I wish to raise a complaint with Santander in respect to what I consider to be unfair treatment, and immorally wrong whether legal or not.
11.06.2013 I received a letter from the litigants acting on behalf of Santander, known as HL Interactive Solicitors
The letter received was dated as sent on the 10.06.2013 and advised me that the firm was acting on Santanders behalf and required me to make contact with HL's offices within seven days from the date shown on the letter. The date shown being 10.06.2013. The letter went on to advise that HL wished to discuss the arrears outstanding on the mortgage account and options available to prevent repossession action being taken. That if no communication is received by the 17.06.2013 further litigation action may be taken!!
Having raised subject data requests with the business requesting recording of telephone conversation held with the agent to no avail and the fos also unable to obtain any due to length of time no longer being available, I was worried if I phoned the business that going by past experience of this firm that my contact would go unrecorded
i responded via email on the 12.06.2013 at 7:06am. My response to the business was as followed:
Given that you have provided me only 3 working days to contact your business, provided limited details in order to discuss the status of the account. I ask in order to discuss this matter further that
You kindly provide me with the following
(1) the current FSA information sheet on mortgage arrears;
(2) a list of the due payments either missed or only paid in part;
(3) the total sum of the payment shortfall;
(4) the charges incurred as a result of the payment shortfall;
(5) the total outstanding debt, excluding charges that may be added on redemption; and
(6) an indication of the nature (and where possible the level) of charges that I have incurred and am likely to incur unless the payment shortfall is cleared.
(7) the outstanding arrears balance and capital balance minus any interest in arrears levied, littagation fees levied, sol's cost, court costs and any amounts added to the capital balance and arrears balance in order for a clear understanding of exactly how much of the balance shown on the mortgage financial statements is what is outstanding and is charges etc. A question previously requested some 12 months ago and still not provided
(8) provide a statement, in a durable medium, of the payments due, the actual payment shortfall, any charges incurred and the total outstanding debt excluding any charges that may be added on redemption, together with information as to the consequences, including repossession, if the payment shortfall is not cleared.
(9) provide a written update of the information required by MCOB 13.4.1 R(2), (3), (4), (5) and (6);
(10) clearly state the action that will be taken should the property be repossessed
(11) a statement of charges levied to the account since 2008
(12) the person whom will be my point of contact in relation to my account. What there name is and position within the firm
(13) Options available as noted in your communication to prevent repossession action taking place
(14) details relating to voluntary giving possession
I received a response which stated that they have tried to make their responses easy to understand, by reproducing my request in bold and our response in italic. Heading have also been placed in bold towards the end of the letter regarding some concerns about the condition of the property
we consider that the current FSA information sheet on mortgage arrears was only required to be provided initially and HL sent this info before proceedings started, the most recent being the 3rd march 2011
in relation to my request for details of due payments missed or only paid in part, the total sum of any shortfall, the charges incurred as a result of payment shortfall, the total outstanding debt, excluding charges that may be added on redemption and an indication of the possible charges that I may incur and or am likely to Incurr, this information was only required to be provided initially. However a statement of account has been produced and attached. ( No data attached!!)
The arrears on the account total £6866.49. The current monthly payment is £359.40
the entire balance that is due under the mortgage is £91,299.42 this figure is not the full redemption required to redeem the mortgage
The legal costs which have not been invoiced but are likely to be added to your mortgage account are estimated to be £750 and it is likely these will increase to £1200 under the terms of the mortgage agreement the claim ent is entitled to add costs incurred in pursuing this legal action. I have explained below some concerns in relation to the property and this is part of the reason for the legal charges!!! The Soliciters costs of dealing with this matter now are charged at £125 plus cat per hour!!!!!
mAny additional work which is required for example preparing for application hearings is charges at this rate with expenses such as agents costs of attendance at hearings
My request for the outstanding arrears balance, capital balance minus arrears and any interest in arrears levied, litigation fees levied, sol's fees levied court costs and any amount added to the capital balance and arrears balance in order for a clear understanding of exactly how much the amount showing on the financial mortgage statement as outstanding and is charges was requested 12 months ago "never to this date received!!" Is believed to have formed part of the tge issues raised with the fos and refused to be looked at by the fos as needed to be raised as a seller are complaint, is finalised so we will not provide further information on this matter ??!! What??
your request for info in a durable medium seems to be a repeat if the info requested above so as seems to be a repeat will not respond to
to the request for a written update of the info required by MCOBS 13.4.1 R(2) (3) (4) (5) & (6) would appear to be a repeat of info requested which is stated as having been referred to??
In order to make a payment arrangement we will need details of income and expenditure it may be to make a payment arrangement with you for the arrears to be paid off monthly separately, which are paid in addition to the current monthly mortgage payments due
it may be possable for the claimant to consider other options such as term extension and capitalisation however as some additional information has come to light regarding the condition of the mortgaged property and this effects the value of the claimants security, the claimants would consider its ability to recover the full sum owed under the mortgage in the context of any long term arrangements
if you have proposals to clear the entire mortgage this would be considered
concerns regarding property !!!!
