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    • 4 th time we've merged your threads  for complete history of your story please keeps to one thread
    • @dx100uk @ anyone else interested in Fighting HSBC UK  Staff/department non compliance and incompetence/interference in between HSBC UK and customers.   I wanted to know what you guys had to say about the reply i got from HSBC UK today.    Recap. I originally turned to HSBC UK to be reunited with Money i saved in accounts that where frozen and made dormant during the year 1995.   HSBC UK Teams tell me that HSBC UK only allows them to have access to account records dated back 6 years. there for they do not have the records, can not locate the records i requested for in my SAR. there for HSBC UK teams Ignored my SAR application for records of accounts made frozen and dormant during the year 1995. HSBC then claim if the accounts where closed they will no longer hold records of these accounts and tell that to the ICO. I again explained to HSBC UK and the ICO the records of accounts where left frozen and dormant.   HSBC UK teams continue to tell me over the phone that The records i requested for in my SAR, will not be located or do not exist because HSBC only allows them to have access to records of accounts dated back 6 years.    I returned to HSBC highlighting there is no such provision in the Data Protection Act.   HSBC UK teams today totally ignored my complaint again and confirmed with me they are classing my complaint as wanting to locate accounts that where closed.   Let me know what you think about the  HSBC UK teams response to my last complaint. Is there any other letters i can send them to confirm thay are not correct about what they have done.    The HSBC UK letter starts of by:You've been unable to recover funds you held in HSBC UK Accounts that were closed in 1994 to 1995, and to obtain the account details for the accounts concerned. You've been advised that we only retain records for up to 6 years, but you've been unable to locate any provision for this within the Data Protection Act (DPA). You require a Certificate of Destruction from HSBC UK to evidence the destruction of the data concerned. You feel your Subject Access Request (SAR) has been ignored by HSBC UK.   HSBC UK Teams now go on to explain: In respect of you being advised we only retain records for up to 6 years, but having been unable to locate any  provision for this within the Data Protection Act (DPA), I can confirm that under the DPA, we are obliged to only keep records for as long as we deem necessary, in order to effectively manage our data. So, for most cases, this will be for no more than 6 years.   In regards to your request for a Certificate of Destruction from HSBC UK to evidence the destruction of the data concerned, I regret that this isn't something that we can provide, as we don't keep records of when individual customer data was destroyed. I'd also like to clarify that if the accounts concerned were closed after becoming dormant, that we would have sent you closing statements at the time.   Lastly, I'm sorry you feel we've ignored your SAR. I want to assure you that we'll always look to accommodate a request for a SAR as best as we can. However, if we're unable to locate the account details and information required, this will mean we're unable to fulfil the request, which has unfortunately been the case on this occasion.   How else do you think i can highlight to HSBC that the teams dealing with My complaint, and request to be reunited with my money is not going to departments that can deal with my demand for services.?  
    • Hi   I have to agree if you have paid off the debt owed to them via this meter and are up to date on your bills  I would look at changing supplier and as said asking new supplier to install a standard meter and look for the best deals for you.
    • I have severe anxiety and going to leave my job and have been invited to a meeting but dont wish to attend that is three hours away from where I am. Can I legally give the  permission to decide without my being there? I cannot handle going as I know I'm going to be fired anyway as on my final warning. I'm also giving in my notice this week too! This job is just too much for me now and I cannot work here any longer. It's no good for my health and sanity  I am sick to my stomach thinking about going and about to hand my notice in anyway    
    • Thankyou it’s because I’m awaiting the outcome and a friend said I will be turned down as I asked them a while back if I had ppi on the account and how much it was and they replied.  But they did only send me a short confirmation with the amount and that they trust that answers my enquiry. i just wanted to be prepared if they wouldn’t turn me down based on that. Thanks for your advice on that mate 
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jimbo45

Bank can SEIZE property WITHOUT a Court Order

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Hi all

The more I look at the whole area of Consumer debt it seems the more and more one sided the whole business is loaded against the individual in favour of Banks (we all know how much HELP they have got) etc.

 

Sometimes I think you might have got better Justice in such well known spots of Human Liberty such as Zimbabwe, Iran etc etc.

 

I saw this piece wherby it seems Banks can re-possess a property WITHOUT any Court order at all forr just 2 (yes TWO) missed mortgage payments -- this is quite recent (June 2009) and surely flies in the face of HMG requesting Banks etc do everything possible to STOP re-possessions etc.

 

Worrying isn't it that as consumers we have almost NO rights - It's fine when everything is above board etc - but sometimes for NO FAULT OF THEIR OWN people's circumstances change for the worse --this is the time they NEED extra help and consideration -- not be faced with EXTORTIONATE CHarges, agressive debt collectors and Re-possessions.

 

Repossession: Homes can be snatched after two missed payments | This is Money

 

Cheers

jimbo

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Hi Jimbo

 

Yes this the law as it stands, and GMAC pulled exactly this stunt on me a couple of years ago.

