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

[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?

[stan5131]

If so, they are not showing on any of the statements, but then again, everything has been concealed on the statements.

[TideTurner]

When I requested copies of all of the valuations, those who performed them were blacked out. I telephoned BM and told them I would hold whilst they explained and provided details of charges which I picked at random from my statements. They could offer no explanation. I told the it wasn't good enough, and I would be putting my request in writing. I wrote to the person I spoke to demanding every charge was explained. Where they had used external firms or solicitors, I requested the identity of these.

 

You are entitled to a detailed explanation of everything you have been charged for. Don't be fobbed off.

 

Also specifically ask for the rates used when applying charges or interest. This will form part of one of your main arguments with respect to Unfair Contract Terms and Limitation.

[stan5131]

Basically, we have asked and asked for this imformation. We cant get them to give it. They have more or less told us that we have got all we're getting and how dare we be questioning it now! I have wasted my last breath/ink on them. Its court issue on 8th Jan.

[TideTurner]

So be it.

 

Get the name of the head honch of the department who are denying the information, and make sure the Court is aware of all requests you have made. Should they refute any of your claims, THEY WILL HAVE TO JUSTIFY THEIR CHARGES.

 

Also, I wrote to each member of the board, informing them that I was being denied info. They cannot at a later date deny they were unaware that information was being withheld unlawfully by any member of their company and are therefore liable for the actions of their staff.

 

Have they been specific as to the reasons why they believe you have had all the information you are entitled to?

[stan5131]

Their response has been "if you cant understand the info we have sent you then we suggest you find someone who can"! How do I find out who the data controller is as I have heard before that judges would have threatened them with imprisonment had they known their name.

[TideTurner]

They are the Data Controller and will / should be registered with the Information Commissioners Office. They have a duty to you to ensure your information is held securely, and is not communicated to any third party without your consent. They must ensure that anybody they provide your information to is regulated, and be able to show the Court that they have exercised all reasonable avenues with respect to their duty of care to ensure your information remains secure and is not used for illegal or improper purposes.

 

Upon registration, they are under obligation to provide you with all information they hold, where you are considered to be the subject, or information relating to any contract you have with them, providing you are the main data subject.

 

The failure of a Data Controller or Data Processor to conform to legitimate requests of them made is a Criminal Offence.

 

I may be mistaken, but I have read mortgages are not agreements made under the Consumer Credit Act 1974, which is so often quoted by debt Collection Agencies. Quote "You will have signed one of these in your original agreement".

 

If the Debt Collection Agency (DCA) are not registered with the Department of Trade and Industry AND the Information Commissioners Office (ICO) they should not be processing your information.

 

In my case, some Private Detective idiot is making a living by doing searches on the Credit Reference Agencies (CRA's) and then providing this information to the DCA's.

 

Check your current Credit Record with Equifax, Experian and Call Credit.

 

Any wrongful information put out by these may be seen a defamation of character. Also, they have no rights to store, process or provide ANY information which has not been made readily available in the public domain by the Courts eg. CCJ's, Bankruptcy etc.

[TideTurner]

N1 goes in tomorrow, I've spoken to my Solicitor with respect to damages on top of charges and interest, and have been given the go ahead.

[stan5131]

Great stuff. Looks like you and my sis will be neck and neck with this one.

[TideTurner]

Here's some useful links if you need to look at some of the Acts of Parliament mentioned on this site: -

 

Communications Act 2003

Consumer Credit Act 2006

Data Protection Act 1998

Limitation Act 1980

Sale and Supply of Goods Act 1994

Supply of Goods And Services Act 1982

Unfair Contract Terms Act (1977)

Unfair Terms in Consumer Contracts Regulations (1999)

Stansfield, have you heard anything yet?

[stan5131]

Yes. My sister received some papers from the court stating that claim was served on B&B on the 17th.

 

This morning she received a letter from their solicitors demanding that she pay the balance in full within the next 7 days or they are taking her to court.

[TideTurner]

I guess their Solicitors have been contacted by the other side as to the position of the case, and have acted too little, too late - acting 'After the Fact'.

 

Allow the Court process to run its course. If Sis get's any more contact, write to them and bring their attention to your Court action - in black and white.

 

You can then bring this to the attention of the Court (the fact that agents appointed by them to act for them are not up to date and continue to threaten you regardless).

[stan5131]

Cheers for that Tide.

[give_me_it_back]

Very interesting thread... Keep us posted.

[TideTurner]

All, check your contracts for any term where you have provided your permission for your personal information to be processed outside of the EEC

The Fifth principle of Schedule 1 of the Data Protection Act 1998: -

5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

The length of time data must be stored depends upon your contract, and whether your contract is still in force.

Originally posted by M55

It also contains the following phrase 'For the purposes of this application' and the following 'I consent to the data on this application being transferred to the USA for processing'.

