Re Action against rooftop mortgages

[Chobbler]

We had our house taken from us a couple of years ago and have realised that Rooftop Mortgages behaved in an unscrupulous manner towards us as did the origional broker used. What We would like to know is how to start proceedings to recover alot of ridiculous costs. What is an SAR? Also they sold our house at well below market value and extremely quickly - to surprise surprise a builder!!! It has caused the breakup of our marriage and untold other difficulties including illness through stress. The good news is we are almost together again and feel strong enough to fight these people. Basically can anyone recommend the best path we should take.

[bluebottle]

Re: Re Action against rooftop mortgages

Hi Chobbler and welcome to Legal Beagles.

With regard to what an SAR is, this stands for Subject Access Request. It is a right you have under Section 7, Data Protection Act 1998. What you do is write to Rooftop Mortgages and the broker involved, enclosing a cheque/postal order for £10.00 for each SAR, endorsed "SUBJECT ACCESS REQUEST ONLY" below the amount in words, and ask them for all information they hold about you, in manual and electronic form, which they have 40 calendar days to provide to you from the date they receive the SAR. For this reason, send it by Recorded or Special Delivery. The clock starts the moment they sign for the letter containing the SAR.

As for the behaviour of Rooftop and the broker you used, could you post up better details of this, please? I am a retired policeman and fraud is one of my strong points. If you would prefer not to post up sensitive details, which there may be, send me a PM.

BB

[Chobbler]

Re: Re Action against rooftop mortgages

I would be delighted to do that may take me a couple of days as I filed the info away and whilst I am dog sitting for my (hope to be not estranged) wife I will have time to sort the date orders out. We admit we were behind on the mortgage and accept the decision but it is the costs that are beyond belief. Out of interest would an SAR be applicable to solicitors aswell? This is for an earlier event - in a nut shell VAT made me bankrupt in 2001 - I held them off for about six years and they engaged a set of solicitors named Penningtons. They started to really gun for the house and it became apparent that I would have to remortgage to stop the house being taken. These solicitors started to use barristers etc and the charges rocketed at this point to almost 15 times the origional debt. I found a broker called Capital Finance based in Llandudno who said they could get me a mortgage hence rooftop's involvement. The Broker charged me an upfront fee and then towards the end of the process knowing I was over a barrel demanded I sign an agreement for him to get 3% of the final loan. I signed to get the process dealt with and give some relief. The mortgage was for £340,000. The first two years were ok then the interest rate shot up yet we were able to keep up then I lost my job and it started to crash around us. ending up with us losing our house. I will post more later on but thank you for taking an interest.

Kind Regards

[bluebottle]

Re: Re Action against rooftop mortgages

You can only SAR a solicitor for information they hold on you, but you will come up against legal restrictions governing legal professional/client confidentiality. The case involving Penningtons and HMRC pre-dates the Legal Services Act 2007 and you are out of time for taking action against them, due to the six-year limit imposed by the Limitation Act 1980.

As for Capital Finance and Rooftop Mortgages, without seeing the full details, I am unable to give an opinion as to whether there is a case to answer against them.

[TUTTSI]

Re: Re Action against rooftop mortgages

Chobler I have a very long thread called us x Rooftop Mortgages but nearer to the top of the thread there has been some developements that we have found out that Rooftops dont actually own the mortgages they sold them to other companies like Farringdon PLC No 1 or No 2 account. http://www.legalbeagles.info/forums/...ftop+mortgages Please have a read of my thread from where ...callmesnake has posted up lots of relevant information. We are still with Rooftop - but they will do anything to try and repossess. You also may have some charges to come back and you can when you get the SAR back you should then write a separate letter to Rooftop detailing all the excessive charges and requesting a refund and claim back your inflated charges that Rooftops have impossed on you and you can go back 12 years on mortgages. They will initially deny that they are inflated and won't budge but once you have their final decision the FOS will take up cases such as this and will get them to refund and tis might help you with your finances against what they are saying you owe them.

I also have a very good SAR on there which you should also send to Rooftop Mortgages ity asks a lot of questions and they must give you all the answers.

Rooftops are not allowed by the FSA to take client monies either - this is something which we are concerned about and which we are looking into as the bank account is in Roofop name.

When they it appears sold our mortgage on to Farringdon PLC no 1 account, they have not transferred the title at land registry which also seems odd. By chance from the postings up from ..callmesnake we have located our property as being on their list, so funny they have not told us.

If I can be of any further assistence just ask.

[IanM]

Re: Re Action against rooftop mortgages

Hi, sorry to jump in like this but as far as obtaining your solicitors files you do not need a SAR because the file the solicitor holds belongs to the client and has been paid for by the client as part of the fees they charge. There are a few exceptions to the 6 year limit and also a few misconceptions. The file your solicitor holds is held for 6 years from the date the file is closed, you should have had a letter from your solicitor informing you that they have concluded the business you instructed them to do and they were closing the file, and then the file is placed in their archives for up to 15 years, because essentially they belong to you but unless you request them they get filed away.
As for making a claim against a solicitor the 6 year limit begins from the date of knowledge, meaning from the date you discovered something amiss with the way the solicitor acted, if the solicitor has committed a criminal offence the limit rises to 15 years and if the solicitor has deliberately concealed his own crime the limit does not stand.
This is the most up to date info i have from my own solicitor with regards to a fraud committed by a former solicitor of mine in 2000, not gonna give too many details but the solicitor is going to jail when everything is sorted out!

