the day as I said the more the greater standing we have against Ge money.
  7. Hello, I have never used anything like this before but me and my partner are desperate for some advice. On Friday we received a letter from the bank saying they are taking our case to court to start repossession proceeding due to mortgage arrears. The case is to be heard on November 5th 2014 and we are beside ourselves with worry. Here's the story: My partner took out a mortgage to buy the property we are both living in back in 2005 with his ex parter. They are both on the deeds although she paid nothing towards the deposit (that is another matter) They broke up in 2010 and she moved out with their two children to live with a new partner. Tom (my partner, home-owner) could only afford to stay in the house for a couple of months but as he was living alone and had just lost his job, he started to fall into arrears with the mortgage. His ex partner refused to pay any of the mortgage payments but insisted he still the property. She claimed she was entitled to half of the profits from the sale of the house and that is all she wanted. It was explained to her if the payments weren't made the house would be repossessed any way and she wouldn't have a penny. She still refused to pay my partner moved out and his father moved in as a paying tenant. He lived here for just over a year and Tom was finally able to start repaying the mortgage again. However as he still had no job he couldn't find the money to repay the arrears, so they along with interest kept on building. In 2013 Tom and I had a son together and we considered moving in to this place. At the time is wasn't realistic as he was still out of work and I was technically a single mum on benefits as Tom didn't live with me (he lived with his mum). In march 2013 not long after our son was born Toms ex partner informed him she was going to be moving over 100 miles away with his two children. Tom had no choice but to take this matter to court and over a period of 9 month he worked up a solicitor bill of over £5000. She still refused to repay the mortgage but still insisted that she was entitled to half of the profits if it sold. Again she tried to get her solicitor to make Tom sell the house. This was the last thing Tom wanted to do as the deposit he used to buy the house was from inheritance his late granddad had left him. We made the tough decision to move in here together in Feb 2014. I sold all of my things from my old house, gave the house back to the council and moved in with Tom, our son Charlie and my two other children from a previous relationship. We had come to an arrangement with the debt solicitors working on behalf of the bank to pay the mortgage payments of £410 and £170 extra per month to clear the arrears to make a total of £580 per month. They would not wavier the interest. Tom was still out of work but we were able to claim tax credits as a couple which we worked out would help to pay the mortgage as I was still out of work myself also. For a couple of months we were comfortably paying the mortgage and the extra amount to clear the arrears. However, in late April an opportunity for Tom to open his own shop came about that sounded too good to turn down. All of the equipment was there, the owner only wanted 1 month up front for the rent and we didn't have to pay any rates for the first year. As it is a butchers shop, stock was on week over week finance basis. This is something Tom had always wanted to do and after many long hours going over all the pros and cons he decided to give it a go. We had both tried for so long to get jobs as employees this seemed the only way to make money. We opened the shop in May 2014. although it is doing well, it still is not turning a profit. Some months we had to use money we didn't have to pay the shop rent or utility bills which set us back again with the mortgage payments. Last month we had lots of extra expenses such as school clothes for my two children, the school lunches money, swimming lessons and guitar lessons to pay for for the start of September. We have now fallen be-hide again. With Christmas just around the corner we have big concerns over how we are going to manage to pay anything. With Tom and I not earning from the shop, I am unable to take a second job due to child care issues and not being able to drive - the only money we have coming in is our tax credits and child benefit. We are literally living day to day as it is. We have no luxuries, we don't drink or smoke, we have cut down our food substantially, we never go out, we never buy new things and the children never get treats or new clothes or shoes. We are in desperate financial strains and this repossession order is the last thing we need. The letter states we now have nearly £4000 worth of arrears and they want it all paid or to come to a reasonable arrangement to re pay it before the court date of November 5th. There is no way we can find that sort of money and we have no one to ask for help. None of our parents have any savings at all, we have nothing we can sell and because we do not claim income support or job seekers allowance we aren't entitled to government help either. Toms ex partner still has nothing to do with us and still refuses to pay anything towards the repayments (she still says she owns half the house though) She did in the end move 100 miles away and so all her debt letters come to our address as they do not have her new one. They have both been sent the letters about the court date, notice of possession order and also a letter from HMRC (I think) about filling out an income/out goings and proposal for repayments but obviously we have hers. We haven't told her about these letters yet or that we have to go to court but even if we did she wouldn't pay a penny as she wants it sold any way. I know that I am classed as an entitled resident as I am Toms partner and we live together and this mine and my children only home therefore I will go to court with him, but what will happen if he's ex doesn't show up? We will be emailing her today to inform her of the actions being taken, but we know she'll want nothing to do with it. Please help us, we have no idea what to do to help us keep our home, we have no where else to go. Is there anything we can do to stand a chance of this not going to court? Or anything we can do to try to keep our home? Tom is intending to talk with the debt solicitors working on behalf of the bank today to try to come to some sort of arrangement but we have no idea what our rights are, what suggestions we should make or anything that might help us. He doesn't have any PPI protection and will not be able to take a repayment holiday. With the amount of CCJS against him he has a terrible credit history and will not under any circumstances be able to get a loan for the money to pay off the arrears. Please help us.
