hi i need some urgent help and advice pls due to be evicted

[Spent2much]

Re: hi i need some urgent help and advice pls

hi thanks for your kind words and support i just hope with the help of everyone here , the letters i will be sending them have some impact on them i cant wait to see the last of them and just get my life back instead of looking at my wife and kids all the time and thinking whats going to happen to them.

ive also contacted some well known solicitors today who deal and specialise with Consumer & housing disputes. ive sent them the agreement and also got a meeting booked on monday afternoon with them to go through all the paperwork and contract etc. if they say there is a chance to challenge the charges and rates etc ill be letting them deal with it too

well that sounds promising, i will keep my fingers crossed that the contract has something in it to challenge this horrible company . Keep strong i know i can't offer any help but i am here right behind you

[transformer999]

Re: hi i need some urgent help and advice pls

Yes that is some good news....I was wandering as this loan is not with Blemain.....were Harpmanor using Monarch Recoveries to chase your arrears jimmyq?

I know that Blemain used to use MR....and wanted to see what the connection between Harp & MR was?

[jimmyq]

Re: hi i need some urgent help and advice pls

Yes that is some good news....I was wandering as this loan is not with Blemain.....were Harpmanor using Monarch Recoveries to chase your arrears jimmyq?

I know that Blemain used to use MR....and wanted to see what the connection between Harp & MR was?

hi yes they were using monarch at first then stopped ive had letters from blemain and monarch kept them safe and still have them.

when i wrote to harpmanor last year at the end of the letter it said i may contact the FLA to complain. But ive spoke to the fla they are saying they dont regulate harpmanor limited but do regulate blemain limited

i want to write to crystal mortgages who got me this loan so i need help with writing to them asking them how they gave me this loan and what proof of income they had etc this is my first step?

[transformer999]

Re: hi i need some urgent help and advice pls

Well at first crystal mortgages must have given you paperwork and an application form to fill out? right?

Also you must have filled in a form "DECLARATION OF INCOME & AFFORDABILITY"?

If you were self-employed when you took out the loan did you provide proof of earnings? did the forms and application you filled require you to submit proof of income and if so did you?

If you did not supply proof of earnings and no one requested you to disclose them...what amount did you state you were earning when you applied for the loan?

The reason being yes I agree that lenders and creditors can be swines...but if you were asked to prove what you wrote would you be able to supply this information?

Sorry for all these questions but you will need to get all this information together as it will help your case if things go far.

Reason I say this yes you have a right to ask what proof of income they had....but the same could be asked of you....so whatever you wrote on the application for or declared what you earned will all have to be looked in to.

Not trying to throw any cats amongst the pigeons here....but after all I have been through it is better to know every detail inside out before going full steam ahead.

This is of course just my opinion....anyone can say if it is not of use to the OP case

[PlanB]

Re: hi i need some urgent help and advice pls

Jimmy I think you should hold fire on any letter writing while the CAB are guiding you becauase they are thoroughly trained in these matters. Post up their letters for our comments though.

I expect they will be asking questions not making accusations or allegations in the first instance. For example "Please provide me with a copy of my application form" is better than "Why the f*ck did you lend me all that money when you knew I didn't earn enough?" Do you see the difference

The plan is to get them to provide the rope which you will use to hang them with later Don't let them know which way you are thinking just yet especially while you're waiting to get that possession order cancelled hopefully in a few days

It seems obvious to me that you should be sending Harpmanor a SAR to get your whole file. That way you will know everything they have including notes on your call log, internal emails and correspondence between all involved (Crystal Mortgages, Blemain and Monarch Recoveries if related) which will help the CAB progress this for you.

I'll be back with the link to the AAD SAR Template letter when I can find it

Here it is: http://www.all-about-debt.co.uk/temp...lity/s3-t6.php


* I had a little help from the Link Fairy in her lunch hour

[PlanB]

Re: hi i need some urgent help and advice pls

The reason being yes I agree that lenders and creditors can be swines...but if you were asked to prove what you wrote would you be able to supply this information?

Perhaps at this stage of the fact finding the onus is on the lender to provide the information on which it based its decisions and not Jimmy. And again this may only be relevant if he's going down the Irresponsible Lending route to be used as a defence and/or counterclaim in any possession proceedings against him. Hopefully that won't happen again once he's got the old possession order cancelled (because all those arrears have been paid) so there will be no outstanding legal proceedings.

It looks as if CAB's first approach is on the Unfair Charges angle. The lender has to provide the information (T & Cs etc) which they have used to calculate these massive charges (eg £28k renewal fees ).

No two cases are the same and if I remember rightly your one was based around allegations of fraudulant signatures etc which is probably why you were asked to provide copies of what you did/didn't sign at the application stage. Jimmy hasn't got to prove anything yet, but Harpmanor certainly has to justify its actions

[PlanB]

Re: hi i need some urgent help and advice pls

Have saved you the trouble as you are busy helping Jimmy!
Our Templates | Unenforceability Templates | Subject Access (SAR) - Advanced Request

I'll soon get the hang of this

[Never-In-Doubt]

Re: hi i need some urgent help and advice pls

I'll soon get the hang of this

2 years later

[PlanB]

Re: hi i need some urgent help and advice pls

2 years later

You just enjoy watching me suffer

[jimmyq]

Re: hi i need some urgent help and advice pls

this is a copy of the letter body

Please treat this letter under the first stage of your formal complaints procedure.