We understand that the property is currently unoccupied and that their is a dispute with the neighbour regarding a rat infestation!!! In the property and the fencing . Our client is concerned as to the effect this may have on the property and accordingly await your confirmation regarding these repairs being carried out or you grant the council permission as required to deal with the infestation
In the circumstances we are arranging a drive by/desk top valuation of the property put client may wish to take further action in relation to these additional breeches in the term and conditions of the mortgage arrangement we remain instructed to commence warrant proceedings and as no proposals have been received to clear the arrears or full balance under the mortgage agreement we are continuing with warrant action
In response to this information and visiting the mortgaged property following contact from the neighbour advising that the police had been called as lads had been on the back garden ripping up the decking!!
When we got to the property the new tenants were also there and we were met by the neighbour .Having read the letter from HL the first question asked was is it right we have rats? Please note two years previous we had had rats as a result of the houses being built on floating bases or something such like which enabled in the winter rats to dig down and get straight into the straw walls of the houses. Adjoined to my neighbour they had buried under her kitchen some years ago and were tunnelling between our lift space and the neighbours. The problem was resolved by the council and as my neighbour since the last tenant having a car we or they have had no such problem since
my neighbour went on to say a few weeks she sore a man pull up in front of the house, walked around the front and took photos of the rooms and then climbed over the gate and opened it into the back garden to take further pictures. This man then knocked on her door and advised her that he represented the mortgage company and did she have contact with the owner or no the were abouts and further went in to ask about any problems etc
my neighbour told the man we had had problems with rats some years ago but haven't had a problem since, that one if the fence panels in the garden is damaged however being an adjoining fence we were in discussions to have a new fence put up and share the cost between us. My neighbour has actually provided a statement for us and this includes the car number plate. The fact that the gate was left open further led to the damage and police being called
Upon contacting HL we were furious at their inaccurate allegations and the security of our personal sensitive data but received little re responses w e sent further communications asking HL to provide us with 4 weeks allowing us to seek legal advise and financial advise before arranging a suitable repayment but the business refused this and issued the warrant further leading to my tenants refusing to pay their rent having already been given two months to find some were granted a further two months and not paying a penny as state we breached our tenancy agreement the lender when questioned over previous conversations with the tenants and all ready having had two months and now had been given a further two months was advised to me that discussions with the tenant and HL have nothing to do with me. Please please help as my last statement shows £900 levied for fees surely this can't be allowed
11.06.2013 I received a letter from the litigants acting on behalf of Santander, known as HL Interactive Solicitors
The letter received was dated as sent on the 10.06.2013 and advised me that the firm was acting on Santanders behalf and required me to make contact with HL's offices within seven days from the date shown on the letter. The date shown being 10.06.2013. The letter went on to advise that HL wished to discuss the arrears outstanding on the mortgage account and options available to prevent repossession action being taken. That if no communication is received by the 17.06.2013 further litigation action may be taken!!
Having raised subject data requests with the business requesting recording of telephone conversation held with the agent to no avail and the fos also unable to obtain any due to length of time no longer being available, I was worried if I phoned the business that going by past experience of this firm that my contact would go unrecorded
i responded via email on the 12.06.2013 at 7:06am. My response to the business was as followed:
Given that you have provided me only 3 working days to contact your business, provided limited details in order to discuss the status of the account. I ask in order to discuss this matter further that
You kindly provide me with the following
(1) the current FSA information sheet on mortgage arrears;
(2) a list of the due payments either missed or only paid in part;
(3) the total sum of the payment shortfall;
(4) the charges incurred as a result of the payment shortfall;
(5) the total outstanding debt, excluding charges that may be added on redemption; and
(6) an indication of the nature (and where possible the level) of charges that I have incurred and am likely to incur unless the payment shortfall is cleared.
(7) the outstanding arrears balance and capital balance minus any interest in arrears levied, littagation fees levied, sol's cost, court costs and any amounts added to the capital balance and arrears balance in order for a clear understanding of exactly how much of the balance shown on the mortgage financial statements is what is outstanding and is charges etc. A question previously requested some 12 months ago and still not provided
(8) provide a statement, in a durable medium, of the payments due, the actual payment shortfall, any charges incurred and the total outstanding debt excluding any charges that may be added on redemption, together with information as to the consequences, including repossession, if the payment shortfall is not cleared.
