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

[jody123]

Tide,

 

I agree that you should see your solicitor next week - if only to set the appeal in motion. Not least because had there not been the illegal charges there would not have been a repossession and therefore its irrelevant that the charges cancel out the shortfall....without the illegal charges there would be no shortfall....

 

And then....I think you need a break - and I mean that with the greatest of respect for what you have so far achieved. If I were you I would have a week off - some you and your family time. And I don't necessarily mean from work, I mean from the site, get some rest, try to take your mind off this and for gods sake don't let it eat you up.

 

After you've had your week - start by writing down your list of action....take the case law that you have (I'll see what I can find in the meantime) and order it in such a way that your solicitor has to do as little amount of work as possible.

 

And then go get them......

 

Jody

[TideTurner]

Jan,

 

I was in London at the time. The reason for the arrears was a sudden loss of my job (was informed in one day that I was unemployed and after looking around had to seek work in London).

 

The BS made several phone calls to me and stupidly, I informed them that I was out of town. They then had a field day in Court, in the knowledge I would be absent.

 

I had a senior position in London, and could not simply leave to attend a court case. They knew this.

 

I did not receive any letters prior to reposession with the exception of the standard 'you are in arrears and we'll take you to court'.

 

Another interesting point is that the property was repossessed aggressively when the area the property is in was about to explode. The property increased in value by 300% immediately after repossession.

 

T^%$

 

Tide

[TideTurner]

Jo,

 

God Bless you lady.

 

No, I will not have a break, there is no need to recharge these batteries, I'm firing on all cylinders. If allowed, I would have taken this matter back into Court as a layman, but I'm now reliant upon the Solicitor getting his backside into gear.

 

There will be time for a holiday when it's all over, and I have a result.

 

Tide

[jody123]

Tide,

 

I understand completely - you get past the worry about what they could do to you and just want them to be "fair and just"....something we would all strive for in a perfect world...

 

I have never, ever owed money, never fallen behind, and until I found this site whilst trying to help my friend, I was unaware of the despicable way in which some of the larger institutions behave towards people who for whatever reason fall into financial difficulty.

 

Unless I've missed something, there is nothing to stop you filing a separate claim for your chattels / possessions - and if you win on that one then you have your cause of action for the appeal.

 

Will have a look at some legals and let you know if I find anything of worth.

 

Jody

[TideTurner]

Jody,

 

Everybody on this site should aim for a 'debtless' situation, in which case we can live in harmony, and nobody can cause your life to be a misery by chasing you for money. If you wake up every day without a money worry (or other) you have happiness.

 

Problem is this is an industry which maximises on debt, and some are less capable of managing this than others. Those people are punished, or have been hit with unlawful penalties, all in the name of profit.

 

With your friends case (and mine) the consequences have been 'life changing'.

 

It has been said "If it is fair and just we will accept it" Kevin Dooley 2003. Anything outside of that will be questioned.

 

Tide

Edited June 14, 2008 by TideTurner

[jansus]

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?

Edited June 14, 2008 by jansus
nd a new keyboard

[TideTurner]

The Mortgage Code at the time was provided by the Council of Mortgage Lenders. The old Mortgage Code is still available on their website.

 

The Council of Mortgage Lenders

[jody123]

Council of Mortgage Lenders (CML) - Handling of Arrears and Possessions - CML Statement of Practice

 

ok - I think that I have attached it to this post - it took me quite a while to find on the CML's site as the usual keyword searchs weren't throwing anything up....

 

Anyway - here it is now for all to see!!!

 

Jody

CML_MORTGAGE_COC.pdf

[jansus]

18 b and c are interesting

 

but the rest of it is a lot more woolly than I thought.Its more of a guide than actual rules to stick to - I did not realise there should be a valuation by surveyor -And also there does not seem to be a definite ruling about how long the property should be marketed before auction. It does say however that if sold below market value there should be written evidence about why.