  8. Hi everyone. I'm after a bit of help. I have just found out I can claim back the charges on my mortgage. I have requested a statement from my mortgage company who odly have sent one out without charging me. However there is a problem. I took my mortgage out in 2007 with future mortgages, the mortgage was then sold to Engage credit. The current company engage have sent a letter saying, "we acknowledge receipt of your recent enquiry requesting copies of your mortgage statements. Please find enclosed the requested statements. Unfortunately, we have not been able to provide statement from 1 April 2009 up to 31 March 2010 as this was not provided to us by your previous lender." My concern is that the statement ending 31 March 2009 shows a balance of £153,783.69 The statement that starts on 1 April 2010 shows a starting balance of £156,346.89 This means that £2563.20 has appeared on my mortgage total and I have no statement to show why. At present my fees balance on the mortgage stands at £2068.81. Could someone please give me some advice as to how to proceed. Firstly how do I go about recovering the charges I can see applied to my account, and secondly what do I do about the missing statement and the sudden leap in money over a year. I find it very convenient that in the years missing period there is a sudden leap in my balance. There are some legal costs on the account from them trying to take me to court to repossess after 2 months arrears, which was paid on the day of the court hearing. thanks in advance james
  9. I am in a financial mess and have buried my head in the sand for so long, marriage breakdown, job loss, health issues, everything has got on top of me, but today I want to try and sort this mess out and looked on here for some help...I have mortgage arrears and have entered into various payment plans which they review on a 3 - 6 months basis, if I don't take the call they start charging the penalties again even if I still pay the agreed payment...I sometimes avoid the calls as the anxiety of talking about it is too much. I don't see a way out of it as the peanalties are mounting up to almost as much as the arrears were....i saw on the forum about reclaims for unfair charges and also about hardship reclaims but most date around 2010 - 2012 so was wondering if I've missed the boat to try to reclaim some as this would help reduce what I owe and possibly start to help me get on right track. Any advice most welcome.
  10. Hi recieved a letter today from redstone saying that due to an administrative error information about my mortgage account was sent to a private indivdual by email on the 3 August. I have had a lot of trouble with restone and recieved no help from these people in hard times , is there anything I can do regarding there error ? many thanks
  11. Hi All... I have been looking at this forum for a couple of months and have made the leap to register. Anyway I would like some assistance with the following please and if this is in the wrong area please forgive me. Basically I have missed several mortgage payments to the Halifax and the arreas currently total £7000. I have had a few payment arrangements and some have failed due to not enough money coming in at the time. I was made redundant back in Nov 2007 for three months then found contract work for about five months but the payments from an agency were random such as fortnightly or monthly and as I was an umbrella company and needing to pay bills I did not want to alter a steady income. My wife and I seperated so that was one less income coming in. I have been in full time work since July 2008 with a government backed company so know my job is safe and I have a good salary with overtime etc.. Halifax have been fair (but not flexible) with excepting random payments but now say I will recieve a letter from their solicitors about possible court action but this may be avoided or suspended if I continue to pay the actual monthly amount £840 and then put the arreas back onto the term of the mortgage. The guy from Halifax did say the whole process could take up to six months but I would rather not go to court at all. I have made payments since August,some contractual some not although I only paid £400 in December 08 which has prompted the action. I plan to pay the full contractual amount in Jan 09 plus about £70 extra and will continue this for the next few months. After speaking to the CCCS and CAB both advisors say they would not go for repossesion but rather except the payment scheme.As a side note I did ask Halifax back in Sep to switch to an interest only for a year but they refused unless I made six consequtive payments which they may agree to again. Has anybody had a similar experience with this or Halifax and would they go for a reposssesion if I continue to pay my contractual amounts ? I have bank statements going back over a year showing payments and should Halifax have allowed me to switch the mortgage when I asked? I am only concerned if I go to court I may have an unsympathetic judge
