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

[TideTurner]

Hi y'all,

 

I have been battling with the above for some 4.5 years.

I had a mortgage for £26,500 in 1990 and was repossessed in 2002 - Mortgage balance £31,500.

 

I have estimated that I have paid £9,500 in charges (have spreadsheet which I have provided to them) and paid approx.

£44k in interest and charges.

 

When repossessed, I was away from home and was not able to attend Court and was told by the Holyfax that I would only have 1 hour to remove 11.5 years of my possessions (approx. £58k of possessions). My family helped to remove but most had to be left behind, including personal items passed from my Grandparents, tools, furniture etc.

 

I've paid large lump sums to them under pressure and have all info about the account eg. computer logs, accounts, 'must foreclose as large loss on this case'.

I have a full history on the acquisition of Credit Agricole / Birmingham Midshires / Halifax / HBOS and believe I have gone through the scare barrier.

 

I don't receive any debt collection letters any more because as soon as I do I contact the Co. and tell them what they are doing is illegal under S40(a) Administration of Justice Act 1970, let me know if you need details.

 

My house was sold in feb 2002, Land Registry - Home page (free!) there were 6 properties sold the same as mine for £46,500.00, mine was sold to local builder for £19k.

My home was sold same year for £73,500.00 and is currently worth £125k.

They are claiming £11,500.00 as shortfall and £6,500.00 for MIG (Royal and Sun Alliance).

 

I'm about to issue and have been browsing this site and got lots of tips.

If I can help anyone I sure will.

 

Ever had the feeling you were had over?

They charged me for 9 valuations @£100.00, refused to give me identity of those who performed them,

turns out at least 2 done by themselves (Colleys)

and most of their 'legal charges' were done by in-house lawyers(for which they charged full legal charges).

 

Their favourite is 'Assess Fee' which they have refused to expand.

Thanks to all those who have updated this site, it's been most helpful.

 

To sum up

 

Mortgage 1990 - £26,500

Payments - £44,000

Sale of Property 2002 - £19,000 (sold same year £73,500)

Shortfall £11,500

MIG - £6.500

Loss of possessions - £58,000

 

Sorry about the rabble but this is the tip of the iceberg and want to go to go to Court ASAP

 

Need advice on calculating interest and proceedings above £5,000

 

 

About to issue,

 

Has anybody successfully reclaimed appreciation for property after repossession? I have also looked closely at breach of contract, invasion of privacy, unlawful provision of personal information, unlawful charges and interest at the statutory rate of 8%.

 

Also, I will be claiming for my possessions as I was given access to my home for just one hour to move all of my possessions, fixtures and fittings.

 

Has anybody else experienced this?

 

Tide

[TideTurner]

Sounds like you have a similar case to my own.

 

Have you signed anything with respect to settlement - could yours be a cold case?

 

I believe (from the Holyfax) that they DID claim on a MIG. At the time, I had no knowledge that this existed. When I contacted Royal and Soon Oliance they had no knowledge of me.

 

I don't believe it ever existed and should they ever provide a copy of the contract (which they maintain I have no rights to see it - just to pay it) I'll get the forensics on it.

 

Sounds like you may have had a dodgy estate agent who sold your property who would have had first offer to sell your property. He would have known exactly who to sell it to.

 

As far as the lender is concerned, they are after a judgement and therefore a debt they can claim afterwards. Everything else is logistics.

 

I note your figures, you have paid over the odds, maybe it was sold to a friendly by the BS, and the lender then pursued you for interest and charges etc. which were applied unlawfully.

 

Everyone's happy except you (and your ex).

 

If you haven't signed anything which states "in full and final settlement" I would consider re-opening this given your new found knowledge. Think what the property is worth now - that represents a loss.

[TideTurner]

I appreciate your honesty, in your circumstances it's probably better to let sleeping dogs lie. I can't move on without resolution which, so far has been a huge fight. I refuse to be intimidated any more, to the point I am prepared to risk all I have to stop this outrageous [problem]. I want the chance to expose these people and what they do - I spent six months being physically sick as soon as I woke up in the morning. I get the feeling you know how that feels. I'm not paying them any money at the moment and don't intend to, and want every penny due to me from these highly educated thugs.

[TideTurner]

I'd start with putting more pressure on them for information they haven't provided. Also look at this site - How Much Did It Sell For (just enter her old postcode) and make printouts of all results.

 

How much did it sell for?

 

The Land Registry also holds details of property by postcode and records details of all sales on a quarterly basis.

 

This will give a comparison of sales of other properties in the same area at the same time. Also, you can get a report online for £3.00 which tells you who bought the property and how much they paid. Find out which Estate Agent sold the "property in possession". Mine was sold to a local builder, who I have highlighted. Still looking for links with the Estate Agent though.

 

Colley's were purchased by Halifax in 1994. Don't know if B&B are associated with Halifax. I have vigorously tried to obtain details of those who performed valuations on my property as the named were blanked out. I found out another way and Colley's are right up there.

 

It is likely that an MIG was taken out by B&B to cover any loss and is effectively insurance. The MIG provider (in my case Royal and Soon Reliance) made threats via Curtis Solicitors to recover money they paid the Halifax after repossession. I have challenged this and intend to counter-claim. The Halifax refused to provide a copy of the agreement as I was not a party to it. Why then am I expected to pay it?

