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

[andrew1]

Tide, I've just read through this thread with great interest. Never suffered from this myself thank god, just managed to negotiate my way out of 2 repo hearings, but you seem to have been through hell and back - I wish you every single ounce (kg ) of luck with your claim - by g'sus you deserve it.

[andrew1]

Good Luck Tide - we're with you matey...

 

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[andrew1]

Many thanks Jan, and to everybody else who have provided their best wishes, the support is much appreciated. To think there are people out there who are genuinely willing me to win is fantastic - just what the doctor ordered.

 

I wish I could provide more details at the moment (I'm itching to post them) as it may help some of you with similar cases, especially what I have uncovered in terms of company procedures (yes Gents there are more surprises to come).

 

You're a cracking bunch, many thanks again for all your support.

 

Tide

 

For what you have done for everyone on here Tide - you are most welcome my friend.

[andrew1]

Not sure if this is of any help Tide Invasion of privacy - Times Online

[andrew1]

Good luck Tide, I know what this means to you.

[andrew1]

Good luck Tide, any help needed just ask..

[andrew1]

Was any of the case I sent you any use Tide?

[andrew1]

 

With a bit of luck, it should start with a bang!!

 

 

Happy New Year

 

Tide

 

Tide, you have the power of a horse, you don't need luck anymore when the resources we have all found within ourselves are here at the click of a mouse.

 

I, for one, admire what you have done to date, through the adversity you have gone through you have inspired and helped so many others too without thought for yourself. Your 2008 will be memorable as I know will numerous others on CAG who have battled thus far.

 

To you Tide, I wish you the happiest of years ahead and to others who are just beginning take this man as an example. Empower yourselves, realise there is a way through the darkness and that you will never be alone again no matter what you are experiencing, just like so many of us have and look to the future with bright eyes. A happy new year to you all, and Tide - Thank you for being an inspiration.

 

 

Sarah

[andrew1]

I would also like to know the name of the private company that were given these details if you know them Tide? PM me if you prefer..I'm following a few trails just now.

 

I searched Companies House and my own credit checking system for companies and found nothing on the Committee

 

Cheers

 

Sarah

[andrew1]

Tide,

 

Any chance on an update to your thread?

 

Regards,

 

Jody

 

I think there's been a few of us waiting and chewing our nails wondering the same, especially as our Tide has been wandering about the threads of late..Tide?

[andrew1]

Great to see the Tide spirit still in there...good luck with it all

[andrew1]

The guy next door to me had his house repossessed some years ago and he stripped the burglar alarm out saying it cost him too much to leave in and wasn't a 'fixture'. I think anything that as Bona say's is 'fixed' to a wall or piping - like a bathroom suite is in fact fixtures and fittings. So long as the property is not left in a dangerous situation. So light fittings can be removed as long as there is a replacement part which leaves no wires bare and can be used without being a danger to anyone coming in. I guess a free standing cooker, washing machine, dishwasher could be taken as long as left safe. People do that all the time.

[andrew1]

This is where we have the anomoly that the BS say in their terms and conditions that they will adhere to the banking code- which means in in your case you were a case of genuine financial difficulty as you had experienced a severe drop in income . therefore they should have treated your case with sympathy Then you find out that although there is a banking code it is voluntary ! so whats the point. If at the time of the court hearing you had an important position I take it that you were making every effort to earn money to resolve the situation.

 

There must be certain rules on how the BS are supposed act during the possession the problem I suppose is finding the retrospective position. Now the mortgage code is under the FSA - before it was the FOS I assume? Do you have the original terms and conditions of your mortgage and the mortgage code at the time?

 

Tide, Hi.

 

Not sure if you've covered this, but reading Jansus post made me think of it, have you ever applied to the BS/Bank for a copy of their Lending Policy Document in force at the time? I have just done this and believe me it puts ones own frustrations and anger into a perspective they themselves understand. It lays out the banks lending criteria, the equations for lending, their overall policy and so on. I've found a couple of gems I would never have thought of before just strolling through the pages. I had to fight for it as the solicitors refused to supply it first time around...Just told them I'd apply to the court for disclosure anyway so you might just as well supply it now as then..they did - LOL!

