ROOFTOP mortgage - applied for 15 years - told its for 30 years !!!!!

[Amethyst]

posted on behalf of new user:


morning
we had our mortgage from rooftop,we was told it was for 15 yrs from the broker but have since found out its for 30 yrs which is scary.
we got into difficulties about 8 yrs ago we got behind for 3 months they took us to court and they lumped all the interest together and said we were more in debt than we was when we went into see the judge i explained what did actually happen and how much we owed he said we had to pay back the amount shown
so we did pay back 200.00 per month well this finished over 4 yrs ago and have never missed a payment since we pay 8 % above base rate. they are now saying we owe them 4.900 in fees to do with the arrears they are saying we had i have always denied owing them this money and have had calls from them saying that they will add it on at the end of our term but remained me that it will go up and that we will be owing them over 100,000 pounds in interest
the main reason im writing for help is that we applied for solar panels and the company said they will not give permission as the conduct has been unsatisfactory and that if they would like more information please do not hesitate to call them
how can they say that as we have kept our account up to date for years now
please can you help us
thank you
Trish

[Amethyst]

Re: ROOFTOP mortgage - applied for 15 years - told its for 30 years !!!!!

Firstly, do you have copies of the original agreement and paperwork from the broker ?

Who was the broker and how did you get put onto that particular broker ?

Also can you tell us a bit more about the court hearing and the arrears agreement made.

I'll let someone else deal with the solar panels bit as I think the mortgage is of higher priority at the moment.

[TUTTSI]

Re: ROOFTOP mortgage - applied for 15 years - told its for 30 years !!!!!

You need to send a SAR to Rooftop's. It will cost £10, but the information from this will/should uncover a multiple of abnormalities with your mortgage and how it became 30 years instead of 15 years. You may be surprised to learn that Rooftops have sold our mortgages to the likes of Farringdon Mortgages PLC but they have not changed the land registry and the property is still in Rooftops name despite them not actually owning it , also Rooftops are not allowed to handle money as per the FSA, yet we pay them each month into their Barclays Account.

This is the SAR I would use you can tweak it to suit your own needs.

Name
Address 1
Address 2
Address 3
Address 4
Postcode




Rooftop Mortgages Ltd
Customer Assistance Department
PO BOX 522
Ipswich
IP1 3YE date…….
RECORDED DELIVERY
IMPORTANT – PLEASE READ CAREFULLY


Dear Sirs

Subject Access Request (Data Protection Act 1998)

Mortgage Account No : xxxxxxxxxxx
Address of propertyxxxxxxxxxxxxxxxxxxxxxxx


We note from an initial review of the account that you have applied unlawful penalty 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 for this account. We would remind you that the County Court judges are threatening to 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 and your
organisation, including copies of any documents you hold in support of same.

• Full statements of all accounts from commencement of the accounts. This is to include all information held especially the summary of case notes and Mortgage Statements

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

• Details of the identity of any individuals or organisations who have provided you with our personal information together with copies of any letters of instruction provided by them, or any contracts entered into between yourselves and the third party, and the relevant dates to which those contracts related.

• Copies of all documents which include any of our personal information including copies of any contracts or invoices, emails or computer records containing our personal information, or any records which pertain to this information.

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

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

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

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

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

• Full hard copy print outs of any of our personal or financial information held 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 from your 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 the assistance of your IT department / IT providers, who you should contact immediately for their provision.

Please confirm whether you hold a physical file with details of our personal and / or financial information. If so, please provide details and dates of any instance when this file has left your control, to whom it has been communicated, the method of transportation / communication e.g. Royal Mail, courier, by hand, electronically. Please provide a full copy of this file where our physical file has left your offices, please provide details of any precautions taken to ensure that our information has not been lost, misplaced or made available to anybody who does not have authorised access, including those who would use our information for the purposes of identity theft, or registered with any credit agencies. Please also confirm whether any of the documents held within the physical file are computer generated.

Under S.40 of The Administration of Justice Act 1970, if you believe you have provided 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 with full details of any instructions you have provided to them. If you have forwarded or communicated our personal or financial information to any person, company, or organisation, please provide a copy of the authority, signed and dated by ourselves upon which you have relied prior to doing so. As requested above, you should provide copies on any such communications.

Under the Data Protection Act 1984 / 1998, as a Data Controller, you are responsible for the complete retraction of all information provided to any third party, should we request you to do so, and have a duty to us to ensure that any personal or financial information we have provided to you is kept securely, and is only communicated to those to whom we have given my express permission / authority.

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

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 provided within 40 days of the date this recorded letter was sent.

You are also reminded that the ICO state that whilst the maximum limit for compliance is 40 days Data Controllers should not use this as a guide for compliance and should whenever possible provide the information as soon as possible. If you do await the 40 day limit it may be found that you have not complied in supplying the information we require. In which case there would be insufficient 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 and will result in a report being submitted to the relevant statutory authorities.

