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Everything posted by stress

  1. Pre Action Requirements 1. Standard arrears letter 2. Notice of default 3. Calling up notice 4. Decree for repossession. I believe that the only time a lender can evict any one from a property is only after decree has been granted, am I wrong?..
  2. Confused!. Maybe someone could shed some light as to how this is right. I bought a property for my mother to live in, I got into difficulty paying the mortgage due to divorce proceedings. The lender was sending correspondence to my mother’s address not the contractual address the mortgage was taken out on (my address) the lenders told my mother to vacate the property giving her 2 months to do so, this was done before any court decree was granted, she moved out exactly 2 months from date of letter! Decree was granted to the lender 6 days later. Can’t get my head round this bit, I was confirmed
  3. Mother occupied 100% of the property!... must be regulated if more than 40% is occupied by spouse, parent, brother, sister Formal compliant to lender came back stating "we have investigated your compliant sorry you felt the need to complain good bye" nothing to say we think this is what has happened or our records show, Just we have investigated your compliant.
  4. On the Mortgage application the tick box stating "will the property be occupied by a relative" Yes was ticked but I think this has gone unnoticed when being prepossessed. If the property is occupied 40% by parent, brother, sister spouse then must be regulated. Would do me no harm to contact the new Financial Conduct Authority they might be able to shed some light.
  5. http://www.legislation.gov.uk/uksi/2001/544/article/61/mad The Financial Services Market Act2000 (regulated activities) order 2001 article 61(3)(a)(ii) & (4)©(iii) also the contents of MCOB 1 Annex 1 being carried out in relation to a regulated mortgage contract. section 2(1) of the Misrepresentation Act of1967 I can’t understand how my Mum got kicked out, it took over a year to repo property! three months after kicking her out I got demands for payment. F.O.S I can re apply my compliant not happy to do that, BCOB is the way forward. Q. Regulated would they have kicked
  6. I fell behind in payments, the lender did not send any formal letters to my contracted address, I complained that I was not receiving correspondence from them. In a letter to my mother from the lenders Sols, it stated that my mother was not my spouse. It gave her 2 months from the date of the letter to vacate the property! In formal compliant the lender now states my mother left of her own free will, I have the letter from the lenders Sols who refused to give me a copy until I got F.O.S to intervene and demand I get a copy of the letter! I know my mother occupied more than 40% of the property
  7. My son was visited 3x by Marsdon for non payment of speeding fine, I refused peacefull entry and referd them to Form EX345 page 5. “Civilian Enforcement officers will notcharge you anything for their work” £300.00 on top of his fine, wrote to the court manager accuesing marston of misfeasance, they recalled the distress warant as I made it clear Marston refuse part payments, the contract for magisrates court to 4 bailiff companies cleary state they can only charge from the fine owing!.. as the thread above was over charged more than the fine this can be cliamed back, small cliams. http://www.c
  8. Thank you for tidied thread, this is a complex case in cross border disput, will it also be seen in England. Thanks?
  9. Hi, found yous by mistake but very good reading!.. Could any one shed some light! I purchased a second property for my mother and it was non regulated, she occupied it 100% for 4 years. my lenders Solisitors instructed my mother to move out giving her a date to do so, she was told she had no rights to occupy or go to court for stay of eviction as she was not a spouse or child of mine. Dispite removing my mother, it took the lender 1 year to get a decree and another three months to repossess the property. I have been fighting this case for some years, lender has made some com
  10. Hi, Could any one shed some light! I purchased a second property for my mother and it was non regulated, she occupied it 100% for 4 years. my lenders Solisitors instructed my mother to move out giving her a date to do so, she was told she had no rights to occupy or go to court for stay of eviction as she was not a spouse or child of mine. Dispite removing my mother, it took the lender 1 year to get a decree and another three months to repposses the property. Q. If the property had a regulated mortgage would she have had any legal rights? Thanks in Advance
  11. they did and got p.... Off, i am asking sales of goods act is tort of law offrer or offerree a token payment has been taken, can we the purchesers persue a resilution in court? small cliams? landlord is tennant to brewery!
  12. A. is 85yrs of age, he has his b/day at local pub of 45 yrs, he drinks whisky (not a lot) party friends buy him 4 x whisky, he not heavy drinker, and thinks he will take reciepts for purchace and have next day!.. Next day he is told No you should have dunk them on day... he still has reciepts but will not return to pub as he feels offended, can some one give law of tort, or sales of goods act as to how to move on with this? ex RAF 1936 - 1950
  13. rebil11, Your a star!.. again many thanks Stress
  14. Hi Rebil11 Thanks for speedy reply!.. Many thanks Stress
  15. Hi, all Just received my subject accesses request from my data controller! all looking good, problem is my computer crashed and all the correspondence to them was lost. Can i write to them and ask for a true copy of my letters i sent them
  16. Hi CitizenB The SAR had the correct address and the DCA wrote back to me at the new address, i am calling the information commissioner today! I have a up and coming court Case with the DCA and was trying to find what part of the DPA they broke? they have made some unbelievable mistakes this is just one of them but it is better to have everything in place before i go to court.
  17. It was opened and read by the occupiers who told my friend about the SAR!.. have looked at DPA and cant find anything that said they have acted irresponsible, did they forget the other 2yrs Data? Thank you for reply Mrs E blackadder
  18. I wrote to my DCA with the correct fee requesting my subject access request, they wrote back and said they would send it soon, I then got a letter saying that they had sent the SAR by courier but i was not home and could i contact them to make other arrangements. I didn't contact them as i had other problems to deal with at the time! about two months later i received a phone call from an old Friend he said that the people living in my old address in another town had my SAR? he kindly posted this to me. I took a loan out in 2005 but the SAR only started from 2007 Is the DCA in breach
  19. Hi i wrote to my DCA asking for my subject access request with the correct fee of £10.00 They wrote back and confird that they would send it, i then got a letter saying it had been sent to me but returned to DCA as i was not at home could i contact them and make other arrangments, i was in no rush and forgot about it for somtime. About 2 months later i had a call from an old naighbour in another town saying he had a letter from the new tennants in my old house! he told me it was my Subject access request? he kindly posted it to my address. I found that they had only gave data from 2007 but
  20. Thanks DD ij and all the DCAs are nasty! looking and learning on this site, i have leaned a lot! another DCA was giving me grief so i told them that my phone number was private and only for them to call at my invitation only! Also set up a password for them to give me before any calls to my phone. It goes like this "Protection From Harassment Act 1997 s1 i understand the act" they must quote this before i allow them to speak! no calls since!!!
  21. No not Nat West! Don't think OC is part of RBS Group But will check to make sure, the OC is registered as a Data controller with ICO but my CCA is with RBS! Third party!! OC Data controller does not have CCA DCA Data Processor does not have CCA Told by DCA to get CCA from RBS
  22. I have had a look at data Controller and Data processor as per data protection Act, OC Data Controller DCA IJ Data processor, address for CCA RBS Data Who? In the letter from IJ they state thay are Data Processor and my OC is Data Controller, on checking the address to send CCA it comes up as RBS? not the original OC! Am i wrong to think this is a nice letter? Still sitting on my hands and not heard from IJ
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