Mortgage, CreditAgricole ,BirminghamMidshires, Halifa x, HBOS, CurtisSolicitors

[stan5131]

I am trying to find a link between Colleys and B&B. If B&B are linked to Halifax then that would help. Also, they used Hammond Suddards solicitors and there are loads of litigation fees, but I cant get to to answer the simple question of whether this was done in house or not.

[TideTurner]

Birmingham Midshires is a commercial bank in the United Kingdom, a subsidiary of Halifax plc (part of HBOS). It is headquartered at Pendeford Business Park,Wolverhampton, England and has offices throughout England. Previously it was a building society, known as the Birmingham Midshires Building Society.
The Birmingham Midshires was formed in 1986 by the merger of the Birmingham and Bridgewater and the Midshires Building Societies. These societies could trace their routes back to 1849 and were themselves formed by the mergers of the following societies: Liverpool Building Society, Wolverhampton and Mercia, Bristol Equitable Permanent Benefit, Swansea & Gower Permanent, and the Warrington Workingmens' Permanent.
In 1999, the Birmingham Midshires Building Society agreed to a takeover bid from the Royal Bank of Scotland. However the deal collapsed when Halifax plc tabled a more lucrative offer. Halifax itself became a part of HBOS plc when it merged with the Bank of Scotland in 2001.
On 15 September 2005 Birmingham Midshires announced it was planning to close 48 of its 67 branches, through a phased programme concluding in March 2006, and the conversion of the remaining outlets to the Halifax brand. Customers were given the option of banking at their nearest Halifax branch and the 470 full and part time BM employees are to be offered an alternative role at the company or within the wider Halifax branch network.
Today the Birmingham Midshires remains a separate division within Halifax plc, and offers a range of specialist mortgage and savings products. When Birmingham Midshires became part of the Group in April 1999, it had savings balances of £5.9 billion and mortgage assets of £9.2 billion. BM savings balances have doubled since then to £12 billion; mortgage assets have more than trebled to over £32 billion.

[edit] Source

• [http://www.askbm.co.uk/ BM website press release "Birmingham Midshires Business Strategy" 15 Sept 2005

[TideTurner]

Stansfield, focus your efforts on all information you HAVEN'T received. Colley's are a High Street firm of conveyancers, owned by the HBOS Group. Who were the legal services provided by? Were these listed in your original statements as "Solicitors Fees" or do you believe you were led to believe the excessive charge was because the services provided were from a firm of Solicitors, when they were from an internal department? Insist on details of all charges made - you sound like you can hold your own. I telephoned the Lender after each letter and insisted on answers. When they said they didn't have the information available, I said I'll hold while they get it. I made notes of all telephone calls, dates, times, who I spoke to, what was said and intend to claim for these. If you've paid for it, find out what you've paid for.

Then go get 'em.

[Nightmare4banks]

TideTurner in reply to your post:

1.You should be able to sue the mortgage company for the shortfall between the market value at the time of the sale less the actual selling price that was acheived plus simple interest i.e. 8 % per annum - County Court Rate.I would have thought from the date of the sale.However,a person with more legal knowledge should be able to help you more here.

2.In order to assist to justify your claim you should mention the following precedent case that went to the Court of Appeal:

Skipton Building Society V Bratley & Another

3.The link to this case can be found here:

http://www.swarb.co.uk/lisc/Banki20002000.php

Basically,in your case the mortgage company was negligent in failing to obtain the maximum price for you at the time.

4.Regarding the loss of your possessions:

You would probably need supporting evidence on your part.

5.Regarding Colley's I think they were owned by Bradford &Bingley Group then sold onto the HBOS - Halifax Bank of Scotland who incidently own Birmingham Midshires.

If you need any help regarding working out a valuation for the property,let me know.

6.IN ORDER TO APPLY THE ABOVE MENTIONED CASE PROPERLY

You should look at the values of all the other properties that sold in your postal code area or closest proximity to it and then take the average price.Of course taking into account the type and condition of the property i.e.terraced,end terraced and semi-detached etc.