 

Once disputed the RSA have stopped recovery proceedings. They threaten you and if you pay they'll let you. My case will be up soon and I intend to ask the Court to examine the validity of these contracts. I'll then take the matter further.

 

Ask them for a copy of the MIG. Also ask when it was taken out, who was party to it and why you are being asked to pay it. My guess is you won't be under any obligation.

 

Where you have received gobbledy gook after your SAR write again and point out they are out of time, and that you want descriptions of all debits made to your sisters account.

 

I put mine in a spreadsheet and next to each charge left two columns headed "Name of Supplier" and "Description of Charge". I followed up with a phone call and told them where I have paid for a service I want a full description or an immediate refund.

 

Then I found this site.....

[TideTurner]

What's the link to your sisters thread?

[TideTurner]

A better link for house prices

 

MousePrice.Com

Cheers

Tide

[TideTurner]

Just reading your post and will suggest a few amendments - hang on!

[TideTurner]

No, I am lodging my Claim N1 this week. I was kicked out two weeks before xmas, so it's my anniversary!

 

I'll be sticking to the dates and not allowing for any parties- been a long time comin'

[TideTurner]

Apologies, I didn't see a letter before action on your thread, have you sent one? If not you are still at the SAR stage.

 

Let me know if you haven't - there are templates on the site and one of my own which you can adapt.

[TideTurner]

Birmingham Midshires is a commercial bank in the United Kingdom, a subsidiary of Halifax plc (part of HBOS). It is headquartered at Pendeford Business Park,Wolverhampton, England and has offices throughout England. Previously it was a building society, known as the Birmingham Midshires Building Society.

The Birmingham Midshires was formed in 1986 by the merger of the Birmingham and Bridgewater and the Midshires Building Societies. These societies could trace their routes back to 1849 and were themselves formed by the mergers of the following societies: Liverpool Building Society, Wolverhampton and Mercia, Bristol Equitable Permanent Benefit, Swansea & Gower Permanent, and the Warrington Workingmens' Permanent.

In 1999, the Birmingham Midshires Building Society agreed to a takeover bid from the Royal Bank of Scotland. However the deal collapsed when Halifax plc tabled a more lucrative offer. Halifax itself became a part of HBOS plc when it merged with the Bank of Scotland in 2001.

On 15 September 2005 Birmingham Midshires announced it was planning to close 48 of its 67 branches, through a phased programme concluding in March 2006, and the conversion of the remaining outlets to the Halifax brand. Customers were given the option of banking at their nearest Halifax branch and the 470 full and part time BM employees are to be offered an alternative role at the company or within the wider Halifax branch network.

Today the Birmingham Midshires remains a separate division within Halifax plc, and offers a range of specialist mortgage and savings products. When Birmingham Midshires became part of the Group in April 1999, it had savings balances of £5.9 billion and mortgage assets of £9.2 billion. BM savings balances have doubled since then to £12 billion; mortgage assets have more than trebled to over £32 billion.

 

[edit] Source

 

• [http://www.askbm.co.uk/ BM website press release "Birmingham Midshires Business Strategy" 15 Sept 2005

[TideTurner]

Stansfield, focus your efforts on all information you HAVEN'T received. Colley's are a High Street firm of conveyancers, owned by the HBOS Group. Who were the legal services provided by? Were these listed in your original statements as "Solicitors Fees" or do you believe you were led to believe the excessive charge was because the services provided were from a firm of Solicitors, when they were from an internal department? Insist on details of all charges made - you sound like you can hold your own. I telephoned the Lender after each letter and insisted on answers. When they said they didn't have the information available, I said I'll hold while they get it. I made notes of all telephone calls, dates, times, who I spoke to, what was said and intend to claim for these. If you've paid for it, find out what you've paid for.

 

Then go get 'em.

[TideTurner]

Many thanks, the very fact that somebody looking at this is in my corner is very reassuring - after 4 years of people telling me I'm fighting a losing battle.

 

I have put two claims in my N1, one for the shortfall and one for loss of appreciation.

 

My property quadrupled in price in the first 12 months after sale, and as the cause of the repossession was brought about by the defendants, I intend to argue that had I remained in the property, I would have an asset worth four times 6+ times what it was 'disposed of' for. This represents a loss.

 

If I am to be placed in the same position prior to any wrongdoing, the defendants would have to purchase a similar property in the same are, which would now cost £120,000.00. This represents my loss.

 

There are also other things I will be claiming for like Invasion of Privacy (Articl 8, Human Rights Act 1998). Prior to repossession, they sent around somebody who peered through my windows and letterbox, quizzed my neighbours, made notes and forwarded them to Birmingham Midshires, who placed the contents of my hallway into their computer notes for all to see!

 

This practice is called a 'walk-by' and is an assessment of the property inside and out.

 

How would they react if I walked up to their front door, opened the letterbox, made a note of the contents and posted them onto an intranet or website. My partner is shocked. They won't give me the dates or details of who attended. What if we were having a private moment when the letterbox opened?

 

Sick, and completely invasive - and totally illegal

 

Sorry for ranting!

[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?

[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?

[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.

[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?

[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.

[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?

[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).

[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.