2nd Charge**WON**

[Ladidi]

Hiya Ell-enn

 

Need your advise on something. You know we have been making payments to the 2nd charge since February and we are all paid up and they have even told us we are in credit..OMG to the nice princely sum of £6. and a few pence

 

Well they have not been updating our credit files, they have been showing when they have received monies that payments are missed :o and not only that we only owe them £13,570 and stupid as it is we got this on interest only with the intention of paying this off when we remortgaged to pay this off, if you know what I mean. Well the payments for this should only be £193.00 and on our credit files they have us down as supposedly paying £1126 per month times that over the length of the full loan period and we are paying them back well over £300k!!!!! This information is not correct!!!!!!!

 

Me and hubby feel that due to this incorrect information that is why we are being refused credit elsewhere as it looks as if we are paying out all of our income on 2 debts with nothing to live on, so they are denying us this basis..that what we think anyway, we could be wrong.

 

Is there anything we can do about this? Can we report this company for filing incorrect information? If we can who do we report them too? I have taken a copy of the area of our credit report and we intend to be showing this to the Judge next week

 

The solicitors going to wish she called in sick by the time we are finished with them and the judge

[pt2537]

Hi there,

 

If the data on your credit file is clearly incorrect, then you have the right to have it corrected

 

in the first instance, i would suggest that you write to the company informing them of the errors on your credit file and ask that they put it right within 14 days.i would highlight that they are in breach of the Data Protection Act 1998 as it stands and that if they do not rectify the data on your credit file with immediate effect to show an accurate account you will consider a complaint to the ICO and take legal advice with a view to litigation to have the data removed and consideration to any damages that you have suffered as a result

 

send the letter via special delivery and i would suggest that you send a letter to the credit Reference agency, with a photocopy of any documents that you have to support your arguement as the credit reference agency has a duty to ensure the data they are sharing is correct too

 

i hope this helps

 

Regards

paul

[Ladidi]

Hi Paul,

 

Many thanks for your reply. I have spoken to the company today and their response was go and talk to citizens advice as this is nothing to do with them as they dont know anything about credit files!!!!!!

 

I said are you not a responsible financial intitution and also responsible to FSA guidlines as well Council Of Mortgage Lenders??? Then you will be awre that you have a duty to report accurately what you put on the customers credit files!!

 

She again said nothing to do with us please go and see Citizens advice. I then demanded a manager, she said there was not one available. I am trying to help you. Can you send me a copy of your credit files? I said you have got no chance, you have made a mess of my accounts, no way am i giving you my credit files.

 

I said tell you what,I am in court with your company on Wednesday, I`ll take it with me to court and we will see what the judge has to say!!! And when I'm done there I am reportingyou to the FSA and CML. And anyone else I can think of and then I will read about this company being severly fined and reprimanded for their shabby dealings and record keeping..

[pt2537]

i think that you need to do this in writing, telephone calls can be disputed

 

the ico would require proof that you have addressed this to them as would the FSA and CML so go down the written route

 

then if they dont respond favourably slap a complaint in to the ICO,FSA and CML and i would also raise this with the Credit Reference agency which is holding incorrect info too

[Ladidi]

Hi Paul,

 

The lady I spoke to made a point of putting a note onto my files stating that I rang in re credit files. She also said, requested credit files to help with but this was refused. I said your damn right I`m refusing you my credit files! She kept saying we need a copy of what your looking at so we can help you!! I then argued, I thought you said you dont know anything about credit files and that it was ME who puts the information onto my files! She then said well it is not us!! :o

I figure I`ll let the judge go to town with their so called solicitor on Wednesday with all their shabby paperwork and dealings!!! Then they will be forced to put everything right by order of the Judge and that will be done with immediate effect

[Ladidi]

2 days to go...Roll on Wednesday, I cant wait to have this company in court

 

I am hoping and praying the Judge will see things our way and also order compensation payout due to shabby handling of records and also due to distress caused by their failings as company as whole..Also due to their errors on our credit files making it difficult for us to obtain a remortgage!!!

[Ladidi]

As Ronan Keating once sang "If tomorrow never comes" would the mortgage company know how much they owe me?