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

Finally, please understand that this alleged debt is now in dispute and all communication must be in writing. Since we have made formal requests under this legislation you are obliged to provide us with that information and your employees should not pursue the alleged debt. we would remind you of 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 another person 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 of their frequency, or the manner or occasion of making any such demand,
(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 described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”
Furthermore your attention is drawn to:
Both the Office of Fair Trading and trade associations (run by the credit industry) have produced guidance on what activities may be considered harassment and should therefore be avoided by creditors. The following list is taken from the new Debt Collection Guidance for holders of consumer credit licences.
Creditors are warned by the Office of Fair Trading under the Debt Collection Guidance that the following practices are "considered unfair":
“PUTTING PRESSURE ON DEBTORS OR THIRD PARTIES IS CONSIDERED TO BE OPPRESSIVE.”
This includes:
• Contacting you too frequently
You are instructed with immediate effect to destroy all records of any phone numbers you may have where I can be contacted and to instruct all employees to not attempt to telephone me whilst this alleged debt is in dispute. Failure to comply will result in formal complaints to OFT, FOS and ICO requesting removal of your license to conduct any Consumer Credit trade and a complaint to the police seeking prosecution for harassment.

I await hearing from you.

Yours faithfully



xxxxxxxxxxxxxxxxxxxxxxxxxxxx

[cloudydays]

Re: ROOFTOP mortgage - applied for 15 years - told its for 30 years !!!!!

hello
and thank you for your speedy reply
re the court hearing the judge said that as we agreed to pay off 50.00 per week which was more than adequate and he also said that he believed me when i said that they had lumped the interest onto the debt and there solicitor at the time could not answer his questions the judge said that no interest or any more fees could be added on and the there solicitor wrote all this down and that was the end.but two yrs after the court date when the arrears where all paid off thats when they came after us for interest they said we owned i told them to contact there solicitor who was there in court
then we did not hear from them till 2 more years had past re this interest
2. the court offices have closed down and have since moved and i cant get any information re this
3. the broker was the same man who we have used in the past for insurances but the company has since closed down and we cant find any of the staff now
4. the original paper work does not say terms that i can see
5. the letter they sent to the solar panel people and not us it was them who sent us the letter
thank you for helping us

[Amethyst]

Re: ROOFTOP mortgage - applied for 15 years - told its for 30 years !!!!!

3. the broker was the same man who we have used in the past for insurances but the company has since closed down and we cant find any of the staff now

Do you remember their name? If they have gone under you might want to be finding out where the paperwork for the brokerage of your loan has gone and obtain it via a SAR as Tuttsi has recommended for Rooftop too.

but two yrs after the court date when the arrears where all paid off thats when they came after us for interest they said we owed

Do you have a letter from them regarding this ? If so can you scan and post it ( http://www.legalbeagles.info/forums/...r-details-safe!) ) or type it up.

[cloudydays]

Re: ROOFTOP mortgage - applied for 15 years - told its for 30 years !!!!!

wow
thank you,im shocked as i thought no one could help us and then found you all can
i will write out the above and send it to them via next day delivery
and will await there reply
i will keep you updated
thank you

[cloudydays]

Re: ROOFTOP mortgage - applied for 15 years - told its for 30 years !!!!!

thank you
i will go look for any and all paperwork we have

[Amethyst]

Re: ROOFTOP mortgage - applied for 15 years - told its for 30 years !!!!!

Super thank you. We'll help all we can xx

[IanM]

Re: ROOFTOP mortgage - applied for 15 years - told its for 30 years !!!!!

thank you
i will go look for any and all paperwork we have

Can you let me know what address is on your paperwork from Rooftop please and also, can you check at the bottom of the letter and see if it says 'Authorised and Regulated by the Financial Services Authority' and if it gives the company number.

Thank you.

[cloudydays]

Re: ROOFTOP mortgage - applied for 15 years - told its for 30 years !!!!!

Can you let me know what address is on your paperwork from Rooftop please and also, can you check at the bottom of the letter and see if it says 'Authorised and Regulated by the Financial Services Authority' and if it gives the company number.

Thank you.

hello
to hand at the moment is the copy of the letter they send our solar panel ppl
at the bottom it says
rooftop mortgages limited
registered in england and wales
under company number:04621865
registered office
25 bank street
canary wharf
london
e14 5jp
authorised and regulated by the financial services authority
on this letter they have also given them our mortgage number
hope this helps

[IanM]

Re: ROOFTOP mortgage - applied for 15 years - told its for 30 years !!!!!

Thank you Cloudydays.

Not sure of its relevance just yet but someone pointed out that the FSA is sadly no longer with us and wondered why Rooftop were still putting 'Authorised and Regulated by the FSA' on all their correspondence when it would be easy enough to change it to the FCA etc.

Still digging!!!

[cloudydays]

Re: ROOFTOP mortgage - applied for 15 years - told its for 30 years !!!!!

Thank you
i have sent this letter off today. i also received a phone call from them late friday night,the lady on the phone was trying to apologize for the wrong letter going out and saying that i should never have been given a copy of this letter,but after i had said that this letter inferred that i have not kept up with my mortgage payments she just said that they were sorry that the wrong letter had been sent out and that was that as i would not accept her apology
i have also found some more letters from them but don't know how to scan them,can you please advise me on how else i can get them to you
and once again
Thank you

[Amethyst]

Re: ROOFTOP mortgage - applied for 15 years - told its for 30 years !!!!!

http://www.legalbeagles.info/forums/...r-details-safe!)

[cloudydays]

Re: ROOFTOP mortgage - applied for 15 years - told its for 30 years !!!!!

hello
sorry i never got back to you all but i was in an accident and made disabled,so other things have been a priority
i did send the SAR but never had a reply from Rooftop
do i resend it again
and is the only hope of getting rid of rooftop is by selling our house
but they are saying that if we do this we owe them even more money
please can you help
once again im sorry that i did not get in touch

[Kati]

Re: ROOFTOP mortgage - applied for 15 years - told its for 30 years !!!!!

:bump:ing