(9) provide a written update of the information required by MCOB 13.4.1 R(2), (3), (4), (5) and (6);
(10) clearly state the action that will be taken should the property be repossessed
(11) a statement of charges levied to the account since 2008
(12) the person whom will be my point of contact in relation to my account. What there name is and position within the firm
(13) Options available as noted in your communication to prevent repossession action taking place
(14) details relating to voluntary giving possession
I received a response which stated that they have tried to make their responses easy to understand, by reproducing my request in bold and our response in italic. Heading have also been placed in bold towards the end of the letter regarding some concerns about the condition of the property
we consider that the current FSA information sheet on mortgage arrears was only required to be provided initially and HL sent this info before proceedings started, the most recent being the 3rd march 2011
in relation to my request for details of due payments missed or only paid in part, the total sum of any shortfall, the charges incurred as a result of payment shortfall, the total outstanding debt, excluding charges that may be added on redemption and an indication of the possible charges that I may incur and or am likely to Incurr, this information was only required to be provided initially. However a statement of account has been produced and attached. ( No data attached!!)
The arrears on the account total £6866.49. The current monthly payment is £359.40
the entire balance that is due under the mortgage is £91,299.42 this figure is not the full redemption required to redeem the mortgage
The legal costs which have not been invoiced but are likely to be added to your mortgage account are estimated to be £750 and it is likely these will increase to £1200 under the terms of the mortgage agreement the claim ent is entitled to add costs incurred in pursuing this legal action. I have explained below some concerns in relation to the property and this is part of the reason for the legal charges!!! The Soliciters costs of dealing with this matter now are charged at £125 plus cat per hour!!!!!
mAny additional work which is required for example preparing for application hearings is charges at this rate with expenses such as agents costs of attendance at hearings
My request for the outstanding arrears balance, capital balance minus arrears and any interest in arrears levied, litigation fees levied, sol's fees levied court costs and any amount added to the capital balance and arrears balance in order for a clear understanding of exactly how much the amount showing on the financial mortgage statement as outstanding and is charges was requested 12 months ago "never to this date received!!" Is believed to have formed part of the tge issues raised with the fos and refused to be looked at by the fos as needed to be raised as a seller are complaint, is finalised so we will not provide further information on this matter ??!! What??
your request for info in a durable medium seems to be a repeat if the info requested above so as seems to be a repeat will not respond to
to the request for a written update of the info required by MCOBS 13.4.1 R(2) (3) (4) (5) & (6) would appear to be a repeat of info requested which is stated as having been referred to??
In order to make a payment arrangement we will need details of income and expenditure it may be to make a payment arrangement with you for the arrears to be paid off monthly separately, which are paid in addition to the current monthly mortgage payments due
it may be possable for the claimant to consider other options such as term extension and capitalisation however as some additional information has come to light regarding the condition of the mortgaged property and this effects the value of the claimants security, the claimants would consider its ability to recover the full sum owed under the mortgage in the context of any long term arrangements
if you have proposals to clear the entire mortgage this would be considered
concerns regarding property !!!!
We understand that the property is currently unoccupied and that their is a dispute with the neighbour regarding a rat infestation!!! In the property and the fencing . Our client is concerned as to the effect this may have on the property and accordingly await your confirmation regarding these repairs being carried out or you grant the council permission as required to deal with the infestation
In the circumstances we are arranging a drive by/desk top valuation of the property put client may wish to take further action in relation to these additional breeches in the term and conditions of the mortgage arrangement we remain instructed to commence warrant proceedings and as no proposals have been received to clear the arrears or full balance under the mortgage agreement we are continuing with warrant action
In response to this information and visiting the mortgaged property following contact from the neighbour advising that the police had been called as lads had been on the back garden ripping up the decking!!
When we got to the property the new tenants were also there and we were met by the neighbour .Having read the letter from HL the first question asked was is it right we have rats? Please note two years previous we had had rats as a result of the houses being built on floating bases or something such like which enabled in the winter rats to dig down and get straight into the straw walls of the houses. Adjoined to my neighbour they had buried under her kitchen some years ago and were tunnelling between our lift space and the neighbours. The problem was resolved by the council and as my neighbour since the last tenant having a car we or they have had no such problem since
my neighbour went on to say a few weeks she sore a man pull up in front of the house, walked around the front and took photos of the rooms and then climbed over the gate and opened it into the back garden to take further pictures. This man then knocked on her door and advised her that he represented the mortgage company and did she have contact with the owner or no the were abouts and further went in to ask about any problems etc
my neighbour told the man we had had problems with rats some years ago but haven't had a problem since, that one if the fence panels in the garden is damaged however being an adjoining fence we were in discussions to have a new fence put up and share the cost between us. My neighbour has actually provided a statement for us and this includes the car number plate. The fact that the gate was left open further led to the damage and police being called
Upon contacting HL we were furious at their inaccurate allegations and the security of our personal sensitive data but received little re responses w e sent further communications asking HL to provide us with 4 weeks allowing us to seek legal advise and financial advise before arranging a suitable repayment but the business refused this and issued the warrant further leading to my tenants refusing to pay their rent having already been given two months to find some were granted a further two months and not paying a penny as state we breached our tenancy agreement the lender when questioned over previous conversations with the tenants and all ready having had two months and now had been given a further two months was advised to me that discussions with the tenant and HL have nothing to do with me. Please please help as my last statement shows £900 levied for fees surely this can't be allowed
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