  12. Hello all, This is my first post. Please be gentle. I've had a reduced payment arrangement in place for my mortgage with the Halifax for the past 3 years. I haven't been able to find gainful employment due to ongoing mental health issues and close family bereavement. My mortgage is relatively small and the arrears are approximately £2,000. Today I received a letter from Ascent Contact : "We act on behalf of Halifax and have been instructed by them to contact you and discuss the current situation with your mortgage. We understand that this will be a difficult time for you so we aim to explore the options available to you and then present your situation to your lender. Our aim and purpose is to help you put forward a positive proposal. Our local representative has been instructed to complete a field report including financial analysis." The field agent is visiting me next Tuesday and I can't begin to explain how terrified I am. He didn't sound like a reasonable person on the telephone and this is the first time the Halifax have sent somebody to see me. I do suffer from severe panic attacks and suicidal ideation for which I receive regular treatment and support. At the moment my anxiety levels are very high due to a variety of stressors (it never rains, it pours). Does anyone have any experience with a field visit from Ascent ? How worried should I be about repossession at this stage ? What information goes into a field report, other than financials ? Am I required to show the field agent my personal bank statements ? This feels like a huge invasion of privacy to me. I'm not hiding anything and he won't find any lavish expenditure or undeclared income so I'm suspicious of his motive in this respect. I'm just scared beyond belief and any help / advice would be gratefully received. -H
  13. Hi I took out an SPML mortgage in 2006. I was a bit of a sub-primer and this was all I could get. It was for a buy-to-let mortgage. Of course I don't have to recount to you what a nightmare this has been at times. In any case I'm currently in arrears (I won't bore you with the sob story) and I have also accrued thousands in 'other charges' for insurance(?), management fees, missed direct debits and anything else they could think of, really. I've had a letter and a court date from their solicitors seeking re-possession. I originally found this site in 2006 when it helped me to reclaim bank charges. I was wondering what advice you could give me on this? I should be able to make some payment towards the arrears. I have a tenant moving in to the property shortly. Has anyone had success reclaiming these charges? They are huge. Thank you.
  14. Hi, iv flicked through here and seen a lot of people seem to have had some bad experianced with orange mobile phone contracts! I had a contract with them 2008-10 and from day one they screwed it up. I was given so many minutes, texts and Mb as per usual but was often charged for more than what my standard price was, they had charged me for some of the things I should have had included. At the time their answer was that I would have to pay the full amount now and they would either refund it or take it off my next bill. I refused to do this as I did not have the funds and was left with no other choice than to cancel the direct debit. This went in for nearly the entire contract. On top of this I had numerous problems with the phone, that they were reluctant to repair. Iv recently logged I to my credit file to find numerous cases of arrears logged against me in the contract period ranging from 1 month to 4 months. I noticed that before the 4 month marker 2 months were marked as being in dispute, yet I was still penalised. Looking through all the markers it states what I owe and clearly shows them reducing the bill on more than one occasion, following me ringing up extremly unhappy. I emailed orange about this to try and solve the problem, got my automated response to say they would get back to me in 72 hours, they didn't so I called them. They refused to access my account as I couldn't remeber specific details about it for ages and when I did finally get them to do it, they could see anything regarding to all of this. I asked to be out through to a supervisor to be refused and then to be told the person I am speaking to is a supervisor (load of crap!) and they still wouldn't help me. They then out me through to the billing team (no idea why!) to a young girl who did her best to help me. Looked into everything she could and told me at one point the debt was passed to debt collectors, I don't remeber being informed of this at all! She couldn't help me and have me an email to contact (referrals.fax.invox@everythingeverywhere.com) politely explaining my suituation and i asked then to contact me to achknowledge the email if they were unable to sort it straight away. And nothing, iv heard nothing in 7 days now. I realise that I haven't given them a great deal of time to respond to this but I am extremly annoyed with my credit file and now their complete lack of communication. I keep reading posts on the internet saying mobile phone company's are not governed by the same people as loans ect but I don't know where this leaves me? Where do I go from this, I completly believe this is unfair and it is stopping me and my partner from buying a house, I don't know who to speak to or to complain to to take this further? Thank you! Danielle
  15. Hi all, I'd appreciate any advice on my immediate problem please. I have a mortgage with Bristol & West/Bank of Ireland. In 2007 I took ill and fell into mortgage arrears, Bristol and West got a Possession Order so I borrowed money to clear the arrears. Due to the unfair interest rate rise imposed by Bristol & West/Bank of Ireland plus personally being unable to function properly due to depression, arrears have accumulated so the Bank is not threatening to use the existing possession order to go for eviction. I have complained to Bristol & West/Bank of Ireland, in March 2014, about the interest rise, plus the charges they keep adding which is making matters worse. Their response to my complaint was unhelpful so I am writing to the Financial Ombudsman to complain - I believe I have six months to complain to the Ombudsman which is fortunate as I cannot predict when depressive episodes may strike nor how long they will last. I do know I cannot afford to pay them £1500.00 in the next seven days, nor do I have anywhere to move my family (wife and 3 children under 16). Does anyone have any advice or could point me to information that might help please? Thanks in advance Brian