As you will be aware i have previously raised a complaint about the amount of charges being applied to my account.
I have now sought further advice from various agencies, as a result i write to make an additional complaint which was not covered in the first instance.


In the terms and conditions of the contract i have with you there is no mention of 'ADD Renewal fees' however when i check the statements that you have sent i am getting charged in excess of £26000 for this. please can you refer me to where this clause and amount is in the original agreement i have with you ?

Furthermore i have been charged in the excess of £8000 for your administrive costs which i find excessive and you have also charged an 'exit fee' please confirm why this has been applied at the present time? The amount is quite substantial at £2047 and i would like a breakdown of why this has been charged ? i would also like a detailed breakdown of all these charges and why it costs your company this much


I believe the contract has unfair and excessive interest terms and conditions which were not explained to me when i took the agreement out with you . it was not made clear what costs i would be incurring as a result of the agreement not ending when it should.

The advice i was given and that is stated in the contract is that i would be charged 5% interest on the total debt i have left with you if i cannot complete the payment within the time limit-even if the balance is added to the original debt it does not amount to what you have been charging me so i believe i have been miss-sold this loan.


I am in the process of obtaining legal advice and taking this complaint further.

As mentioned above you have previously given a final response in relation to my other issues with this agreement and it took you 16 weeks to reply to me. I ask that you also investigate and give a response to the matter mentioned herein and reply to me within the next 7 working days

[PlanB]

Re: hi i need some urgent help and advice pls

That's a damn good letter The CAB certainly know what they are doing It's asking all the right questions without revealing what you'll be doing with the answers

You may want to postpone your meeting with that solicitor on Monday for another week or two until you have something extra to say depending on Harpmanor's response.

It's all going in the right direction for you now

[jimmyq]

Re: hi i need some urgent help and advice pls

CAB have wrote me the same letter for both haprmanor limited and their legal team. I need to write to crystal Mortgages too as far as i can remember i did'nt supply them with any proof of income etc they sorted it all out for me a to z so can someone please draught me something up for them too please?

as for the solicitors i have a telephone appointment with them on monday. ive already sent them the contract etc so they will discuss and go through it with me and see if theres anything to challenge on the contract etc

ive printed off the SAR Template so thats ready i will post them all recorded delivery on monday. i dont want to waste time with these a*seholes as they will be adding another 5% to my loan in 2 weeks time

[jimmyq]

Re: hi i need some urgent help and advice pls

maybe paul can add something if he has some time to do so? or some input from him will be appreciated the more brains the merrier. once again thanks to all of you supporting and helping me and family in this situation its much appreciated

[jimmyq]

Re: hi i need some urgent help and advice pls

Well at first crystal mortgages must have given you paperwork and an application form to fill out? right?

Also you must have filled in a form "DECLARATION OF INCOME & AFFORDABILITY"?

If you were self-employed when you took out the loan did you provide proof of earnings? did the forms and application you filled require you to submit proof of income and if so did you?

If you did not supply proof of earnings and no one requested you to disclose them...what amount did you state you were earning when you applied for the loan?

The reason being yes I agree that lenders and creditors can be swines...but if you were asked to prove what you wrote would you be able to supply this information?

Sorry for all these questions but you will need to get all this information together as it will help your case if things go far.

Reason I say this yes you have a right to ask what proof of income they had....but the same could be asked of you....so whatever you wrote on the application for or declared what you earned will all have to be looked in to.

Not trying to throw any cats amongst the pigeons here....but after all I have been through it is better to know every detail inside out before going full steam ahead.

This is of course just my opinion....anyone can say if it is not of use to the OP case

to be honest i have a bad memory and cant remember what i gave them but as far as i can remember i did'nt and they just did it all for me

if not shall i just ask them for a copy of the original application and supporting documents ? then take it from there ?

[PlanB]

Re: hi i need some urgent help and advice pls

CAB have wrote me the same letter for both haprmanor limited and their legal team. I need to write to crystal Mortgages too as far as i can remember i did'nt supply them with any proof of income etc they sorted it all out for me a to z so can someone please draught me something up for them too please?

ive printed off the SAR Template so thats ready i will post them all recorded delivery on monday. i dont want to waste time with these a*seholes as they will be adding another 5% to my loan in 2 weeks time

If the CAB has suggested that you should write the same letter to more than one company it'll probably be because they're trying to flush out who exactly should take legal responsibility for providing you with the loan in the first place That firm will be the target of any dispute or legal claim in future.

Have you got the KFI (Key Facts Illustration) document in your file from Crystal Mortgages by any chance? This is a document which sets out the important key facts () of your loan which is a compulsory document to be given in advance to any borrower under FSA rules.