Rooftop Mortgages

[nickip3]

Re: Rooftop Mortgages

Thanks for all the advice given last night it was very much appreciated. We went to court today and we were going for appeal infront of High Court Judge. On arrival at the court it was decided by the HC judge that on the grounds of the mortgage rescue being put into place it should be referred back to District. If we failed at District we would then go to the appeal whilst we were there. Luckily and how we managed it I have now idea, but the judge ruled in our favour on the basis that the next two months payments plus an addition bit would be paid. We are then back in court on in Jan to prove how far the rescue package is progressing. We are not quite out of the woods yet but at least they are still in their house. I was convinced that it wasn't going to go in our favour based on all of the truth now known. We must have caught the judge on a good day. I think the main thing that swayed it was the fact that my inlaws are pensioners and one is disabled. All I need to do now is make sure that she makes that payment for the next two months. I have put measures in place to ensure I can check this as I am not prepared to go through this again or put my in laws through it. Again I would like to say a big thanks to you all and your advice was very welcomed. If I ever need help again over anything I will certainly be back.

[TUTTSI]

Re: Rooftop Mortgages

In the meantime you need to get a SAR sent off to Rooftop Mortgages, I will find you the link to a good one and this should be sent off as soon as possible to the data controller of Rooftop Mortgages (please check that this is the correct address for the DATA CONTROLLER in Ipswich). This will at least let you know the extent of all the charges and these can be challenged as sure as eggs are eggs they have lumped the charges together with the outstanding mortgage to make the situation worse.

Name

Address 1

Address 2

Address 3

Address 4

Postcode

RooftopMortgages Ltd
CustomerAssistance Department
PO BOX 522
Ipswich
IP1 3YE
DATE...............

RECORDED DELIVERY

IMPORTANT – PLEASE READ CAREFULLY



Dear Sirs


Subject Access Request (DataProtection Act 1998)

MortgageAccount No : xxxxxxxxxxx
Addressof propertyxxxxxxxxxxxxxxxxxxxxxxx


Wenote from an initial review of the account that you have applied unlawfulpenalty charges and as such we are placing the account formally in dispute.

We would ask that you supply us with FULL disclosure of ALL information forthis account. We would remind you that the County Court judges are threateningto imprison any Data Controller who does not comply with these requests.

The information requested, whilst not exhaustive is as follows:

• Full copies of all contracts which you believe exist between ourselves andyour
organisation, includingcopies of any documents you hold in support of same.

• Full statements of all accounts from commencement of the accounts. This is toinclude all information held especially the summary of case notes and MortgageStatements

• True signed and executed copies of all agreements in compliance with theConsumer
Credit Act 1974.

• Details of the identity of any individuals or organisations who have providedyou with our personal informationtogether with copies of any letters of instruction provided by them, or anycontracts entered into between yourselves and the third party, and the relevantdates to which those contracts related.


• Copies of all documents which include any of our personalinformation including copies of any contracts or invoices, emails or computerrecords containing our personal information, or any records which pertain tothis information.

• Full details and copies of any documents upon which you relied when you haveprovided my personal or financial information to any individual, organisationor third party.

• Full copies or transcripts of any computer logs or database records kept inrelation to ourselves or in relation to our financial or personal information.

• Full copies of any correspondence in postal, email or any other format whichyou have entered into with any individual, organisation or third party whichcontains our personal or financial information, or which pertains to us.

• Details of all systems you currently have in place to ensure our personal orfinancial information is kept securely, including details of those officers whocurrently have control of same, and at the time it was held or provided to athird party.

• Where any previous information or records held have been deleted or disposedof, the methods used to do so, including dates, certificates or referencesconfirming details of destruction. Where you are unable to provide suchcertificates, please provide a declaration, signed by an authorised officer ofyour company, confirming the dates and methods of destruction of this data.

• Full hard copy print outs of any of our personal or financial informationheld in a digital, magnetic or any other format which is held in any archives,backups or other storage devices / locations.

• Your registration number with the Information Commissioners Office.

• Your Consumer Credit License number and expiry date.

Where reference to emails is given above, these emails should be taken fromyour email servers or backups / archives held in a magnetic or digital format.These emails may not be present on a user’s local system, and may require theassistance of your IT department / IT providers, who you should contactimmediately for their provision.