  16. Hi, first of, just to let you know what I have: Assured Shorthold Tenancy (6 month fixed) which started 16 Nov 2011, it's now a monthly periodic. The letting agents, only having just ventured into private letting (monthly) for the first time ever, issued me with an AST which is a bit of a frankenstein AST. By this I mean: When dates and "months" are mentioned, they used the lunar (not 28 day calendar) as reference. Tenancy, as quoted "The tenancy begging -3 Oct 2011 and is for a fixed term of 6 months and ends on Mid-day on 03 April 2012 subject to terms in this agreement." Rent, quoted as "Total Monthly Charge £450" Rent is to be paid, in advance for the following month i.e. from the 3rd of the month to the 3rd of the next. Then when they mention under "changes in rent", this is how the terms are listed out: We may review the rent due for the premises at any time after six months from the commencement of the tenancy, provided you are given 4 weks notice of such charges We usually increase rents with effect from the First Monday in April each year, but reserve the right to increase on another date. We can reduce the rent at any time. The on the 9th October 2012 (part way through the month 03 Oct - 03 Nov) they wrote to me the following: What happened is that the rent change happened mid-month i.e. 03 Mov - 06 Nov was £450 / mo then 06 Nov onwards was £495. The Shelter helpline have told me that how it works on month periodicals is that: 1) When notice is served, that notice period starts at the first day of the next period and if the notice period continues into another period, the notice changes take effect from the start of the next period from the notice period end date. 2) Rent changes can only take effect from the start of the period after after the notice period has ended. (or something to that effect) I got a little confused as the council told me a whole other story (which I will explain later in the thread).. Am I right in thinking that, the notice period should have started as of the beginning of the next i.e 03 November meaning that the rent increase should have taken effect as of 03 December 2013. Another question, looking back at the history of my account, this has happened each of the 3 times. In one case I received a letter in April stating that the rent wasn't going to increase that April, but it did anyway in November? Can they do that? Finally, the rent increase in question here has been in dispute since it happened. Whilst disputing it, I notified the Council to get the HB raised to cover it so I don't go into debt because of credit reports etc... so they did. The dispute happened for months and months with no budging from the LL. Finally, the person who was handling the dispute left the company entirely and left it all to a bunch of people with no organisational skills. From here on (mid 2013) noe o the repairs are being done, which I'm also disputing, amongst others things and somehow the whole dispute "vanished"... Early this year I received a letter about "arrears" of about 2 weeks (as HB weren't paying the full amount). I contacted them, set up a payment arrangement and make it VERY clear in writing and with each bank transfer that they are nothing but "TOKEN" payments. I've asked time and time again to review the dispute as the increase wasn't even agreed, plus all their dates are wrong, but they seem more interested in collecting arrears. than dealing with this. Can someone have a nose over this and have a look at how I could approach this? Cheers, A
  17. Can somebody please provide some guidance on the following: Loan Should a Notice of Sum in Arrears be sent to a customer when their Accounts is transferred (due to Arrears position) over to Debt Recoveries under a Debt Management Plan. Is this a CCA requirement to send out a NOSIA at this stage of the process? I am aware that one should be sent when in arrears, but not after its been defaulted and in Debt Recoveries. Please advise
  18. Good Evening, I currently have an ongoing thread about my mortgage company and the arrears I have along with other problems http://www.consumeractiongroup.co.uk/forum/showthread.php?398831-Kensington-Mortgages-Assisted-Sale&p=4540089#post4540089 I am currently going through all my paperwork to claim my charges ...looking through got me thinking I have Buildings and Contents insurance with my mortgage provider. At the time they said I had to have hmm buildings with them. We have since got into arrears and have missed several payments. These arrears also include the insurance. Now with my thinking I am paying silly interest on this amount and also it's been added to my grand arrears total which is going to court for eviction. Do we think they can do this? Is this something I can claim back? Thanks Olives xx
  19. Good Morning, I am just after some advise in regards to late payment markers which my previous mobile phone provider Orange/EE placed upon my credit report. I have had numerous late payment marks placed due to me refusing to set up a direct debit with them as they on 3 occasions took incorrect payments from my account which then took them 2 weeks after being informed to refund to my account, they also cut me off on numerous occasions even though the full amount had been paid on the bill. On a few occasions I missed the payment date by 7-14 days due to being away on business etc... I was in the understanding that the providers were unable to place late payment marks on your credit file if the payment was less than 30 days late, is this not right or am I right? I look forward to receiving your guy's answers on this. Thanks.