They appointed an LPA Receiver (Law of Property Act 1925) this allows a Receiver to be appointed after 2 monthly payments have been missed.

I should stress that this should be for commercial mortgages.

GMAC attempted to apply this to Buy to Lets.

I built up 2 months arrears over 6 months due to a sticky tenant. GMAC sent a 7 day letter and then appointed a Receiver who put the property straight into auction. The Receiver was Allsop the auctioneer, so no conflict of interest there. I was fortunate that a remortgage was arranged in time, just.


Regards

 

on*the*case

 

Never Give Up! Never Surrender!

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Was the case above a buy to let as well?


Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Was the case above a buy to let as well?

I dont know. I dont think it is possible though for a residential mortgage to have a receiver appointed without a court order. If it was workable then scumbags like Capstone would do it.


Regards

 

on*the*case

 

Never Give Up! Never Surrender!

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I have a portfolio of properties with Mortgage Express (part of the Bradford and Bingley Group). The properties are all on Buy To Let mortgages with them. As the credit crunch started to hit some of my Tenants last year and with the Council paying the Tenants direct, some of the properties got in to arrears by two months. Some had no arrears and a couple were actually in credit by about half a month. The Lender appointed an LPA Receiver and told me I was to have nothing to do with the properties any more and told the Tenants they must not talk to me. Even though some of the properties were not in arrears they took the whole Portfolio and said that even if there was only one month arrears on a few of the properties they could still appoint a Receiver on all properties as there was a total of two months arrears within the portfolio. They have had the properties over a year now and have collected no rent at all on most of the properties, thus causing an even bigger debt than would have occurred and the properties that were in credit are now majorly in arrears. They have let the properties fall into disrepair and after the council tried to summons them for the disrepair of two properties they said they are no longer responsible and wrote to me to say they were handing the properties back to me and if I don't carry out the work I would be breaking the mortgage deed terms etc. Despite numerous requests for details of the schedule of payments received by tenants, especially where I have heard some Tenants have now left the properties owing more money which the Lender will chase me for, they will not give me any information so that I can pursue the Tenants that left with arrears. They are not doing anything about the rent arrears. One tenant has queried rent they paid which has not been accounted for and the Receivers will not give me the information and the Lender is not interested. It looks to me as though the Lender and Receivers are in collusion, I wonder what sort of backhanders are going on.

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I have a portfolio of properties with Mortgage Express (part of the Bradford and Bingley Group). The properties are all on Buy To Let mortgages with them. As the credit crunch started to hit some of my Tenants last year and with the Council paying the Tenants direct, some of the properties got in to arrears by two months. Some had no arrears and a couple were actually in credit by about half a month. The Lender appointed an LPA Receiver and told me I was to have nothing to do with the properties any more and told the Tenants they must not talk to me. Even though some of the properties were not in arrears they took the whole Portfolio and said that even if there was only one month arrears on a few of the properties they could still appoint a Receiver on all properties as there was a total of two months arrears within the portfolio.

 

Sadly that is the Law. The LPA dates from 1925 and never foresaw the BTL boom. An attempt at an amendment was made recently; that a court order would be required before the appointment of a receiver, but it didnt happen:|

 

They have had the properties over a year now and have collected no rent at all on most of the properties, thus causing an even bigger debt than would have occurred and the properties that were in credit are now majorly in arrears. They have let the properties fall into disrepair and after the council tried to summons them for the disrepair of two properties they said they are no longer responsible and wrote to me to say they were handing the properties back to me and if I don't carry out the work I would be breaking the mortgage deed terms etc. Despite numerous requests for details of the schedule of payments received by tenants, especially where I have heard some Tenants have now left the properties owing more money which the Lender will chase me for, they will not give me any information so that I can pursue the Tenants that left with arrears. They are not doing anything about the rent arrears. One tenant has queried rent they paid which has not been accounted for and the Receivers will not give me the information and the Lender is not interested......

 

In theory the receiver is acting in your interest, while protecting the lenders asset. I bet you are comforted by that :evil:

 

I took legal advice when I had the LPA receiver appointed, the solicitor was not experienced in LPA and referred me to an Accountant with insolvency experience. The advice was to get shot of the LPA receiver any way possible and as soon as possible.

The properties that are being returned, can they be turned into cash? A fast sale or auction may give you enough cash to negotiate with the Lender?


Regards

 

on*the*case

 

Never Give Up! Never Surrender!

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Louisa sorry to hear about your experience with Mortgage Express

 

Mortgage Express it seems are scumbags, they have to pay back the government! The government are aware of their tactics! They do use the 1925 Law of property act to grab portfolios. We need to collate information to fight these tactics. If anyone has any suggestions they would be gratefully received.

 

Incidentally does anyone have an original copy of Mortgage Express's 2004 Mortgage conditions?

 

Any information on Templetons and Walker Singleton the LPA receivers they instruct would be useful.

 

OTC do you have any details on the case you refer to?

 

Kind regards,

 

PL

Edited by pigland

Pigs do Fly!

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