Mis Sold Mortgages - Do I have a case

FraudBuster

Check this out:

Fraud Act 2006

2006 CHAPTER 35

Fraud by false representation

http://www.opsi.gov.uk/acts/acts2006/ukpga_20060035_en_1

Thrugelmir

slg_sue wrote: »

Well thank you all for your opinions, some of them more helpful than others. I came on here for advice, which I thought was the point, not to have a roasting on how unknowingly irresponsible I was at a time when I was suffering from PTSD. My husband and I have worked our backsides off to provide for our family and will continue to do so.
I am going to look further into this as you are given key facts regarding PPI's and most people choose not to read it but take the PPI anyway it is my belief that the notes kept by the brokerage would probably not be that fantastic, and I am assuming please correct me if I am wrong that if they are no longer in business as is my suspicion I would need to go to the FSCS.

Take a deep breath. You are not hearing what you want to hear in terms of advice thats more to the point. We are all sympathetic to your circumstances, but that doesn't help you either.

Nothing you have said so far gives any basis for a mis-selling claim.

If you say that the broker changed your mortgage application form prior to submission then that is a far more serious accusation and amounts to fraud. Contact your lender directly and raise your concerns with them.

slg_sue

Thank you Thrugelmir, I take on board what you have to say. I find it increasingly annoying that (and sorry to any decent brokers out there) these primarily sub-prime brokers were able to target vulnerable people, and yes I do class myself at that time of my life to be vulnerable and uneducated in this field, in order to get a "deal" and their pound of flesh (commission) from selling these mortgages.
Just with other forms of mis selling, how many people actually read properly all the gumph they post to you, but judging from the responses I have had so far will assume that all of the responders have always read all the T&C's.
My mortgage company is not the sort of company that are easy to talk to TBH so unfortunately I wont get much joy from them.
My point in short is how many people are in a similar situation to myself for some of the very same reasons, and why can't we have some form of compensation, the brokers that sold these mortgages certainly didnt suffer due to it

Thrugelmir

Very frustrating for you I realise. Unfortunately the world is full of sharks in the business world (not just mortgage brokers). Many who operate just within the law.

I assume that you haven't raised the issue of fraud before at any previous court hearings. So the judge is unlikely to allow you to raise the matter on Wednesday as a defence. So will rule accordingly. The hearing is regarding the mortgage arrears not the legality of the mortgage.

Therefore you need to persue this matter seperately. I would suggest you make an appointment with your CAB. They will assist you in drafting up a properly worded letter. There are no templates as each case has different circumstances.

slg_sue

Again thank you. Yes it is for the suspension of the eviction. I am praying I stand a good case as our situation has improved and the reason for default on the previous order was emergency hospitilisation of my son and loss of earnings. We are in a position to recommence payments immediately with the £373 p/mth plus £227 off the arrears which are at £3719 including fees and charges. These have been placed with the Ombudsman as I believe them to be excessive and impedeing attempts to clear arrears.
I will make an appt after Wed with CAB as I had never thought of the matter of fraud, from memory the only forms we signed I am positive were with the broker and a form from the solicitor to say where the funds were being transferred to, I still have that in a file

FraudBuster

the brokers that sold these mortgages certainly didnt suffer due to it

Lie-to-Buy Mortgage Brokers & the FSA.

https://forums.moneysavingexpert.com/discussion/965771

Thrugelmir

Hope that all goes well for you Wednesday.