mis sold mortgage

**leclerc** · 28th December 2010, 13:08:PM

Re: mis sold mortgage

Originally posted by mactheknife View Post

Hi everyone..thanks for the welcome..Im a seasond campainger..having got 37k out of almost 40k that was owed to me.I'm now about to do N.R for the rest of it.they owed me 5k but offered 2.5k just before the supreme ruling,using the hardship argument (thank MSE )(I hope you took the offer on hardship because that was a very good offer based solely on financial hardship and they do not have to offer even 1p to comply with the lending code which is on my signature) now there not interested so im about to employ the section 5 argument and use the small claims.my bet is they will chicken out(if this is bank charges then they will not chicken and they will probably get legal fees against you so be VERY VERY careful going down the court route on bank charges)...also won a large refund on late mortgage charges from Redstone....so it can be done...just dont give up thats what they rely on..also had almost £300 charges wiped of my sons Barclays account..that was in November.....and now were onto our Mortgage advisor claiming a mis sold mortgage as we will be 73 by the time its paid off !
This bit is very interesting. Was there any errors in the data the bank held on you re your age? What is the highest age that the type of mortgage you held had on you?
and lots of other things like no other means of payment Etc...basically he just grabbed the money and never thought anyone would complain....

this is going to be MASSIVE...there are millions of people just like us who believed all teir M.A told them..and the compensation can be huge...so anyone with any info ..please chip in

Have you seen any cases in which Mortgages have been written off on the basis of being missold?

Have been a long time bank charges campaigner as well albeit under the banker's name where i used to work

**mactheknife** · 28th December 2010, 16:11:PM

Re: mis sold mortgage

thanks guys for getting back so quickly...just shows there are more "saddo's" out there....

yes Ive read about the scarry costs of going to court..but also that there is a limit in Small Claims cases...which I have to investigate...I have lost private small claims cases where no costs were awarded butim still not sure.

It was only a matter of time before Redstone got fined off the FSA...but you still have to apply..they STILL owe us £700...there next on my hit list

anyone out there with more info on mortgage mis selling....our agent simply take our affordability into question..we currentlly pay £1100 each month...how on earch did he think we could afford that when im 70 !!....now its his problem

**leclerc** · 28th December 2010, 16:47:PM

Re: mis sold mortgage

Just to make you aware, there is not 1 single case of a win post November 2009 OFT test case win via the County Court system and costs have indeed been awarded in small claims against claimants.

Can I ask what resolution you would expect on the mortgage issue alone?

**mactheknife** · 1st January 2011, 11:39:AM

Re: mis sold mortgage

sorry guys didnt get back to you...Im not always near a pc...

to answer you questions...cant say if my mortgage co have any mis-information on my age..dont think so..they just wernt bothered at the time...they were too busy trying to sell to anybody..anywhere..which is why now the FSA have said if they did not adhere to MCOB guidelines at the time..the consumer must not end up the worse off for it...namely the had a "duty of care" to ensure that I had adequte future funding to support the Mortgage no matter what. I am Self Employed and suffer badly during exteme weather...the lender should have predicted this and advised accordingly.

to answer Leclerc....not really sure at this stage..there are several possible outcomes if successfull....people have had ( I gather ) there agreements cancelled...but then that leaves me to find another ???......compensation to help reduce the balance,or an adjustment in the interest rate to normal levels ( I currently pay 5 times above base )

The case is currently with the Mortgage Broker who are conducting an internal
investigation...and the FOS who are awaiting that outcome.

interesting one..isnt it ??

**mactheknife** · 1st January 2011, 11:55:AM

Re: mis sold mortgage

oops sorry...I have another intersting one for you all.....during the recent success of reclaiming my sons charges back from Barclays ( nov 2010 )....which took more than 2 years by the way......Baclays wrote to my son informing him that due to "The Data Protection Act " I ( his father ) could not act on his behalf and that they would only deal with him directly?

up until this time ,I had, with his written authority,dealt with Barclays Myself.
I contacted the Information Comissioners office who told me that was complete rubbish ( quite rightly ) Barclays then returned to dealing with me after that.