Please confirm whether you hold a physical file with details of our personaland / or financial information. If so, please provide details and dates of anyinstance when this file has left your control, to whom it has beencommunicated, the method of transportation / communication e.g. Royal Mail,courier, by hand, electronically. Please provide a full copy of this file whereour physical file has left your offices, please provide details of any precautionstaken to ensure that our information has not been lost, misplaced or madeavailable to anybody who does not have authorised access, including those whowould use our information for the purposes of identity theft, or registeredwith any credit agencies. Please also confirm whether any of the documents heldwithin the physical file are computer generated.

Under S.40 of The Administration of Justice Act 1970, if you believe you haveprovided our information to any organisation, agent, or individual who could,or may have used it for unlawful purposes, you should contact us immediately,and provide full details of their identification and address, together withfull details of any instructions you have provided to them. If you haveforwarded or communicated our personal or financial information to any person,company, or organisation, please provide a copy of the authority, signed anddated by ourselves upon which you have relied prior to doing so. As requestedabove, you should provide copies on any such communications.

Under the Data Protection Act 1984 / 1998, as a Data Controller, you areresponsible for the complete retraction of all information provided to anythird party, should we request you to do so, and have a duty to us to ensurethat any personal or financial information we have provided to you is keptsecurely, and is only communicated to those to whom we have given my expresspermission / authority.

If you are unable or do not intend supplying us with any information we require you to advise usat your earliest convenience in order that we might give consideration to ourresponses.

In complying with both the Data Protection Act you are permitted to charge a maximum fee of£10 and that payment is enclosed by cheque no ……………..

Finally you are reminded that the Subject Access Request must be providedwithin 40 days of the date this recorded letter was sent.

You are also reminded that the ICO state that whilst the maximum limit forcompliance is 40 days Data Controllers should not use this as a guide forcompliance and should whenever possible provide the information as soon aspossible. If you do await the 40 day limit it may be found that you have notcomplied in supplying the information we require. In which case there would beinsufficient time left for you to comply causing you to be guilty of an offence

Non-compliance with our request is a criminal offence under the above Acts andwill result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signedby the customer is totally unenforceable under the CCA and therefore is acomplete defence to any court claim that is issued.

Finally, please understand that this alleged debt is now in dispute and allcommunication must be in writing. Since we have made formal requestsunder this legislation you are obliged to provide us with that information andyour employees should not pursue the alleged debt. we would remind youof the law related to harassment and the OFT guidelines.

Section 40 of the Administration of Justice Act:
(1) A person commits an offence if, with the object of coercing anotherperson to pay money claimed from the other as a debt due under a contract he-
(a) harasses the other with demands for payment which, in respect oftheir frequency, or the manner or occasion of making any suchdemand,
(2) A person may be guilty of an offence by virtue of sub-section (1) (a)above if he concerts with others in the taking of such actions as is describedin that paragraph, notwithstanding that his own course of conduct does not byitself amount to harassment.”
Furthermore your attention is drawn to:
Both the Office of Fair Trading and trade associations (run by the creditindustry) have produced guidance on what activities may be consideredharassment and should therefore be avoided by creditors. The following list istaken from the new Debt Collection Guidance for holders of consumer creditlicences.
Creditors are warned by the Office of Fair Trading under the Debt CollectionGuidance that the following practices are "considered unfair":
“PUTTING PRESSURE ON DEBTORS OR THIRD PARTIES IS CONSIDERED TOBE OPPRESSIVE.”
This includes:
• Contacting you too frequently
You are instructed with immediate effect to destroy all records of any phonenumbers you may have where I can be contacted and to instruct all employees tonot attempt to telephone me whilst this alleged debt is in dispute. Failure tocomply will result in formal complaints to OFT, FOS and ICO requesting removalof your license to conduct any Consumer Credit trade and a complaint to thepolice seeking prosecution for harassment.

I await hearing from you.