Oh yes, more news, mis-sold mortgages, green light given to investigate all mortgages going back to 1998(?not exactly sure yet) for incorrect interest rates(as we expected) and the involvement of brokers that sell you specific mortgages instead of the right mortgage for your needs. I'll keep people updated as i learn more.

IanM

You can only SAR a solicitor for information they hold on you, but you will come up against legal restrictions governing legal professional/client confidentiality. The case involving Penningtons and HMRC pre-dates the Legal Services Act 2007 and you are out of time for taking action against them, due to the six-year limit imposed by the Limitation Act 1980.

As for Capital Finance and Rooftop Mortgages, without seeing the full details, I am unable to give an opinion as to whether there is a case to answer against them.

[IanM]

Re: Re Action against rooftop mortgages

Hi Chobbler, just to clarify things, HMRC made you bankrupt, then chased you for it, ran up massive barristers fees, so you then took out a new mortgage to cover the HMRC bill but now you have issues with the mortgage company and broker?

I would be delighted to do that may take me a couple of days as I filed the info away and whilst I am dog sitting for my (hope to be not estranged) wife I will have time to sort the date orders out. We admit we were behind on the mortgage and accept the decision but it is the costs that are beyond belief. Out of interest would an SAR be applicable to solicitors aswell? This is for an earlier event - in a nut shell VAT made me bankrupt in 2001 - I held them off for about six years and they engaged a set of solicitors named Penningtons. They started to really gun for the house and it became apparent that I would have to remortgage to stop the house being taken. These solicitors started to use barristers etc and the charges rocketed at this point to almost 15 times the origional debt. I found a broker called Capital Finance based in Llandudno who said they could get me a mortgage hence rooftop's involvement. The Broker charged me an upfront fee and then towards the end of the process knowing I was over a barrel demanded I sign an agreement for him to get 3% of the final loan. I signed to get the process dealt with and give some relief. The mortgage was for £340,000. The first two years were ok then the interest rate shot up yet we were able to keep up then I lost my job and it started to crash around us. ending up with us losing our house. I will post more later on but thank you for taking an interest.

Kind Regards

[TUTTSI]

Re: Re Action against rooftop mortgages

Ian it sounds a familiar story with with the sad world that we live in and how society and the people we trust/trusted have done so many bad deeds to us all at some point.

Have you got anywhere yet with your ongoing situation?

[IanM]

Re: Re Action against rooftop mortgages

Hi Tuttsi.
Getting a lot closer but not quite finished yet, i am hoping it will end soon in light of recent events. I made a statement for the SFO for a trial of an associate of my former solicitor, which if i am right, rendered the whole of the solicitors testimony as questionable, my guess is he won't be testifying and if he does he will perjure himself.

His associates' barristers decided not to have me called me to court, instead choosing to have my statement read out in court and accepted as the truth, pretty damning for the solicitor if they do not wish to cross examine me in court so they must have accepted the solicitor is bent!

I will let you know when it is all over or if their are any significant happenings, tip of the iceberg i believe, and so many clueless victims!


IanM

Ian it sounds a familiar story with with the sad world that we live in and how society and the people we trust/trusted have done so many bad deeds to us all at some point.

Have you got anywhere yet with your ongoing situation?

[TUTTSI]

Re: Re Action against rooftop mortgages

any more news Ian?

You were a bit cryptic in the chat box and left me dangling as to what was going on. x

[victory]

Re: Re Action against rooftop mortgages

Hi, can you please give me advice to what to do. I had a mortgage with Rooftop mortgages, I was introduce to them by a broker who no longer is trading. The mortgage was fixed for a while but when the fixed rate expired I was shock to find myself on a 10.9% rate to which drove my monthly payments into the thousands. I struggled to keep up the monthly payments and late fee charges therefore my family home was repossessed in 2009 by Rooftop mortgages. I feel I was robbed and treated unfairly by Rooftop mortgages and would like to take them to court for compensation. Can anyone advise me where to start? I would appreciate advice from anyone in a similar situation or with some knowledge about rooftop.

Kind regards
Victory

[FARNJULLHOUSE]

Re: Re Action against rooftop mortgages

HI I AM PAYING ROOFTOP MONEY EVERY MONTH I NTO BARCLAYS BANK ACCOUNIN THE NAME OF ROOTOP WITH BARCLAYS BANK. AS SAID BEFOR I BORROWED 3OOK I NOW OWE 370K THE BEXTRA IS CHARGES AND A SMALL AMIUNT OF ARREARS I AM PAYING OFF AR 321.88 EVERY MONTH PLUS MONTHLY INTEREST. EVERY 3 MONTHS LIBOR RATE GOES UP. I AM PAY 4.5% MORE THEN LIBOR RATE IS

GBP	05-01-2015	04-30-2015	04-29-2015	04-28-2015	04-27-2015
GBP LIBOR - overnight	0.48313 %	0.47938 %	0.48063 %	0.48063 %	0.48063 %

I HAVE HORRENDOUS CHARGES AS WELL. ROOFTOP DO NOT TELL THE TRUTH

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