Lloyds TSB Mortgages - in court tomorrow - need urgent help!!

[cerberusalert]

What was the exact wording of the judgment? Remember the judgment supersedes any previous agreement.

[gideonssword]

Just a Concern, the house was originally repossessed in February 1999 i hope that the bank as kept a copy of that Mortgage account after all this time.

 

I am convinced HL Interactive who acted on Lloyds TSB behalf are hiding something when i said lets go back to court to have the interest looked at they practically begged us not to go back to court, even the guy from the citizens advice bureau said it set alarm bells ringing in his head.

 

i wish i knew cag back then and gone to the original hearing, hindsight is a wonderful thing.

[gideonssword]

Can a creditor refuse to supply a Subject access request {SAR}

 

What sort of timescale do they have for compliance?

[dx100uk]

no

 

and 40 calander days.

 

dx

[gideonssword]

does that include Saturdays and Sundays?

 

or is it 40 Working days,

 

Thank you dx100uk

[up2meears]

Hi Gideon,

 

Yes it does!

 

It is 40 calender days. I usually start the countdown once I see it has been delivered on the Post Office website.

 

Good luck

 

Up2

[dx100uk]

urm..thats why i said calendar days....

 

dx

[gideonssword]

Sorry dx

 

its been one of those days LoL

 

i written twice to Lloyds TSB to get a copy of my Mortgage agreement and on both occasions they did not even reply.

 

so it is now a SAR request which they signed for by recorded delivery last Friday so its countdown,

 

They are not getting away with this i will follow all necessary action.

[Bandit127]

I would raise an official complaint on that.

i written twice to Lloyds TSB to get a copy of my mortgage agreement and on both occasions they did not even reply.

[gideonssword]

Is this Address correct?

 

Before i requested a SAR or a copy of my mortgage agreement, i spoke to the department that deals with Mortgage shortfall debts and the lady on the phone said write in for the information to this Address bearing in mind the account belongs to Lloyds TSB the lady said write to C&G P O Box 4 Gloucester GL4 3ZY

 

I know that Lloyds TSB own C&G or a vast percentage of it but i am worried that the address is wrong.

 

I hope i have not sent my Postal order to the wrong Address but that is where i was told to post it.

[spartathisis]

SAR really ought to go to the Data Controller direct, otherwise it may involve a delay being passed on from dept that receives it to data c.

 

The Data Controller

LLOYDS TSB BANK PLc

25 GRESHAM STREET

LONDON

EC2V 7HN

[gideonssword]

In a CCJ If something out of place was discovered in a mortgage agreement relating to the CCJ, and the repayment of the CCJ is now under a Tomlin agreement,

 

Can you never apply to have the Judgement set aside?

 

Considering one of the points of the Tomlin agreement was that we would agree to withdraw application to set aside judgement.

 

I am devastated to have had such bad advice from someone, i had no idea what a Tomlin Order was i was just given a piece of paper to sign.

[citizenB]

I have moved your thread to the Legal issues forum where I am sure someone will be able to advise.

 

If I understand you correctly - you had applied to have a CCJ set aside - on advice you agreed to enter into a Tomlin order on the understanding that you would withdraw you application to set aside.

 

You have subsequently discovered there was a error in the Mortgage agreement - non payment of which was the subject of the CCJ !

 

Yes, ?

[citizenB]

gideon, can you please give us more information in order to advise you correctly !

[BRIGADIER2JCS]

Normally a Tomlin Order is made to avoid a CCJ, but as I see it any party can apply to the court to vary such an order, as CB says more information please.

[gideonssword]

Received a letter today from Lloyds TSB regarding a mortgage shortfall.

 

The letter states that a company named Shoosmiths of 3 Hardman street, Spinningfields, Manchesster are now acting on Behalf of Lloyds TSB regarding the Mortgage shortfall and will contact us shortly.

 

This is despite us having a standing order set up with HL Solicitors for which we pay a set amount each month.

 

Do i ask for a deed of assignment as it is already under a CCJ?

 

Should i cancel my Standing order to HL Solicitors?

[BRIGADIER2JCS]

You are not entitled to the deed of assignment only a Notice of Assignment which you have in this letter, Shoosmiths are Solicitors.

Cancel nothing until you hesr directly from Shoosmiths.

[gideonssword]

Thanks Brigadier.

[Bandit127]

When you say that "it is already under a CCJ" do you mean from the possession hearing?

 

Or do you mean that a repossession occurred, the property was sold, a shortfall was realised. For whatever reason, a claim was then issued for the whole of that shortfall and judgement was awarded against you?

 

The two are quite different (as I have learned myself).

[renegadeimp]

I recognise HL solicitors. Arent they just a DCA with a glorified name? I remember somethign a while ago, and think Hamptons have something to do with it.

[BRIGADIER2JCS]

More or Less, have a look at their record!!

[dx100uk]

urm...

 

this smells

 

how did you get caught up with HL?

 

if THEY did nt take you to court

 

them something smells

dx

[gideonssword]

we had our home repossessed in 1998 but HL acting on behalf of Lloyds TSB took us to court in September 2006 for the shortfall the judgement was entered against us by default as i failed to contest it.

 

I sent Lloyds TSB a SAR request on 1st September now today this letter comes from Lloyds TSB to say that Shoosmiths will now be handling things

 

we are paying HL a certain amount each month by standing order, we got the interest frozen after they begged us not to go back to court again to have a look at the interest.

[gideonssword]

The strange this is when i spoke on the phone to Lloyds TSB before sending off the Sar request they could not find the Account details at all, it is only when i mentioned my wifes name that they found it.

 

The letter received today from Lloyds TSB was in my wifes name only.

 

The mortgage was a joint Mortgage.

[dx100uk]

"we are paying HL a certain amount each month by standing order, we got the interest frozen after they begged us not to go back to court again to have a look at the interest."

 

 

ALARM BELLS..

 

this smells.

 

dx