 

I am set and prepared, have done some last minute preparations and found out about the mortgage company thanks to this very site and many thanks to Ell-enn too for sending my the Q27 section that I needed to file and fill in blanks and also for a very lenghty chat on BT

 

I am hoping the Judge will see things my way with the all the information submitted and see that the solicitors acting for the mortgage company have failed in their duty of obtaining up to date information on behalf of their clients and also for undue pressure aggrevation and distress fromt he mortgage company themselves and pay me a nice handsome compensation cheque Well a girl can dream cant she

[louise1111]

just wanted to say good luck!

[Ladidi]

Thanks for that louise

 

I'm hoping I can persuade the Judge to start making these mortgage companies think twice before insisting on having people in court and threatening to take their homes especially when they have agreed plans in place and have not been breached and all they are doing is increasing a person debts which need not be when they are the ones who make the offers!!

[Ladidi]

I have a question. As my previous posts have stated my 2nd charge and their solicitors have messed up big time. How can I word this politely to the Judge for tomorrow in a way of asking him/her to order compensation for distress/loss of earnings and time on dealing with the matter and telephone calls etc..

 

I feel they should be ordered to pay me something, after all when the boots on the other foot they make us pay through their extortionate charges

[Ladidi]

CASE DISMISSED!!! We won No one for the other side bothered to turn up at court.

[pt2537]

WHOOOOOOOOOOOOO HOOOOOOOOOOO CONGRATS

 

Great result,

 

ive changed the thread title to reflect

[Ell-enn]

That's brilliant! told you they wouldn't turn up;)

 

Ell x

[Ladidi]

Thanks

 

our concerns are now how to get our lost money back fortime off work, distress, unnecessary aggrevation etc. The Judge would not order our costs to be passed to the other side as said he did not have the power to do this. He did advise that we get int ouch with teh Council for Mortgage Lenders and the FSA.

 

To be honest he didn't care about all the work and effort that went into our case and for the fact they had made serious errors. His only concern was did we still owe them arrears. We said NO, so case dismissed and we still have to pay their legal costs when they dont even bother to turn up at court!!!!

[Ell-enn]

Just out of interest - did the judge have anything to say about the case?

[Ladidi]

Not a damn thing, all he would say he has no powers to rule that the other side pay all costs as part of mortgage agreement is if you default they take you to court you pay!..He didn't even bother to take a look at all the new information we took in, he just glanced put it down and asked is there arrears owing still? We said NO! He said case dismissed! Good bye and to take up our grieviances with the FSA and CML...Oh and you still have to pay for their costs which get added to your mortgage!! I was livid but nothing I could do except leave!!! as the Judge was not going to budge or be sympathetic to fact that the company screwd up and so did their solicitors!!

 

I thought it was disgusting!! But nothing we could do!! I got the impression the Judge didn't care one iota and was not even concerned they didn't bother to turn up!!

 

As the duty solicitor put it, its like you on a supermarket converyor belt, you in and out within mins as he has to deal with 20 cases an hour!!!

[Bona]

Wait and see what costs they put on they have to be reasonable

[Ladidi]

We already know the answer £150 court costs and £560 their soicitor costs!

[Ladidi]

Hi Ell-enn,

 

I thought I would give you an update, I have contacted FOS and they are writing to the company, they advised I have to give them 8 weeks to come up with a respectable reply before I can send them any paperwork.

 

I contacted the complaints person who was dealing with the complaint and she had said she found the complaint in our favour, although she stated she had sent a letter to us, I informed her I have not received anything as such. She is resending them. She informed me that she has removed the court costs from our account (yesterdays court costs) and said she would be offering us £75 as a gesture of goodwill for inconvienece caused, by then I had broke down in tears it was too much and I told her how I felt about the company and the undue distress caused and the fact they still proceeded with the court case which was dismissed and that no one from the other side bothered to turn up and that there was NO arrears and the undue distress when we had adhered to their payment plan. She said she is going to review everything and get back to me in the next 7 - 10 days.

 

I even informed her about the fact they messed up our credit files and the information on there being incorrect and how their collegue informed us WE put the information on there and not the company! and she requested a copy of our credit file and i informed her that the company had made such a mess of our account and the court action there was no way I way I was going to give them my credit files.

 

More to follow no doubt..wish I could laugh but all I want to do is cry!!