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  • #46
    Ok got my letter today. They're not entertaining this at all, and they suggest the FOS won't either. Although they say i can approach the FOS:

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    Thats not the end of the road for me although it is going to be tough.

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    • #47
      Also, something else i have picked up on where they have tried to confuse me in their 2002 letter :

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      Now the Mortgage commenced Jan 1989 and it was somehow re purposed and given an extended term on the 1st Jan 1993 . So whatever the reasons for the shortfall the act would of had to happen between those dates. They've listed an insurance premium for 1993 for £134.51 .But the term had already been extended by then so this is really to make my shortfall look larger than it was.

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      • #48
        It's part of their misdirection. They are pointing to every other reason you paid less than was actually needed to keep on track for the original term, except the wrongly calculated repayment at outset. They are still studiously avoiding that topic.

        When did you send the SAR and was it recorded delivery? They have 1 month from date of receipt to provide the information, in normal circumstances. You now need that information.

        EDIT: Another non-sequitur in the recent letter - They "cannot agree a refund is due as there is a mortgage balance still outstanding". They could however rebate the account if they wished.
        Last edited by Still Waving; 24 November 2021, 14:30.

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        • #49
          Thanks Still Waving, the SAR i done on the phone Nov 12th, they also gave me a reference number. They said should have it within 28 days, but hopefully sooner. I spoke to my ex missus and she told me that we did pay the mortgage direct from our bank prior to about 1997. So it will either be DD or SO, she couldn't quite remember and TBH neither can i .

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          • #50
            Just a note of caution - don't let your impatience work against you.

            From the ICO guidance on SARs:
            • You should respond without delay and within one month of receipt of the request.
            • You may extend the time limit by a further two months if the request is complex or if you receive a number of requests from the individual.

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            • #51
              DD or SO
              Well I hope it was DD because that would have originated from them!
              It should show on an old statement (your bank could surely supply one)

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              • #52
                Hi Roger, yes DD would show it originated from them. But also SO will be fine too i think, if (and it should) shows the specific figure i was quoted then that should work in my favour just as much too. I've had to get my head around the fact this is gonna be a slow process now so i'll have to sit on my hands a bit so to speak. I've 10 days or so to wait for their break down of the figure quoted, and about another fortnight before my SAR is due. Any could happen sooner but that won't change much, once i have that info i'll need to digest it and prepare properley as i won't get a second shot at putting my case to the Ombudsman. I've some other stuff going on what i'm doing which i'll tell about as i get a bit closer but i think realistically its going to be almost xmas before i'm ready to present to the Ombudsman. Then nothing will get looked at untill New Year then i may wait three months.............. I'll keep this updated as we go and as i get it. I find it helps me using this as a sort of diary and i do very much appreciate you guys input. Many minds is better than one. I've no idea if any of them read here but that doesn't bother me either, facts is facts and i'm either right or wrong.
                I done some quick and dirty math to work out the first year of my mortgage. Before i do this you have to remember and you can only assume i am being correct and truthful that i'd not had so much as a word from my lender about a late payment, not paying enough or anything. I thought my mortgage had run like a clock............anyway :
                If i run 13.3 k through the mortgage calc @ 13.5% (thats what they say it went to when i never increased my payment) then i get a figure of £155.05 per month. If as they say i paid £118.69 then the account was short of £36.36 per month. X12 = £436.32 add to that my insurance premium (or remainder of it) of £80.28 and we get a total of £516.60 to be added to the outstanding balance. Lets play Devils advocate here: brand new mortage account, in its first year the outstanding balance goes up by £516 , the payments are not being met and lets say it was all my fault ? You'd expect to have late fees, arrears charges, a letter or something ? But that never happened. Then it must of replicated in a similar fashion for the next three years (making 4 years in total). Then the lender looked at it and said oh, this balance now is 16.5k , if we extend his term now that the rates have come down it will make it easier for him, he will benefit from the lower payments. Could happen i suppose ?

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                • #53
                  The mortgage written Terms are the key!

                  They shoot themselves in the foot saying the following AND to set up a SO they would have to give you the necessary Banking details.
                  For a DD they would have been raising the payments themselves.
                  The SAR should include advice to you in writing of payment and payee details!

                  "..
                  I note that there was a delay in the completion of your mortgage and it did not actually complete until January 1989.
                  At this time you were quoted an instalment of £118.69 based on an interest rate of 12.75%. based on 12.75%
                  Later in the month the interest rate increased to 13.50%, however you continued to pay £118.69, and as a result the term extended
                  .."
                  1/ THEY QUOTED £118.69
                  2/ LATER IN THE MONTH ( BEFORE YOU PAID A PENNY) INTEREST RATE INCREASED 13.50%

                  That admission is that you were at all times paying what they asked for. Thus fulfilling your commitment to the Mortgage.
                  Unless there is something in the small print of the Mortgage
                  IT IS THEY THAT ACCEPTED YOUR PAYMENT IN FULFILMENT OF THEIR MORTGAGE Repayments absorbing shortfalls!