  20. Hello, In 2008, HBOS repossessed a house. This happened because: 1. HBOS did not follow my instructions to make direct debit adjustments to my personal bank account and neither did they update my address (to a property not mortgaged by themselves). 2. Mortgage monthly payments were not made in respect of two houses. 3. Because of the failing in #1 above, I did not receive any communication that there was a problem. I only found out about the problem after a tenant called me saying that she had received a 'Notice of Eviction' from the court. I contacted the bank by way of letter complaining that due to their inability to make changes to the bank account which I requested in #1 above, I now had mortgage arrears. The banks response to my letter was to immediately close down my personal account without giving me any notice as to their intentions. This left me without a personal bank account. Their other response to my complaint relating to the causation of the mortgage arrears was to totally ignore my complaint and not provide me with any answers. As soon as I discovered from the tenant that she had a Notice Of Eviction, I phoned HBOS to ascertain why this had happened. As soon as I understood that HBOS had failed to act upon my instructions for my bank account (direct debits, update address), I then asked HBOS whether the eviction and repossession would be stopped if i cleared the arrears. HBOS reply to this was YES. I also asked whether I could simply make one lump payment to HBOS and they would split it between the both account. HBOS reply to this was YES. The total amount of arrears between the 2 houses amounted to approx £4,000.00 I paid £5,000.00 in order to clear the arrears and: a) Pay off extra capital on the loans, or alternatively: b) To make an overpayment just incase my direct debit for the following month was not actioned within time. Essentially, between the 2 HBOS mortgage accounts, whilst there had been arrears (through no fault of my own) I had cleared the arrears and put the account into credit. After paying this amount to HBOS and upon checking everything was in order, I was informed that HBOS could not split the payment = contrary to what I was told by HBOS earlier. HBOS told me that unless I was in a position to clear the total arrears on the second property that repossession would go ahead. I again explained to HBOS the fact that I had an arrangement with them and that I was told the payment would be split to which HBOS replied that it is impossible to split payments and that repossession would go ahead unless I was in a position to clear the total arrears before said repossession date. Having already paid out £5,000.00, I was not in a financial position to immediately find the £2,000.00 they were demanding from me, as they were in my opinion refusing to budge or help me in any way (to adhere to the information I was first told that payments would be split) then I decided to go to court and let a Judge decide. AT COURT: I arrive early with my paperwork in order. My paperwork included much of what I described as above as a letter to the Judge and the banks solicitor. In addition to what I described as above, my paperwork included a receipt for the £5,000.00 payment in addition to mortgage statements which clearly showed that between the 2 mortgage accounts I was now essentially in credit - therefore, no arrears. Unfortunately, the banks solicitor was over 2 hours late. Because the solicitor was 2 hours late I had to return to my car to buy another parking ticket. Unfortunately, because I was highly stressed in the fact that a tenant could lose their home through no fault of their own, I left my paperwork / proof in the car!!! Upon returning to Court, I was told that the Judge was waiting for me!!!!! Waiting for me for a full 5 minutes, whilst waiting for the banks solicitor for 2 hours... Within court, the Judge ruled that the repossession and eviction go ahead (that day) because there was no proof of what the bank had said and also no proof that I had paid £5,000.00 I asked whether I could be allowed 5 minutes in order for me to get my paperwork and was told this would not be allowed. Incidentally, the banks solicitor spoke with me for about 2 minutes before court and within court proceeded to say a lot of things that were completely untrue, - for example, I was experiencing struggle in payments (this could have been easily disproved with my paperwork as I was not struggling at all). Complaint to bank resulted in me being ignored. I then had a meeting with a bank manager and she was surprised that my account had been closed down - she could not tell me who or why it had been closed down but she did recognise my serious complaint. She said that she would have one of her colleagues deal with this. Needless to say I was ignored after this. Further letters of complaint were ignored. Approx 3 years ago, as the bank had failed in their duty to provide me with a subject access request as well as failing to answer my complaints, I managed to obtain an appointment with a new bank manager. I showed the new bank manager copies of my correspondence and also said that this