Starting afresh

[42man]

If you know they paid a broker commission, then I would send them a letter before action stating that the Subject Access request is incomplete due to non production of .......and give them 7 days to comply....

[elizabeth1]

Hello

 

Several months ago I was approached by a company that offered to audit possible claims for me. One of the possible claims they stated was against mortgage lenders both current and old

 

Now, I didnt progress anything with the claim company but I did get back info from a previous mortgage lender as a result of a Subject Access Request's request

 

My question is this, What should I be looking for to tell if I have any type of claim against the lender (what would the claim company have looked for during their audit)

 

I dont seem to be able to find any info on commission paid to the broker so maybe the Subject Access Request's request is incomplete

 

Any help will be good please

 

Thanks

 

Some of the things this company are likely to be looking at are in this thread link here - secret commissions, broker fees, PPI etc..

 

Would you PM me and tell me who the company are please?

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within-new-post.html

[reallymadwoman]

I can't see starting again as being any sort of problem at all. If you want an easy way to keep track of multiple companies, start a new thread for each account in the relevant forum and keep a note of your 'important' dates in that.

[julian1968]

Thanks Reallymadwoman

[julian1968]

Hello

 

I am wanting to upload copies of agreements and I see people talking about scanning but I want to know If I can just take a digi pic of the agreements and upload (probably with photobucket) is the quality as good?

 

If scanning is better for people to read T&C's then I'll pop off and buy one

 

Thanks

[maroondevo52]

Hi, julian.

 

A digi pic should be OK, give it a bash

 

Regards.

 

Scott.

[julian1968]

Hello

 

I have read lots on the forum so far and have had great help so far

 

Can I just clarify though

 

If I send for a CCA (Not returned) then Sar's and still no CCA this would seem to be unenforecable.

 

Does this mean I can stop all future payments to the lender, and if so, is this because the debt is in dispute and until they can provide a copy of CCA?

[julian1968]

Hello all

 

I have had help in this forum a few times

 

I have decided (as I am losing track of files ) To start my CCA's etc from scratch. I have been posting in another part of the forum and I wonder now If I should have been posting directly into this part of the forum for each lender.. Seems sense to me, but no one has moved my threads

 

Just want to get it right from the off

 

Thanks

[julian1968]

Thanks Scott

 

They do look ok to me but better safe than sorry aye

 

Im off to open a Photobucket account then

[saintly_1]

If you want your threads moved here just ask

[cerberusalert]

If they haven't returned your CCA within 12 + 2 days you can stop paying them yes. The account becomes 'In Dispute' and they cannot lawfully continue collection until they prove that they have an enforcable agreement.

[julian1968]

Thanks for the offer Saintly, That won't be needed

 

Just want to put my future threads in the best forums for use

[cerberusalert]

If you use TinyPic - Free Image Hosting, Photo Sharing & Video Hosting you don't need to open an account.

[julian1968]

Thanks cerberusalert

 

That raises a few new questions, Point me to threads if you can

 

1) If the CCA is not provided and so I want to stop paying, Do I inform them of this fact?

 

2) What happens if in the future they do provide a CCA, Do I then have to repay all missed payments, Plus interest?

 

3) Is the disputed account placed on hold while CCA's are provided (payments and interest frozen)?

 

4) If the account is placed in dispute, what are the next steps, do I apply to lender to write off debt

 

5) Does my credit file show an account in dispute?

 

Thanks again

[cerberusalert]

1) If the CCA is not provided and so I want to stop paying, Do I inform them of this fact?

No, you don't have to unless they contact you again. If they do just send the 'In Dispute' letter.

 

2) What happens if in the future they do provide a CCA, Do I then have to repay all missed payments, Plus interest?

 

No, you don't. If they don't produce it within 6 years of your last payment, it then becomes 'Statute Barred'. (5yrs in Scotland)

 

[/3) Is the disputed account placed on hold while CCA's are provided (payments and interest frozen)?QUOTE]

 

Everything is put on hold yes.

