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Help Needed with miss-selling of a secured loan EPF Ltd

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  • Help Needed with miss-selling of a secured loan EPF Ltd

    Hi, i have been following a few threads on your forum and have sat intrigued by many, especially threads relating to the firm Endeavour Personal Finance Ltd. I wish i was introducing myself with something a little less frustrating and upsetting but sadly this matter has come to a head and my limited understanding of the law and the boggling mind field of EPF has left me some what drained to the point of no return. However i have been inspired by many posts and hope if at all possable i can ask for some help with what i believe was the miss seling of a sub prime secured loan.

    In November 2007 we received a call following a go-ogling search completely out of the blue from a company called Norton Finance. The call received was an offer of a loan to consolidation our loans and cards etc....

    The amount when totalled was quite allot, more than expected, however we were advised that by consolidating we would be considerably better off. We were told that they were regulated by the fos and held a consumer credit licence under the 1974 act protecting us should we feel that any problems should occur. The cal was received on the 1st of November and looking at the register following recently being advised of the firms licence number it appears their is a gap in the dates, specifically the time when our loan was given. The register refers to 2006 and then nothing until 2008 when the licence was renewed by EPF. Does any body no what this means, did they actual hold a licence at this time?

    The broker never told us that the loan we were agreeing to was an unregulated loan, meaning we fell out of the jurisdiction of the FOS, found when raising a complaint soon after.

    The loan sold was for a tern of 20 years and yet the actual agreement states 180 months, however it also states is an estimated term(assuming no change in the rate of interest or delay in monthly installs)

    The consolidation loan comprised of individual advances to our creditors equalling in total to £40,000. However unaware to us, we incurred quite a hefty levy of a broker fee. This fee does not incoperate the loan amount and is shown on the agreement as a seperate entity. It says broker loan completion fee (if any) to the relevant credit broker which will be debited to the balance of the account and form part of the total indebtedness and will itself bear interest. As we were not advised of any such fee either verbally or in written form and the statement said if any, we assumed this did not involve this agreement as no broker amount was shown.
    A lender fee was charged also, again not advised of and was £150,00
    The interest rate is shown as 9.84% per annum and their after variable when FHBR changes
    Apr is shown as 11.3%
    ppi - None, however in a letter received in a sar from my main lender the request made by Norton to the lender to add the charge states consolidation + Insurance? So is this broker fee actually insurance and not a broker fee? I am boggled:tinysmile_aha_t:
    The reverse of the agreement under complains refers to the FSO and letter i have has refer to the fso yet all fall out of jurisdiction. I believe the agreement falls under the consumer credit act 1974 but am unsure if the new changes in 2006 mean that as a consolidation is actually now regulated?
    The loan agreement does not incorporate any details of the land charge and visa versa and the charge signed by myself and hubby is shown as a charge by deed and reference to Scotland? I have no idea why Scotland is mentioned.
    Prior to accepting the loan we were not told the effect of adding any fees would have on the amount, as was advised without. We received no pre contract info and i was told that i needed to be on the agreement as a requirement of the lender. I stated that i was not named on the title deeds due to not working as my two children have disabilities and i didnt want the their money taken into account. They went onto say that my money and the children's would not be used its simple just a preference with the lender.
    The land registry also shows a restriction again i have no idea what it is for or why on their, the restriction refers to disposition.
    The broker also stated that as we wanted the loan to track our main mortgage that the loan offered was for a 15 year term not 20 and that upon taking the loan after two payments we could then have the term changed but we would have to complete and sign the details quickly so not to miss out on the offer, even the interest rate if i remember was told to be lower but i would hesitate to say for definite as was some time ago now.
    I honestly believe that we were set up for failure simply for a brokerage fee or possible an insurance fee.

    We signed the loan on the 3rd Nov 2007 letter received dated 2nd Nov 2007, then i have a letter dated the 16th Nov 2007 stating all completed funds transferred etc. but the agreement is dated the 29th November the same as the charge date.

    The letter in the sar from our lender is dated 15th Nov 2007 and the lenders letter to the registry is the 16th. However due to difficulty i think because details were faxed or something the charge wasn't registered according till dec 2007.
    In June following my husband becoming un well we contacted EPF to see if we could change the term due to a reduction in income, we were advised initially that they could no longer lend, extend or alter the payment amount, that if we did not pay the amount then they would repossess the property. I was in shock as you can imagine and then was told that if their is any short fall they could take everything bar the kitchen sink!!
    I made a subsequent complaint and have a letter stating the complaint was upheld due to the telephone conversation recording being damaged and that the broker had apparently said they had quoted two terms 15-20 which was not the case. The letter went on to say that we were obviously happy with the terms as had we not have been then we would not have signed the legaly binding document. That however they were prepared to extend the term to 20 years and then the interest rate is shown as two amounts.interest rate 9.34%, 9.8 % per annum. we had no option but to sign the document as we had already approached the first lender who said we couldn't as didn't have enough income based on my husband alone. We also new little about the fos and oft at this point.
    In 2010 we raised another complaint this time against the broker however they refused our sar request as stated they had no info all info was with the lender and the lender had refused their request to ask for, they also sent us a fisa booklet with a response to the fee and unaware till tonight they had sent a copy of their form you have to fill in and highlighted the small print at the bottom, well as i have the original and have looked at it tonight they are different, mine says nothing about a fee, but the photo copy not signed states a fee? What!! We refer d our case at this time and Norton asked us to send a copy of the agreement with EPF, which stupidly we sent to them ( I have bipolar disorder and some times i ask myself why i do stupid things) Sadly as was stated by the broker as endeavour was not regulated we fell out of jurisdiction, we have since gone through financial hardship and almost lost our home but epf have sent a second subsequent default notice and yet i haven't even had a default notice let alone heard from them for 80 days, please guys i need help, we need help
    So much more has gone on but i don't want to bore you all, but if any one can shed any light or help me put a complaint together as HFC have asked me to send one within 14 days
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