matter had been going on long enough. I explained to the bank manager that unless he was willing to deal with my complaint within a reasonable amount of time (i gave 2 weeks), then I would be standing outside his bank with leaflets giving the leaflets out to customers and public highlighting the fact that the bank has made a serious error and is refusing to deal with my complaint accordingly. I also mentioned the fact that I had checked with the local police who provided me with advice concerning the legality of my proposed actions. The bank manager said that he would deal with my complaint... To cut a long story short regarding that complaint, - the bank manager faxed my letter of complaint to another manager who would deal with me. I was then informed by said manager after 8 weeks that they could not read my complaint as the ink was smudged. The bank did give me my subject access request, though incomplete and it was missing important information. The house that was repossessed cost me: £16,000.00 as a deposit for the mortgage £15,000.00 in repairs on the property - it was still undergoing repairs on the repossession day. Numerous other expenses totalling approx £5,000.00 The bank has ignored me continually and was told by FSA??? (cant remember) that due to the length of time, they are unable to investigate. I explained to them that I considered this to be unfair as the bank ignored my complaints continuously, however that did not have an effect on the fact that they said they could not investigate. My other losses are inability to obtain mortgages at a more favourable rate since the repossession has had an effect on my credit record. Other information: The purchase price of the house was £80,000.00, my mortgage was for £64,000.00 and the house was sold for around £59,000.00 causing me to have a debt of £5,000.00 which was then transferred onto the other property. Sorry for a long post, hope it makes sense... Thanks in advance for any help with this!
  21. I have been trawling through this site for some advice but cannot find the exact answer to my question. If a Notice of Sums in Arrears is defective then no interest can be charged during the period of non - compliance. Does that include contractual interest on my agreed contractual payment? I mean if I take out a CCA loan I was wondering if its better for me to default and get an interest free loan should the Notice be defective then explain to the credit reference agencies to clarify the default on my credit file as the lender would have incorrectly charged and therefore incorrectly reported the arrears on my account. Hope that makes sense. I just cant believe that this is true if borrowers in arrears are better off than borrowers who make their payments on time and for the correct amounts? Heres hoping im right lol
  22. Please help me; you could not make this one up. My tax code was changed twice last year 2013/2014 without notification from HMRC. I meant to ring them but was busy having obtained a newjob and forgot about the matter. I was recently sorting out a difficulty with tax credits and looking at my wage slips I remembered that I had meant to ring HMRC about my tax code.. I rang HMRC on 09/05/14 to find out why my tax code was changed and an HMRC adviser told me I had two underpayments of tax. One of them in the 2011/2012 tax year and the other in the 2012/2013 tax year, because I received Jobseekers Allowance inthese years. I asked the adviser to send me the P800 calculations because I had not received them, or a coding notice at the time of the code change, and I had also not received any Jobseekers allowance because my wife was working and we claimed working tax credits. I found work in 2011/2012. The adviser sent copies of the P800’s to me. I rang HMRC (30/05/14) having received the P800 copies and found out that the second underpayment was caused by an estimation of income. For this P800 calculation I have DWP correspondence proving I did not receive JSA. I told the adviser again that I had not received Jobseekers Allowance for 2011/2012 or 2012/2013 but had signed on as unemployed for a short time before starting a new job in 2012/2013. For the 2011/2012 calculation, however, the advisor told me they had P45 information from the DWP. I again told the adviser that I had not received any jobseekers allowance in either of the years and lost my rag slightly, cutting the call short before I said something I might regret. I never received my copy of that P45 information when I signed off either. It was then I remembered that in 1996 I made a claim for incapacity benefit. I received income support for this claim because DWP said I had not paid enough National Insurance Contributions to receive IB, although I believed I had. This was because the 1996 claim linked with another producing a continuous period of interruption of employment. A DWP adviser at the time told me that linking rules had changed. Later I found out that was a lie. Following the state's campaign of getting the sick back into work, in 2008 I had to register as unemployed, and in 04/ 2011 it was then that DWP realised that I had been entitled to Incapacity