Now then...the question is .....did Baclays break the law in attempting to deny my son his legal right to advice and third party representation ???

This was a main point in my complaint to FOS...which they completly ignord...and I have now sent the case to the Independent Assessor......

any thoughts please ....

**leclerc** · 1st January 2011, 12:53:PM

Re: mis sold mortgage

Originally posted by mactheknife View Post

oops sorry...I have another intersting one for you all.....during the recent success of reclaiming my sons charges back from Barclays ( nov 2010 )....which took more than 2 years by the way......Baclays wrote to my son informing him that due to "The Data Protection Act " I ( his father ) could not act on his behalf and that they would only deal with him directly?
They didn't but they certainly may have made an error in writing to you. Are they now prepared to deal with you since that is the resolution of that specific issue?
up until this time ,I had, with his written authority,dealt with Barclays Myself.
I contacted the Information Comissioners office who told me that was complete rubbish ( quite rightly ) Barclays then returned to dealing with me after that.

Now then...the question is .....did Baclays break the law in attempting to deny my son his legal right to advice and third party representation ???
The may have breached the Data Protection Act but if they are no able to deal with you again then the complaint is resolved.
This was a main point in my complaint to FOS...which they completly ignord...and I have now sent the case to the Independent Assessor......

any thoughts please ....

Have Barclays acknowledged that there was an error in sending you the letter?
Are they currently dealing with you with regards to your son's account?

Are the FOS dealing with the issue of Data Protection Act breach or is that a separate issue?

**mactheknife** · 2nd January 2011, 11:11:AM

Re: mis sold mortgage

thanks Leclerc...yes the matter was resolved,but only after exstensive campaigniing by me...they did eventually accept me as his representitive,but it was very clear that an attempt was made in writing to deny him this right.

not only did they do this but they also broke the OFT,s guidlines on Unfair Practices by issuing his debt to a third party without his knowledge.

Barclays behaved appallingly during all of this and still feel they have a case to answer to

**mactheknife** · 2nd January 2011, 12:10:PM

Re: mis sold mortgage

yes a recent case,but it was in the extreme,obviously nobody wants thier mortgage cancelled if there can be mediation.

**scoobydoo** · 3rd January 2011, 20:24:PM

Re: mis sold mortgage

dont know if this is of any use

http://www.legalbeagles.info/forums/...ad.php?t=16177

**mactheknife** · 8th January 2011, 15:52:PM

Re: mis sold mortgage

what are you smoking ????????

**leclerc** · 8th January 2011, 16:29:PM

Re: mis sold mortgage

Mac, not sure what the comment was meant to mean above? Were you saying it in jest?

**mactheknife** · 17th January 2011, 09:09:AM

Re: mis sold mortgage

no...not jesting !...this is supposed to be a serious site...there are people out there with massive problems that need our help...if all people can do is hand out "crypic clues" about moons and stars..then they stay off the site !!...this guy is supposed to be part of the VIP working group ?????????

**leclerc** · 17th January 2011, 10:58:AM

Re: mis sold mortgage

Originally posted by mactheknife View Post

no...not jesting !...this is supposed to be a serious site...there are people out there with massive problems that need our help...if all people can do is hand out "crypic clues" about moons and stars..then they stay off the site !!...this guy is supposed to be part of the VIP working group ?????????

Mac, with respect, I think scoobydo has made an error with the link(I am assuming that is what you are talking about).
No one's perfect and I've made similar errors before on forums, ie posted a link completely out of context. I'll PM scooby to get them to add the link.

**calamity jane** · 17th January 2011, 13:33:PM

Re: mis sold mortgage

I'm totally confused now.

I clicked the link that scoobydoo posted and it led to a thread on this site in the Mortgage, Landlord, Property and Insurance Forum titled "Were you mis-sold a mortgage".

I can assure you that members of this site do take other peoples problems very seriously and at no time would we make light of anyones problems.

I have'nt reposted the link as the one above is working ok

CJ

mis sold mortgage

mis sold mortgage

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