Yours faithfully



xxxxxxxxxxxxxxxxxxxxxxxxxxxx

Thanks for all the advice given last night it was very much appreciated. We went to court today and we were going for appeal infront of High Court Judge. On arrival at the court it was decided by the HC judge that on the grounds of the mortgage rescue being put into place it should be referred back to District. If we failed at District we would then go to the appeal whilst we were there. Luckily and how we managed it I have now idea, but the judge ruled in our favour on the basis that the next two months payments plus an addition bit would be paid. We are then back in court on in Jan to prove how far the rescue package is progressing. We are not quite out of the woods yet but at least they are still in their house. I was convinced that it wasn't going to go in our favour based on all of the truth now known. We must have caught the judge on a good day. I think the main thing that swayed it was the fact that my inlaws are pensioners and one is disabled. All I need to do now is make sure that she makes that payment for the next two months. I have put measures in place to ensure I can check this as I am not prepared to go through this again or put my in laws through it. Again I would like to say a big thanks to you all and your advice was very welcomed. If I ever need help again over anything I will certainly be back.

[nickip3]

Re: Rooftop Mortgages

OK thanks I will get this done and sent off as soon as possible x

[IanM]

Re: Rooftop Mortgages

Nickip3, when you obtain the paperwork make sure you double check the amount of arrears presented to the court by the mortgage company are the exact amount of actual arrears and not the arrears plus the fees and charges rolled into one amount.

Mortgage companies, especially Rooftop, have a habit of lying to the court about the true amount of arrears so make sure you have the paperwork to prove the actual arrears.

You could also present to the court the amount of fees and charges added to the account, tell the judge that these fees are unlawful and excessive and ask that these be offset against the arrears.

If the lender has lied to the court by adding the two amounts together the judge may clear your arrears and remove the suspended order and take action against the lender for lying in court, not guaranteed but always worth asking for while you're there!

[nickip3]

Re: Rooftop Mortgages

Nickip3, when you obtain the paperwork make sure you double check the amount of arrears presented to the court by the mortgage company are the exact amount of actual arrears and not the arrears plus the fees and charges rolled into one amount.

Mortgage companies, especially Rooftop, have a habit of lying to the court about the true amount of arrears so make sure you have the paperwork to prove the actual arrears.

You could also present to the court the amount of fees and charges added to the account, tell the judge that these fees are unlawful and excessive and ask that these be offset against the arrears.

If the lender has lied to the court by adding the two amounts together the judge may clear your arrears and remove the suspended order and take action against the lender for lying in court, not guaranteed but always worth asking for while you're there!

Cheers for this its another great idea

[Les52]

Re: Rooftop Mortgages

I have a Rooftop Mortgages entry, two actually, on my Experian Credit record.
I have never had any dealings with them......how can I check where they obtained my details?

[TUTTSI]

Re: Rooftop Mortgages

Phone experian and explain that you do not have and have never had a Rooftop mortgage. It sounds like to me that they have either confused you with someone else or that your identity has been stolen. Then I would phone Rooftop Mortgages and ask then what the hell they are playing at 08453303123. Please let us know how you get on.

I have a Rooftop Mortgages entry, two actually, on my Experian Credit record.
I have never had any dealings with them......how can I check where they obtained my details?

[Les52]

Re: Rooftop Mortgages

I have a Rooftop Mortgages entry, two actually, on my Experian Credit record.
I have never had any dealings with them......how can I check where they obtained my details?

Many thanks, I will come back when I have found out

[FARNJULLHOUSE]

Re: Rooftop Mortgages

How can I get help with rooftop please

[nemesis45]

Re: Rooftop Mortgages

How can I get help with rooftop please

Hi welcome.
You come in on a thread last active in 2013, you will get advice pertinent to your problem if you start your own thread in the appropriate forum.

nem

[FARNJULLHOUSE]

Re: Rooftop Mortgages

rooftop given us eviction for friday not even a weeks notice all over 2k

[Amethyst]

Re: Rooftop Mortgages

Have you been to a court hearing?

[Gprit]

A long gap in this thread - I had an interest only mortgage with them that expired March last year. It was always planned that the repayment would be from the sale of the property (never late or missed payments). Unfortunately did not sell until this month.
Redemption statement shows £726 in 'fees'.

In September last year I had a letter from solicitors appointed by Rooftop - in that letter they asked for my repayment intentions (which Rooftop already knew) and stated that I would be liable to costs IF the actions appended (ie court hearing/repossession) were proceeded with.

None of that happened. The solicitors have basically been a courier service to relay messages back and fore (aeight emails), as I am abroad and Rooftop do not use email (solicitors do...)

I am presuming this 'fee' is for solicitor intervention, but their letter in September clearly states I would be liable for costs only if the court hearing etc) were actioned.

I want the sale to go through as quickly as possible - can I protest now and then contest this charge 'after the settlement'?