Benefit from 16/06/96 to 05/02/08 all along. Their letter to me said because of revised Inland Revenue records, so they paid the twelve years arrears as a lump sum less what I had received in income support for the period. DWP also paid me £100 in compensation for,”… such persistent error and over such a protracted period of time that it caused gross inconvenience in the pursuit of benefits, or pursuing a justified complaint about relevant matters…”. They apologised profusely and admitted that, “… dealings with the department, whether or not an error occurs, can often be frustrating and stressful.” No **** Sherlock! The changes in my tax code to pay back the alleged underpayment can only be because of this, as I had no other income that year other than the job that I started in November 2011. When HMRC added the mystery Jobseekers Allowance (IB ?) to my taxable wages for 2011/2012 it took me over my personal allowances and the alleged underpayment occurred, which they started to recover without telling me in January 2013. I received about £1450 in IB arrears and compensation but the relevant P800 calculation says I received £1995 inJobseekers Allowance. Can HMRC legally do this? I would never have paid tax on this benefit if it had been paid when it should have been because I never would have exceeded my allowances in any tax year from 15/06/96 to 05/02/08. DWP gave me £100 in compensation, for persistent and protracted error, and HMRC have taken nearly four times that from me, over what you could say is part of the same persistent error. I feel that the state has stolen from me. I earn just over the minimum wage and as far as I am concerned the IB payments represent income that should have been spread over twelve years. I could really do with the money back because I was assaulted just before Christmas, sustaining a nasty fracture with complications that I am still suffering from, and have been on SSP for 5months. Would someone please advise/help me? Although I have tried to do my own research I really do not know how to proceed. I am so angry, tired of trying not to get worn down and after having spent the last two weeks battling the working tax credits system my already medicated mental health is suffering again. I rang HMRC again today (02/06/14) and they say they can do what has been done. I feel that it isnot my fault that there has been a mismatch of DWP and Revenue NI records. If HMRC are allowed to do this it is ratherunfair. If the correct benefit had been paid in the first place then the lump sum arrears payment would not have been necessary and therefore no tax bill would have been generated. Many thanks for reading my post. I will be grateful forever and a day foranyone’s advice about my predicament with HMRC.
  23. I took out a second mortgage, secured loan for £6k over 5 years and starting to run into payment problems after about 3 years into the payments. I had other credit issues too, payday loans, credit card arrears and foolishly let the arrears build up on the secured loan too. I now have a real problem as KM have been charging me a 50.00 arrears fee per month plus a 5.00 default fee. They also send out monthly, sometimes quarterly statements, but the amount are very hard to understand as the contractual payments (5 years should have ended last November) and now there should be arrears and interest being added (not ideal but i could at least understand that) I have received varying amounts of what they claim to be the arrears amount and the outstanding amount. I have a recent letter from feb 2012 advising that the balance is £2900 but the outstanding amount is £2600. I called them to try and sort this out in March and they advised that the difference was due to the fact that contractual monthly amounts were being added to the balance in error as the mortgage had technically finished in Nov 2011. In Mar 2012 I received another letter stating that the balance was £3476.00 ( an increase of £500 from Feb). I called and queried this yesterday and was advised that the balance was not correct due to contractual payments being added ( sounds familiar) and to call back and talk to another dept this morning. I called, before going to work and was advised that the balance was £3098.00. I asked about the letter claiming £3476 and they put me hold. I was then advised they needed to order a redemption statement as it would calculate everything correctly. ( hang on, I thought I was dealing with the finance credit team)..... I have racked up probably £1200 worth of these £50 arrears fees and interest on top. I also have examples of really bad admin ( other customers letter sent to me) an apology letter was sent out 6 days after receiving an arrears warning letter to say that they had made a mistake, another letter sent in 2011 advising that on reviewing my account they found interest errors going back to 2006-2008 and were making an adjustment of £31 credit to my account. and most alarmingly ..... a letter stating that some data (personal, name, address, and other details) had been given to a 3rd party company in error !!! they again apologised and said they were taking the matter seriously. All in all, I may have not paid on time and should charged some kind of fee, but..... £50 per month plus interest and they seem to be totally in a mess, advising incorrect amounts , losing data and apologising for either incorrect letters or interst calculations. Sorry for such a long rambling thread but they are really stressing me out now and any advice or pointers on what I can do would be much appreciated. Thanks in advance