7.Regarding any undisclosed information,do a DSAR - Data Subject Access Request and send £10 to each party(template letter can be found in the library on this forum).Any company has 40 days to comply.You will also nee to send proof of id and proof of address i.e.copy of passport & copy of utility bill.Otherwise the company would be within its rights not to send you the requested information.Do not give any company an excuse to stall or delay in any shape or form.

I hope you find this information useful.

If you have any questions,just ask.

Keep us posted.

All the best!

[TideTurner]

Many thanks, the very fact that somebody looking at this is in my corner is very reassuring - after 4 years of people telling me I'm fighting a losing battle.

I have put two claims in my N1, one for the shortfall and one for loss of appreciation.

My property quadrupled in price in the first 12 months after sale, and as the cause of the repossession was brought about by the defendants, I intend to argue that had I remained in the property, I would have an asset worth four times 6+ times what it was 'disposed of' for. This represents a loss.

If I am to be placed in the same position prior to any wrongdoing, the defendants would have to purchase a similar property in the same are, which would now cost £120,000.00. This represents my loss.

There are also other things I will be claiming for like Invasion of Privacy (Articl 8, Human Rights Act 199. Prior to repossession, they sent around somebody who peered through my windows and letterbox, quizzed my neighbours, made notes and forwarded them to Birmingham Midshires, who placed the contents of my hallway into their computer notes for all to see!

This practice is called a 'walk-by' and is an assessment of the property inside and out.

How would they react if I walked up to their front door, opened the letterbox, made a note of the contents and posted them onto an intranet or website. My partner is shocked. They won't give me the dates or details of who attended. What if we were having a private moment when the letterbox opened?

Sick, and completely invasive - and totally illegal

Sorry for ranting!

[stan5131]

Tide and Nightmare, yes it is very reassuring to find someone fighting a similar battle. We are not alone and can help each other along the way x

[stan5131]

What is interesting about Colleys, is that if they WERE owned by Bradford and Bingley at the time, then they did not do an independent valuation.

[Nightmare4banks]

Hi all!

Just like to mention one thing,TideTurner regarding your posts:

Anyone that tells you you are wasting your time in persuing a claim for the shortfall in the selling price is talking out of his/her a**!

It is all a matter of proper negligence on part of the mortgage company and nothing more!Also,you have got a previous precedent case that was successful at the Court of Appeal in favour of the mortgage payer - as I mentioned in my previous post.

Regarding the appreciation value this is something I must admit that I have not come across/explored.

[Nightmare4banks]

stansfield5131,in reply to your post:

I totally agree with you,nobody is alone here and we will see to help each other to the bitter end with these companies.

[TideTurner]

That's the way they make you feel - as if YOU are the one who is in the wrong. Let's see in 2007 what happens. I have a 7 page N1 Claim ready to go.

Has anybody claimed damages on the grounds that because of the direct actions of the Lender in making charges, you have been affected eg.

Loss on Sale
Loss of Appreciation on Property
Loss of Fixtures and Fittings (Chattels)
Stress
Invasion of Privacy (Article 8 Human Rights Act 1998)
Breach of Contract (UCTA 1977, UTCCR 1999)
Unlawful Charges (UCTA 1977, UTCCR 1999, Supply of Goods & Services Act 1982)
Unlawful Provision of Personal Information (Data Protection Act 1998)
Threats / Intimidation (S.40 Administration of Justice Act 1970)

I will not only be looking for the repayment of charges, but as I was given ONE HOUR to retrieve my possessions from my property, I will be seeking damages. This includes damages for actions made by the Defendants prior to repossession. My information has been provided to 32+ companies without my authorisation, which I have included in a flow chart which will go to the Courts.

I consider this to be a complete violation, especially the 'Walk By's', where the lender sends somebody out to your property to take notes of the INTERIOR by looking through your letterbox, exterior, and quizzing your neighbours as to your whereabouts / lifestyle.

Is it acceptable for anybody to do this?

Costs?
Interest?
Damages?

Anyone?

[stan5131]

yes, Roberttx one of the moderators has done this. he has a thread on it.

[TideTurner]

Many thanks Priority1, Nightmare4Banks, and Stansfield - all the very best for 2007. Onwards and Upwards!

[TideTurner]

Cheers Stansfield - will take a look. Nice Avatar!

[TideTurner]

Stansfield, do you have any charges for valuations? If so how many?