Mortgages mis-sold

[Ruby]

Hi All. I recently received through the post (mail shot) info from a claims management company saying that millions of mortgages have been mis-sold and I could be entitled to compensation of several thousand pounds.

The cover letter was from Robin Hood Refunds giving serveral examples of mortgage being mis-sold:-

1. Were you mortgaged into retirement.
2. Was your mortgage topped up with a loan to achieve more borrowing.
3. Were other debts consoliated.
4. Is the mortgage interest only.
5. Did you incure hidden charges.
6. Were you sold a mortgage you could not afford.
7. Were you sold a self-certified mortgage.

The above come with explanations of the mis-selling tactics some mortgages lenders/brokers used.

Obviously at the moment the buzz is all about PPI, but can anyone let me know whether the above has any substance. Is it something fairly new that has come about or has it been around for a while.

Obviously in this currently climate when a lot of people are feeling the pinch (including myself) things like this sound very appealing, especially with some of the figures quoted being retrieved for the customer in the 4 to 5 figure sum.

I must state they are not charging any up front fees but a whopping 25 % plus VAT if successful. If I had the tools for the job I would rather do the donkey work myself and get the whole back as compensation. Can anyone advise?

[di30]

Re: Mortgages mis-sold

This is actually interesting isn't it?

Mine consolidated a huge loan of over £65K so this was added onto the remortgage.

Searching through the SAR, they also have the income at double than what it was.

[Ruby]

Re: Mortgages mis-sold

According to their blog you would fit the criterial for a possible refund too .....

[di30]

Re: Mortgages mis-sold

According to their blog you would fit the criterial for a possible refund too .....

Really? , so do you know what they would actually refund back?

I remember reading something a while back but did not look into this further, the broker from the bank Lloyds set up the remortgage for us in 2007 via C&G, and we can remember we had a shortfall on the first repayment as well, as where lloyds had to up the overdraft that we were already in, so we could pay the first payment.

[Ruby]

Re: Mortgages mis-sold

Sorry I don't know enough about the process to advise, that is why I posted this in the first place. Hopefully someone will come along shortly and enlighten us

[chrislawteach]

Re: Mortgages mis-sold

Hi Ruby

I have the same question. I have some knowledge of contract law and I know there is something in the way the mortgages were worded, ie not in prescribed terms, and also the way mortgage fees were added.

I too have been approached by a cml and think the same way as you - if I can do it myself I would like to. I also particularly dislike their high pressure methods.

I have recently recovered my husband;s PPI and this was a lot more straightforward.

If anyone knows what the mortgage pitfalls are (apparently there are 37 of them according to the company ringing me trying to get me to hand over money upfront), it would be much appreciated. :tinysmile_kiss_t4:

[TUTTSI]

Re: Mortgages mis-sold

Hi Ruby
Claims Management Companies are ok as long as they did not cold call you or take upfront fees. Everything a CMC can do you can do your self. I am not so sure your mortgage can be mis-sold. The name Robin Hood refunds is a new one on me have you checked with the Ministry of Justice if they are authorised?

To claim mortgage charges it is best to send a Subject Access request to your mortgage company. I will search out my one for you and post it here. You can from this get a full list of your mortgage charges and all the information on your mortgage account and you can go back 12 years.

Who is your mortgage with?

Did they sell you PPI as this may have been be mis-sold and this will be able to be recovered?

Subject Access Request

SAR - Example

name

addr1

addr2

addr3

postcode

Mortgage Company Name
The Data controller
Addr1
Addr2
Postcode Date


RECORDED DELIVERY
IMPORTANT – PLEASE READ CAREFULLY



Dear Sirs


Subject Access Request (Data Protection Act 1998)

Mortgage Account No : xxxxxxxxxxxx –
Address and post code


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/postal order(my prefered choice), 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



Name(s)



Read more at: Webb Resolutions - Legal Beagles Consumer Forum


Just done companies house search the company was formed 7/4/2010 Company number 07215882 the nature of the business is a dormant company and no accounts have yet filed or though they still have time. There has been some director changes the names of present directors Mr Michael John Coyne appointed 23/3/2011 and Mrs Elaine Coyne appointed 20/6/2011. There has been a few terminations of other directors in the short term of this company.

Business Name: Robin Hood Refunds Ltd Address: 11 Classon Close
West Drayton Town/City: Postcode: UB7 7JU County: Middlesex

Trading Names: No Trading Names Sector: Financial products/services Authorisation Number: CRM23853

[Ruby]

Re: Mortgages mis-sold

Sorry guys, have had a lot on my plate and let this one slip. The last I heard was they were SAR'ing Kensington and I should allow for 40 days. Seeing this post has just brought it back into my mind. I must call them and ask how they are getting on. Will let you all know .....

[labman]

Re: Mortgages mis-sold

Be careful:

About us | Robin Hood Refunds states their registered office and company number

WebCHeck - Select and Access Company Information states a different company number for the same company and is confusing as to whether they are active or, if you scroll down slightly, dormant.

[TUTTSI]

Re: Mortgages mis-sold

A dormant company can start trading at any time.

Be careful:

About us | Robin Hood Refunds states their registered office and company number

WebCHeck - Select and Access Company Information states a different company number for the same company and is confusing as to whether they are active or, if you scroll down slightly, dormant.

[Guest]

Re: Mortgages mis-sold

Hi
I should imagine that these companies will be relying on section 140 of the CCA and alleging unfair treatment.
There is some case law regarding similar claims on the government web site, mostly unsuccessful I am afraid. There may be some more recent successful ones that I have not seen of course.
Peter

[labman]

Re: Mortgages mis-sold

A dormant company can start trading at any time.

Can they also change Company Number?

[TUTTSI]

Re: Mortgages mis-sold

In short NO they cannot.

Are you sure they have changed the Company registration number?

Where did you find that they have two different Company registration numbers?

The link you put up did not work?

Can they also change Company Number?

[stevokenevo]

Re: Mortgages mis-sold

dont think i would want to mess with my mortgage company, im not in a position to change lenders.

I think the 'misselling' aspect would have to be pretty far fetched in most cases. I know plenty of people who over the last 10/15 years exaggerated and enhanced their own figures to get bigger mortgages/remortgages.

Sounds like they are clutching at straws imho

[labman]

Re: Mortgages mis-sold

Try these - if they don't work, Google Robin Hood Refunds and you get their website, go to About Us page; Next Google Companies House and do a WEb Check on them. Two different numbers, same registered office!

About us | Robin Hood Refunds

WebCHeck - Select Search Results