9 years and still fighting

9 years and still fighting

by Readers Question

Guest Author

18:34 PM, 31st October 2018, About 6 years ago 72

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Anybody had a Buy to let Mortgage with Chelsea Building Society? Between Circa on or around 2009 you are likely to have been over charged in interest.

If you have been repossessed around this time then you need to check your figures.

I had four properties repossessed and a member of the Network of Independent Forensic Experts (NIFA) confirmed I was not (2 months in arrears) at the point of Repossession.

My fight continues 9 years on.


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Rob Thomas

12:13 PM, 5th November 2018, About 6 years ago

Dear Peter

The 194,000 Ministry of Justice figure you mention is repossession actions made by lenders, not actual repossessions. As many repossession actions made do not end in a repossession, this figure cannot be presented as the number of properties repossessed.

Rob Thomas

13:00 PM, 5th November 2018, About 6 years ago


There have been a number of scandals about banks incorrectly calculating mortgage interest. But in all your posts you have, I'm afraid, failed to explain what happened to you in terms that make any sense to me. You talked about a £4 over-payment, but lenders don't repossess for an over-payment.

If you made all the contractual payments due at the correct times, I see no evidence that, even where banks have miscalculated, there would be any threat of repossession.

Were you paying by direct debit?
Did you make all the payments you were contracted to make on time?
Are you claiming you got no warning you were going to be repossessed?

peter cookson

14:37 PM, 5th November 2018, About 6 years ago

Sorry Rob
It is not easy to explain my case is rather large to say the least.

Okay I may of written in wrong ?
When you make an overpayment (ie) over the Contractural amount required ,it as to go somewhere normally if all interest etc is up to date , the overpayment amount will be deducted (OFF) the Capital Amount so if the Loan was £100,000 and I overpaid £100 the Loan / Capital Balance the day after would be £99,900. ( simple enough)

So the “ daily rate” is calculated on the £99,000
So the Lender as done as per contract.

In my case the £191.00 saved me £4 it was only the £4 they showed the Courts.

The Problem
My Lender did not show the true Capital Balance had reduced on the Annual Statement and it was only the Annual Statement the Lender provided for Court.

If they had done what we asked for them to present the Detailed Account Breakdown ( DAB) then they would have cut their own throat.

Because I had to justify that a “ breach” had took place in that the requirement needed for the right of repossession was never available for the Lender to repossess , the figures were so tight the Lender panicked and decided to deny the truth .

The Lender said £981.00 was the arrears they actually needed £ 891.00 (2) months Arrears my overpayment was £191.00 do you now see why they did not provide the ( DABs).

Just the overpayment proves a very serious breach let alone the “ double billing”.

peter cookson

14:43 PM, 5th November 2018, About 6 years ago

The Lenders Annual Statement are a “ Fraud” credits have been hidden.

I cannot explain it any easier and it is all very well people questioning me I don’t mind , but you are doubting a Forensic Accountant my statement is conclusively rubber stamped as completely correct , ( NIFA) are prepared to go to court.

Rob Thomas

18:09 PM, 5th November 2018, About 6 years ago

Reply to the comment left by peter cookson at 05/11/2018 - 14:43
Hi Peter

I am not necessarily doubting what you say, just trying to understand it. You seem to be saying that a payment you made of £191.00 was not presented on your annual statement but was credited on the Detailed Account Breakdown (I've never heard of this before) and was ignored when the society calculated that your arrears were high enough to warrant repossession.

Couldn't you produce as evidence your bank statement showing the payment debited from your account?

peter cookson

18:57 PM, 5th November 2018, About 6 years ago

Hi Rob

The 1st payment made after only 14 days from the start of the Mortgage was £366.00 virtually a full month.
If I won the lottery on the 14th day I would owe the Loan plus 14 days intetest.
The daily rate was £12.50’ so you x 13.50 x 14 days = £175

Yes the Annual Statement does show £366 but contractually an overpayment as been made of the remainder £191.00. This is a breach anyway because contractually money is not due until a full month as passed.

So what this means I am a month in advance but an Annual Statement does not make this visible.
So any missed payment is classed as a missed payment and without a ( DAB) it is virtually impossible to show that infact you are 100% on track because you are owed a month.

A further breach as occurred in the contract an overpayment as to come of the Capital balance it did not.

So a month paid when it is not required 4 weeks in value , then an overpayment of £191.00 which is not given or shown value two weeks in time.

Altogether I had 6 weeks of advanced payment owed to me.

So end of 2007 after only 5 months I am technically 6 weeks in advance ( contractually)

So in the next year my 1st payment due was the 15th of February 2008 which is 6 weeks of time given back which makes the contract running as it should.

But the Lender , the barrister , etc said it was an error remember this is the new “merged” Lender saying this.

All 4 Mortgages did not want a payment in 2008 until the 15th February but they scammed me and the court calling it an error.

That’s 8 errors in total and the Judge did not question this area , the Judge had “ perjury” committed at the highest level.

So look at it this way instead of me having Annual statements and would of had ( DABs) I could of Chronologically shown the Judge exactly what I am telling you but the Lender kept the (DAB) for 2007 well away from the court.

This is how the scamworks when they are in the “ shit” all the monies paid are shown , but the understanding of the contract as to read in conjunction but it is not.

peter cookson

19:06 PM, 5th November 2018, About 6 years ago

Remember Rob

Think of this as the formula

Payment Amounts made, understand “ daily Rate”
Are payments in Arrears or Advance Contractually ( very important )

Check what happens on ( Overpayments) contractually.

Lenders have to abide by the Tetms & Conditions ( Contract) any non- compliance is a “ breach”.

Rob Thomas

11:06 AM, 6th November 2018, About 6 years ago

Reply to the comment left by peter cookson at 05/11/2018 - 18:57
OK Peter - I think I understand now. Shame you didn't get the judge to understand.

Tim Fenn

10:03 AM, 10th November 2018, About 6 years ago

Hi Peter,
I’ve actually had a very similar argument with a lender recently.
My payment didn’t get collected by DD (my fault) on the last day of the month (a Friday), I paid this by bank transfer on the same day but they said it wasn’t received until the Monday and that I may have a late payment on my credit file.
Starting to worry I read the contract and realised I pay interest in advance, which means my account was never in any danger of being in arrears. I am however contractually obligiged to pay in advance and they must have cleared funds before it’s actually due.
In this case the lender agreed that I had actually paid on time anyway so no harm was done.
To mitigate this happening again. I asked to move my payment date back two weeks to the middle of the month. I’m now paying two weeks further in advance and have the same payment so they have the benefit of holding my money for two weeks.
Whilst I understand your point and concede there is an issue.
365 interest charges and then collecting monthly payments and issuing yearly statements will always result in timing issues.
At the time I went through my account very carefully and there are some times when they have my money and things don’t add up.
These are very very negligible, in the context of a whole mortgage balance and I’m certainly not bothered by it.
I wholeheartedly accept the point you are making and the contract is important and should be correct.
My struggle here, why would people care? Most people are generally grateful they can leverage an investment and make a better return.
In your particular case, what outcome are you looking for?

peter cookson

8:42 AM, 11th November 2018, About 6 years ago

Hi Tim
I was actually in credit when they repossessed me , they said Arrears were £981.00 on one roughly the same for the other (3) my case is complex in understanding but a fantastic way to scam !
They made the total owed after a few months
£246,000 .00 , they got paid out , but told a judge they were out of pocket , in brief it is a coordinated ( PPI) scam that is hidden within Mortgages.

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