 

4) If the account is placed in dispute, what are the next steps, do I apply to lender to write off debt

The debt still exists, it's just unenforcable.

 

5) Does my credit file show an account in dispute?

No, any defaults will remain until they either drop off or the CCA can be proven to be unenforcable. Even then it's a fight to get them removed.

[julian1968]

Thanks again

 

Just to come back to the credit file matter. If the CCA is not produced and payments are stopped - How is this recorded on my credit file do I just rack up defaults from then on, or no further entries made while matter resolved

[cerberusalert]

Thanks again

 

Just to come back to the credit file matter. If the CCA is not produced and payments are stopped - How is this recorded on my credit file do I just rack up defaults from then on, or no further entries made while matter resolved

 

 

They cannot continue to process your data. Besides, they can only register one default.

[julian1968]

Great and thanks again for your time

[Scooby_Doo2]

Be wary of claims companies - remember why they are soliciting you for their services.... for you to pay them a fee!

 

The real question is, what are you unhappy about with your current or previous mortgage? If you feel something was done inappropriately, take the matter up with the company directly.

 

From my experience, claims management companies are often sales companies who have limited knowledge of regulatory rules and processes. If you have a genuine grievance, there are plenty of people on CAG who can tell you what's not right and how to fix it.

[julian1968]

Thanks everyone

 

I have now decided not to use the services of any such claims company, rather, I will be making any claims myself with the help of this forum

 

Let the games begin

[UMF]

Do not post for commercial gain

Edited January 8, 2009 by jonni2bad

[felixfly]

Hi UMF

 

I have seen your site and i may ask you to audit my loan. (See Welcome finance problems thread in this section). I just wondered whether you would take on a loan that had already had the SAR sent out and after having nothing received has just gone into default. How would you then proceed after this stage? Would you still advise me if it went to court? Also why do you only accept credit card accounts that are over £5000? I would have thought most were around the £2500 to £5000 area.

 

Regards

 

Felix

[ReasonableRon]

UMF is there any reason why you seem to think that the site rules about the posting of commercial links do not apply to you?

[julian1968]

Some of the things this company are likely to be looking at are in this thread link here - secret commissions, broker fees, PPI etc..

 

Would you PM me and tell me who the company are please?

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within-new-post.html

 

Thanks Elizabeth

 

I have been through my Sar's information supplied to me by my old lender (Mortgages PLC)

 

I note in my offer of advance (in small print) it is stated that an introductory fee based on a % of gross loan will be paid to my financial adviser)

 

I was never told this and I have no info in the Sar's of what this fee was

 

Is there any recourse for me with this either as secret commision or broker fee's

 

Thanks

[Scooby_Doo2]

Thanks Elizabeth

 

I have been through my Subject Access Request's information supplied to me by my old lender (Mortgages PLC)

 

I note in my offer of advance (in small print) it is stated that an introductory fee based on a % of gross loan will be paid to my financial adviser)

 

I was never told this and I have no info in the Subject Access Request's of what this fee was

 

Is there any recourse for me with this either as secret commision or broker fee's

 

Thanks

 

When a mortgage broker gives advice on a regulated mortgage contract, there are documents that must be provided to you to ensure everything is transparent and that you know the key terms and conditions of the product you are applying for before you sign on the dotted line.

 

A document called the Key Features Illustration (KFI) is issued by the broker at point of sale and should detail all aspects of the contract in accordance with the regulations. When the application has been received and underwritten by the lender, you then get a formal mortgage offer in the same format with the same information.

 

The KFI and the mortgage offer should detail any parties that benefit from any commissions or fees. Usually that's your broker and maybe a mortgage packager (an admin company that does the paperwork for your broker).

 

If your mortgage offer details that a fee or commission will be payable to your broker as a percentage of the gross loan amount, then that would imply that is was disclosed to you before you entered into the agreement.

 

What aspect of the product or service from your previous lender are you unhappy with and looking to complain about?