  24. My first post and I going to let it all out. Please read. Not sure if there is a lesson to be learnt but I need guidance. In 2004 I took a mortgage with Northern Rock via an independent broker who I was working for as an employee. 3 months later I got into a dispute with my employer (I asked for payslips) who then decided that 100% of my previous years income was in fact all loans and that I was never employed. No one got pay slips and his family were all accountants. My employer stopped paying me and remarked my mortgage was fraudulent and that I would go to prison. Apparently I purposely took out a £1800 a month mortgage without any income. I then had solicitors appointed against me by him. He did this to other employees. 5 months after obtaining my mortgage I was unable to make any payments. I informed Northern Rock why, and told them why payments had ceased and that I was panic stricken that my mortgage could be fraudulent. They did nothing. So I went to the FSA. They visited my house and I showed them the evidence of my mortgage and the subsequent evidence that all my income was loans. The FSA said there is nothing they can do. I went to the Police who sent someone to meet me from their fraud division. Eventually the Police replied in a letter and said only my lender could make the complaint as they were the 'victim'. I sent the letter to Northern Rock and asked them to do it. They refused. This whole process I just mentioned took almost 1 year. My a+ credit rating was decimated. I was on medication for stress and anxiety plus having counselling. My health literally collapsed. My partner left me. I just did not know what to do and I curled up into a ball. My ex boss even had his solicitors write to me saying if I took another job it would be 'breach of contract'. I ended up on Incapacity Benefit (never been on benefits before) therefore my lender received interest payments from housing benefit. Because my lender did nothing and my mortgage circumstances were unresolved I deteriorated. I did not know what to do so I gave everything away and fled. I was homeless and looking back, mentally ill. This was early 2007. In late 2007 I went back to my house. It had been empty and was full of leaves but other than that nothing - it was like I never left. No locks changed; nothing. So I moved back in. Having no referencable background to get a job with I decided to start a business. It did well and eventually I began to make all-I-could-afford-payments each month to Northern Rock. Within 18 months I was making full 1800pm payments. Then the recession bit and I could not sustain the full payments. It didn't take long for me to end up back on meds again. Of course Northern Rock still did nothing about how my mortgage was obtained or the arrears. It was like they just ignored it. So after fighting the good fight I decided in October 2011 to hand the keys back. I had just become a father and decided I needed a conclusion to this. The arrears were over £100k so the house was in negative equity which was why I could not sell it privately. The house was sold I and ended up owing a shortfall of 126k. I have not acknowledged this debt or paid anything towards it. I feel Northern Rock (now NRAM) had a responsibility to me and to report a crime, they always choose not to. I campaigned for years for them to do so - even when I was making payments each month. I really suffered through all this - credit rating is still wrecked, I get chronic anxiety even now and I am still trapped by it all. I refuse to go bankrupt. Why should I? I did nothing wrong and did everything that could be reasonably expected of me to report it. Anyway, thank you for reading all this. My question is can I get this debt written off? My mortgage was for £315k, the house sold for £325k, the 126k that is outstanding is all interest. If anyone can help I would be grateful and can return the favour - today I am a self employed web designer and marketer. Btw, HMRC investigated both myself and my employer. My employer wound up his company so HMRC said it was not in the tax payers interest to pursue him. No company to pursue so no tribunal procedure either.
  25. I am in the early stages of reclaiming fees for arrears,management fees etc so on this front would appreciate a helping hand as this progresses but the other question I ask as I have seen reference to it in other posts is that we took out a self cert mortgage with SPML (now managed through Acenden) in 2006 where the broker who organised got paid a total of £10k for his trouble !!! What can I do about this too with regards to mis selling? From early enquiries they are no longer trading Thanks
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