                  How could you KNOW ever? Thats the real point AND when reference is made to Insurance was this by chance to cover payments? The Banks had to pay considerable monies back for such Insurance!

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                  • #54
                    ^^^^
                    Roger , thanks a lot. I can't even believe i missed that.

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                    • #55
                      Roger

                      Originally posted by Roger View Post
                      That admission is that you were at all times paying what they asked for. Thus fulfilling your commitment to the Mortgage.
                      Unless there is something in the small print of the Mortgage
                      IT IS THEY THAT ACCEPTED YOUR PAYMENT IN FULFILMENT OF THEIR MORTGAGE Repayments absorbing shortfalls!
                      I think you are making too many assumptions here. Best to wait and see what the SAR brings forth. The OP may be mis-remembering what correspondence was received back in 1989.

                      By the way ML, exactly what information did you ask for in your (telephoned) SAR?

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                      • #56
                        "..
                        I note that there was a delay in the completion of your mortgage and it did not actually complete until January 1989.
                        At this time you were quoted an instalment of £118.69 based on an interest rate of 12.75%. based on 12.75%
                        Later in the month the interest rate increased to 13.50%, however you continued to pay £118.69, and as a result the term extended
                        .."
                        1/ THEY QUOTED £118.69
                        2/ LATER IN THE MONTH ( BEFORE YOU PAID A PENNY) INTEREST RATE INCREASED 13.50%

                        But instead of saying "..Later in the month the interest rate increased to 13.50% .." AND SHOULD HAVE BEEN PAYING £XXX.XX

                        Why because they don't have that figure on record do they!!

                        ".. you continued to pay £118.69, and as a result the term extended .." This is like plucking a term out of thin AIR knowing that whatever they decide can't be challenged!

                        THAT reply is damning fudge and instead of a breakdown over the term showing ALL Rate changes and payments and the term extending or decreasing etc..
                        THEY IMPLY THAT ITS THE PAYEES FAULT!!
                        Obviously they don't have the figures to hand do they otherwise when asked they could provide them!!
                        The SAR should include this later correspondence. The writer doesn't know the figures do they and yet write this fudge!

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                        • #57
                          Originally posted by Still Waving View Post

                          By the way ML, exactly what information did you ask for in your (telephoned) SAR?
                          Hour and a half i was on the fone until i got to the right person. He seemed very helpful. I explained my account started in 1989 and i would need all records from inception / offer to date as i had a complex complaint/query and i needed to go over everything and work stuff out and check rates/payments etc.

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                          • #58
                            Ok i think i've become a victim of "forum blindness". I feel the need to get my SAR and explanation and post it here to prove i'm right. This is all inside my own head BTW and of no making by anyone else. Just based on the small amount of documentation i have, and the lenders replies my case is already there, its complete and i've nothing to add. The extra info (SARS and calculation breakdown) will be neccesary if i have to go to court. Non of it is going to be any different than i remember and what already been disclosed in the paperwork i have. Its just took me a while to understand this. I now know they have calculated my payments incorrectly, that will all be a matter of fact and its in keeping with what i remember. ETC..........
                            My big envelope is going in the post on Monday morning. I've kept it brief and succinct and avoided the temptation to wear a tin foil hat and read out my rights as a freeman on the land :-)
                            I do have some concerns over the time limits though, but i'll go though that in my next post.

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                            • #59
                              Hi

                              First, I would suggest forgetting that freeman of the land stuff. Second, aren't you going off half-cocked sending whatever to whomever before you have all your info? It's your choice alone, obviously, but ....

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                              • #60
                                I've trawled the web far and wide around this subject and i'll try to summarise my findings quickly: in cases where the underfunding was caused partly by the borrower (i.e they where in arrears) there was complex formulas drawn up for how the lender should compensate them (for their mistake). This was around 1999/2000. As the cases came flooding through and the scale of what the lenders had been doing became apparent the ombudsman adopted a different approach. It s was quite brutal, and thats how the press reported it at the time............ the ombudsman required for lenders to put every underfunding case back into the position they would of been. In my own particular case, my lender AN had admitted they made a communications blunder by not informing customers between 1988 and 1993 of the changes and they also apologised for the fact. They had a team that was going to contact everyone they thought was affected. Thats how it was all until about 2007, when the ombudsman said they had a deadline for new underfunding cases.

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