Extended Mortgage term and Buildings Insurance Premiums.

[Guest]

"seek legal advice" they said.............. so i did. "Unfortunately, this is not something we would be able to assist you with" is the short answer.
I realise this will go down like a lead balloon here. I've come to understand how it all works.

This answer threw me into confusion , self doubt..etc... I was so certain, so cocksure i'd found out that failure to comply with S82 CCA74 would render the agreement invalid. "Good Luck" was the best legal advice i've recieved so far. I've had nine months or more of research, sleepless nights, learning about regulations and doing calculations i'd never thought i'd of had to do. So i re valued everything. I came to the conclusion that keeping a claim simple was best. Keeping it cheaper was even better, and after all a court could order higher than what i was claiming under its own volition if it found facts where true and warranted. I still feel that failure to comply with S82 is a binary question..........they complied or they didn't. And if they didn't comply the agreement could not take effect......."unless". I'm not dettered by anyone else dithering over the matter, i'm just gonna do my thing. So i researched more, i want to dot the "i"'s and cross the "t"'s. I've still no reply to my pre claim, and i've still no response to my CCA request for agreement and statement of account. I rang them up again on Friday 22nd July, and they assured me my request had been sent out and i will get it in next few days..............

I come to the conclusion that for me to take them to court i need to be concise and realistic in what i am asking. Also keep it within the small claims, so if i lost i would incur no costs other than my own court expenses. So in essence if i alleged S140 (unfair relationship), by way of them unilaterally varying the agreement without notice, brushing off my queries over the same etc. And was to maintain that my agreement should of and could of ended in 2014, then everything paid after 2014 i would like returned to me circa £8/9 K . I think that is realistically achieavable, without "luck " or "assistance".

In an S140 CCA claim the onus is on the creditor to prove the relationship is NOT unfair. In my case, they have unilaterally varied the agreement without my knowledge, which is actually prohibitted from happening , then they've a hard task ahead of them selves.

For myself, there are lots of other small peripheral things they done wrong... i.e Mortgage completion , wrong interest rate, wrong payments requested etc.... its quite a list, but none of them on their own are actionable as far as i know, they just add to the general picture that my creditor got things wrong or did not pay attention..........and was as i claim....generally "unfair". Or one sided, which is the same. Thanks to the negative legal advice i received i went down a rabbit hole, only this time i came up with a rabbit !!!

I'll update tomorrow, too late now. Part two coming in the morning.

[Guest]

S77A , CCA 1974 sets out the requirements for annual statements. It also sets out what happens if they do not comply with the correct prescribed terms.

https://www.theguardian.com/money/20...rror-taxpayers



Now even though no one was harmed or lost out financially NR had to refund all the account holders for the years they did not comply with correct statements. I say "all", thats not strictly true. They only had to refund the people whose mortgages where regulated by the CCA. Those with mortgages over £25K and thus not regulated by the CCA got nothing.

None of my statements have my original loan amount on. I've just come off the phone from my lenders complaints department, i have made my complaint. I was told that all my statements provide all the information they are required to and they do not need to provide historic stuff. I told them i expect a considered and dilligent investigation into my complaint and not an off the hoof reply back on the phone. I made it very clear the prescribed term, in this case the original loan amount was missing and has been since 2008. And i would like a refund of all interest paid since, as per Northern Rock customers. Get my reply in writing next week. Wish me luck

[Guest]

So today i received my S77 request................



So my first port of call was to my bank to ask who cashed the cheque. My Bank could not tell me for data protection reasons who did cash the cheque. But they assured me they will contact the recipient and ask them to notify me they have recieved it. What they could tell me though, was the sort code of the bank it was paid to. Here it is..........



So, someone got the cheque and request, banked the cheque and "lost" the request.

Its apparent to me now they do not have any agreement. I have my DSAR here and i can't see an agreement. What they have sent me today is not an agreement, and falls far short of complying with a S77 request, no financials, nothing. So i rung 'em !!!

Back in a bit with more when i've had me tea !!!

[Guest]

I just realised something else. I'm talking to my self, thanks for help and support i'll be off.

[The Tech Clerk]

Unfortunatly they have tried; but it seems we were unable to assist very much, they have the grasp of situation and reporting comments/updates, but alas many of us limited on that subject matter it would seem. good luck to them and I hope it gets sorted as something smells in their treatment.

Wonder if "Which" or citizens advice can offer a guide to best accountant or persons able to dissect the whole issue and advise them, or start complaint to FOS but have a file completed in date order and diary for which can be easily digested events. Trouble if formal complaint to the company who would have 60 days before FOS would look at it and that can take few years. without looking back pages if a complaint has been lodged already then onto FOS???? just my thought?