[andrew1]

Jansus,

 

Now the mortgage code is under the FSA - before it was the FOS I assume?

 

The old Mortgage Code was originally with the Council of Mortgage Lenders and is still available on their website. The new Mortgage Code is with the FSA who are wholly in bed with the Banks.

 

Andrew,

 

I have never heard of this, is it an internal company document? Why should it be available to the Public?

 

Tide

 

 

It's not something they like to provide to the public, but you are/were an account holder and have litigation going on. I was told this would not be made available to me and in true Fan Club style I asked WHY? It's not something they'll be putting on their websites, but I believe it is something you can ask for under a part 18 request for further information with regard to litigation and the documents being replied upon. If you ask for it, they'll refuse so if you use the approach that I did and say you'll be seeking disclosure and a judge will grant your request for sure, then they might just as well supply it now as then under the part 18 CPR rules & Regs...If you haven't already done so I'd suggest you do it...like Pandora's box - full of booty

 

I'd send you a copy of mine to get an idea, but it's 93 pages long and I had to go and get a copy photocopied in town rather than scan it - take forever!

[andrew1]

Andrew, excellent, as ever. I have already made a Part 18 application which the o/s have agreed to comply with at a later date. Maybe now is that time. I'll contact my brief and request a copy of this, along with the other information I am missing. I have stepped up the progress of this over the weekend and I'm now pushing for answers with my Solicitor. As you know, the Judge has told me I cannot proceed without representation.

 

BTW the system won't allow me to Rep you unless I spread it around elsewhere first!!

 

Many thanks

 

Tide

 

It's my pleasure Tide - all mine - you'll be glad you asked for it once you take a read..

 

Gezz 02.12..sac time! Night!

 

Sarah.

[andrew1]

Tide, just one further thing. In my Lending Policy Document which is not for any of the banks mentioned in your thread header, under the heading " Mortgage Indemnity Guarantee Policies" (MIG) it states the following and it's not so much what it says as the way it's said...and it's implications in the event they had to claim on it..anyway, take a read of this and bear in mind this is like an employees policy hand book to use doing their job:

 

" A Mortgage Indemnity Guarantee policy is a form of additional security which some lenders purchase by charging a fee which is similar to a higher lending charge. xxx Bank does not reveal whether it purchases MIG security with its Higher Lending Charge. We may simply collect the fee as a risk- related fee or we may purchase MIG. Customers need only be advised that it is a risk-related fee in that a loan which carries a higher degree of risk will cost more"

 

 

So, there may or may not be an insurance to cover a risk...then what happened to it? or is the fee just a comfort fee for the hell of charging more? whatever it is it either pays out upon default - so in your part18 request I'd ask if there is one..and on the other hand why would a customer never be told their money was just a figure plucked out of the air for the fun of it?

 

These things are built in behind the scenes which tens of thousands never get to know about and no doubt the banks claim these insurances and never offset it against what the punter has to pay them back... Just a thought..

 

 

Sarah.

[andrew1]

This explains my earlier post Tide on the Mortgage Indemnity Insurance Mortgage indemnity: a borrower's guide

 

It's not that I don't trust the banks ...it's just I don't trust them

[andrew1]

This might help too: worth keeping an eye on http://www.consumeractiongroup.co.uk/forum/legal-issues/149372-interesting-new-case-when.html#post1580518

[andrew1]

Hey, I'm always wishing Tide good luck, but 2 weeks time Bona, and you have done so much for so many, Tide won't mind me using his thread to say good luck to you too...hammer the beggars!

[andrew1]

Why don't you have a word with one of these Tide http://www.sra.org.uk/documents/solicitors/cpd/find-cpd-providers/costs.pdf one of them will tell you how to deal with it...just don't pick the one you are fighting against - actually, maybe you should and use it in evidence against them !

[andrew1]

YEEHAA - Tide's back..