My Last Hope

[alarmed]

Ok first off, i have to say thanks to you all, at least i can see some light.

Right im going to make an application to the Bar Council Pro Bono department, to do this i need to get all the information that i can, so will need to send a Subject Access Request (by rec. delivery) along with my letter. PriorityOne thanks and can you point me in the right direction for a S.A.R template which i will send to both Bradford and Bingley and Optima Legal on recorded delivery.

I will then make an application to the Bar Council and try and find a solicitor to represent me.

How does that sound to you guys ?

[PriorityOne]

Sounds like you're a little more positive....

Ok... here we go. I've adapted the S.A.R - (Subject Access Request) to include some additionals. If you can afford to send them Special Delivery, please do.... because Optima have given you the 7 days and IMO, you need to let them know that you're going to have a go at challenging this now.

If you really cannot afford to post them in this way, then rec. delivery will be fine, providing you keep hold of the receipts and 'phone the number on the back to check that each item has been delivered (more reliable than checking with RM online). Due the the BH weekend, they won't be able to go until Tuesday anyway, which gives peeps on here enough time to add/delete/comment on the letter below. IMO, you need to contact the Bar Council before this info., comes back... don't wait around.

I do not have the HO address for Optima, but the B&B address is shown. Don't forget to include the £10 cheque/postal order for each one.

Bradford & Bingley plc
Group Legal Department - H18
PO Box 88
Croft Road
Crossflatts
West Yorkshire
BD16 2UA

Dear Sir/Madam,

Your Ref : xxxxxx

Data Protection Act 1998 - Subject Access Request

Please supply me with all of the personal data that you hold to which I am entitled under the Data Protection Act 1998.

In particular, I require a complete list of transactions and charges relating to my entire history with your organisation including, but not limited to, the following :

a). A full transcript of all transactions, including charges, fees, interest, repayments, payments and, both the original amount of the mortgage and all balances on the account since the mortgage was first taken out, up until today.

b). Full transcripts of all telephone conversations and any notes made in relation to telephone conversations by your company, or by any company who you claim to represent, or who is representing you.

c). Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention.

d). True copies of any Notice of Assignment and/or Default Notice that may have been sent to me, including documentary proof of delivery.

e).Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f). Full details of any claim that was made on the Mortgage Indemnity Insurance.

g). Details of any collection charges added to the account since it was first opened; specifically, the date they were levied, the amounts, a detailed financial breakdown of how these charges were calculated, and what the charges covered.

h). Specific details of any fees/charges levied by any other company/agency in respect of this account and a detailed breakdown of these fees/charges, what each charge relates to and on what dates these fees/charges were levied.

i). A genuine copy of any Deed of Assignment, or other documentary evidence (equitable or absolute), either issued or received, that gave a third party company the legal authority to pursue this matter.

j). A genuine copy of any Fair Processing Notice, as required by the Data Protection Act 1998.

k). A complete list of third party agencies to whom you may have disclosed my personal data over the years, together with a summary of the nature of the information you have disclosed.

l). Documentary evidence of any County Court Judgement, including the balance upon Judgement and any documentation relating to the application of post-Judgement interest.

m). A copy of your Complaints Procedure.

n). Clarification of the date when any third party company acquired the alleged balance on this account, what organisation they acquired it from, their registered office, their company number (if any) and what legal title they had at the time that the alleged debt was assigned.

Under the Data Protection Act 1998, I require this information to be furnished within the next forty days. I enclose the statutory maximum fee of £10.

Yours faithfully,

[tomterm8]

Originally Posted by alarmed

Ok first off, i have to say thanks to you all, at least i can see some light.

Right im going to make an application to the Bar Council Pro Bono department, to do this i need to get all the information that i can, so will need to send a Subject Access Request (by rec. delivery) along with my letter. PriorityOne thanks and can you point me in the right direction for a S.A.R template which i will send to both Bradford and Bingley and Optima Legal on recorded delivery.

I will then make an application to the Bar Council and try and find a solicitor to represent me.

How does that sound to you guys ?

I would contact shelter, the national debt line and/or the citizens advice (ask for tbheir specialist debt team) as well...

But, basically, it sounds good to me.

[alarmed]

Thanks PriorityOne

Letters done and ready to go and i will contact the Bar Council asap, I do feel more positive now i can see how to fight this , it feels as if some company or other has been pushing me around all my adult life.

I will get them sent first thing Tuesday morning special delivery, and thanks for your help, i will keep you posted

[stanroyal]

Warning - I am a total non-expert - but I have heard recently that people have successfully challenged mortgage companies who have sold their homes on the cheap. Is all of the 22K shortfall legal - did they get the correct market value at the time for the property? You can research the market value of similar properties in your area and if they gave it away - the original 22K may be altered substantially (I think?).

Good luck to you.