SCHEDULE 1

THE DATA PROTECTION PRINCIPLES

PART I

THE PRINCIPLES

The Eighth principle of Schedule 1 of the Data Protection Act 1998: -

 

8. Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

 

You should now ask MBNA whether or not your information has ever been processed in the USA and also for a copy of any legislation upon which they have relied when they have transferred your information. Also, check and double check any authority they have provided them with in respect to this.

 

Further, if you have never had the terms of the contract fully explained to you, and were unaware of this, they will struggle to show that you fully understood any of the other terms of the contract. They, however, having drafted it will have a full understanding of all of the terms.

 

BTW, my first statements from 1991 were provided in dollars, ended up with HBOS.

Thread Consumer Credit Act Agreements

Re: Consumer Credit Act Agreements

SAFE HARBOR LIST

• The organizations on this list have notified the Department of Commerce that they adhere to the safe harbor framework developed by the Department of Commerce in coordination with the European Commission. The safe harbor provides guidance for U.S. organizations on how to provide "adequate protection" for personal data from Europe as required by the European Union's Directive on Data Protection.

• An organization's self-certification to the safe harbor list, and its appearance on this list pursuant to the self certification, constitute a representation to the Department of Commerce and the public that it adheres to a privacy policy that meets the safe harbor framework.

• There are benefits to firms who join the safe harbor, but participation in the safe harbor framework and self certification to the list are entirely voluntary. An organization's absence from the list does not mean that it does not provide effective protection for personal data or that it does not qualify for the benefits of the safe harbor.

• In order to keep this list current, a notification will be effective for a period of twelve months. Therefore, organizations need to notify the Department of Commerce every twelve months to reaffirm their continued adherence to the safe harbor framework.

• Organizations should notify the Department of Commerce if their representation to the Department is no longer valid. Failure by an organization to so notify the Department could constitute a misrepresentation.

• An organization may withdraw from the list at any time by notifying the Department of Commerce. Withdrawal from the list terminates the organization's representation of adherence to the safe harbor, but this does not relieve the organization of its safe harbor obligations with respect to personal information received during the time the organization is on the safe harbor list.

• If a relevant self-regulatory or government enforcement body finds an organization has engaged in a persistent failure to comply with the principles, then the organization is no longer entitled to the benefits of the safe harbor. In this case, the organization must promptly notify the Department of Commerce of such facts either by email or letter. Failure to do so may be actionable under the False Statements Act (18 U.S.C. 1001). That organization must also provide the Department of Commerce with a copy of the decision letter from the relevant self-regulatory or government enforcement body.

• In maintaining the list, the Department of Commerce does not assess and makes no representations to the adequacy of any organization's privacy policy or its adherence to that policy. Furthermore, the Department of Commerce does not guarantee the accuracy of the list and assumes no liability for the erroneous inclusion, misidentification, omission, or deletion of any organization, or any other action related to the maintenance of the list.

My original statements were provided in dollars (don't know if this was for confusion), but suspect it was because my account and personal info was processed abroad.

[TideTurner]

I've emailed you but just in case you didn't get it the FSA have been bashing the banks again

 

Remortgaging guide| Remortgage | Remortgage UK | Mortgage | 100% Mortgage - MSN Money UK - Consumers set for £100 million mortgage refund

 

This makes very good reading, thanks Terminator

[TideTurner]

Their response has been "if you cant understand the info we have sent you then we suggest you find someone who can"! How do I find out who the data controller is as I have heard before that judges would have threatened them with imprisonment had they known their name.

 

Data Protection Act 1998

 

S(8 )(2)(b) unless the data subject agrees otherwise;

and where any of the information referred to in section 7(1)©(i) is expressed in terms which are not intelligible without explanation the copy must be accompanied by an explanation of those terms.

 

S(7)(1) Data Protection Act

 

 

 

RIGHTS OF DATA SUBJECTS AND OTHERS

 

7. - (1) Subject to the following provisions of this section and to sections 8 and 9, an individual is entitled-

 

(a) to be informed by any data controller whether personal data of which that individual is the data subject are being processed by or on behalf of that data controller,

(b) if that is the case, to be given by the data controller a description of-

(i) the personal data of which that individual is the data subject,

(ii) the purposes for which they are being or are to be processed, and

(iii) the recipients or classes of recipients to whom they are or may be disclosed,

© to have communicated to him in an intelligible form-

(i) the information constituting any personal data of which that individual is the data subject, and

(ii) any information available to the data controller as to the source of those data, and

(d) where the processing by automatic means of personal data of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct, has constituted or is likely to constitute the sole basis for any decision significantly affecting him, to be informed by the data controller of the logic involved in that decision-taking.

 

 

 

 

[Going My Way]

Tide, great thread, I'm new to this site. I am in the same boat with BM. Any help or advice will be appreciated.

[TideTurner]

Thanks GoingMyWay, start your own thread with each of your claims, then people can respond to your issue. If you post the thread here I'll subscribe and give any help I can.

 

BTW - nice avatar!! Planet BM?