[Bona]

Tide

 

I hope you have a good solictor, Im just about to get a Barristers opinion on my contract with the martgage company firstley they said I was far more in arreas than I was cos they added the charges eventually we got permission from the High Court to conduct our own sale under the law and property act we did this but the estate agent knowing the position did a deal with a buy they wated to avoid Stamp duty we are now trying to get back what is ours our mortage comapny refuse to pay 8% on the money they took from us in 2005 untill it was returned in 2008 it May not be much but it is a principle We belive that there is so much we can go for but our hands are tide as if we go to court and win we still have to pay there costs but I think I may have found away round it

[TideTurner]

There should be independent valuations. Mine were all performed by companies owned by the Halifax. Six of the nine valuations charged against the account were never carried out. This was only discovered after vigorous questioning and denials for information following numerous SAR's.

 

Everybody check your statements, in particular the firms employed to perform valuations. If it is the likes of Colleys, they are wholly owned by the Halifax, therefore, they are performing the valuations themselves, which contravenes the mortgage code.

[Bona]

Also beware of Drive by we had one of those but the Judge threww it ou when we objected

[jansus]

have you looked at Index.htm mortgage shortfalls - some interesting cases that were helped there.

 

IBAS

[jansus]

It also said on the code one should be a surveyor not an estate agent.

 

Also there should be a written explanantion if sold below current expected value

[jody123]

Jansus,

 

I would beware of the company that you've pointed out - we went to them when we first got court papers as we didn't know what to do and weren't aware of CAG - there were loads and loads of anomalies with what we had received from the solicitors, but we paid over the £200+ that the company required to make you a "member"- we sent them all the letters we had received - none of which proved we owed any money.

 

They told us to pay up the full amount asked for stating that if the property had been undersold then the interest would cancel the underselling out..... needless to say we ignored them and went back to the solicitors ourselves - the company told us that as we had not taken their advice they could no longer have anything to do with the case (bye bye £200) and the case is due in court pretty soon - they asked for 15k - but it transpires that they undersold by 12k, there £1300 of fees that shouldn't be there and there's a mig for a further 5K.

 

Whilst it would appear from their website that they have helped others - I wouldn't recommend them.

 

Jody

[jansus]

Crickey Jody

 

you really have been through the mill havent you - you have obviously really done our research well and thanks for that info - i wont recommend the site to anyone else. they do make it look like they are and independant free advice organisation which is bad .

 

I have been searching for case law about underselling and like you say it is just a matter of trawling the internet. But I will ask another knowledgeable member of another forum I am on if he can help.

 

Sorry Tide not hijacking your thread!

[jody123]

Hi Jansus,

 

Don't worry - I have my own thread and am fully up on the case law now for underselling, for MIGs the CML Code of conduct and Estoppel!! I just thought I ought to justify here why I would not recommend the company you suggested.

 

Unless they take an offer that is on the table then we are going to find ourselves in court as Tide did...and am steadily picking Tide's brain...and helping where I can.

 

If there is anything such as justice then TIDE will get everything back that he's due - mind the sols in our case said "there's no such thing as fair - just the law" Which given the way things have been handled makes a mockery of the justice system - and Woolf's Law Reforms.

 

Jody

[TideTurner]

Jody,

 

I certainly made some mistakes, and would rather you ask away and get it right before you take any action. The first thing is, try and keep it as simple as possible and focus on the points you know you can win. Else, they will come at you for a costs order.

 

If I can help I will, PM me if necessary. All in the name of the cause of course.

 

Tide

[patrickq1]

hi jody how is things have nt heard from you for a while

patrickq1

USEFUL LINKS;

Beginners Guide to CAG

Can't find what you're looking for?

Intro to Consumer Credit Litigation

Is My Agreement Enforceable

Default (Surleybonds) Template Letter

Digital Signature Guide

Overdrafts and the CCA

 

YOUR HELP NEEDED... Assist those with "0" replies!

[TideTurner]

HBOS ORD 25P

 

(HBOS) :

 

318.75(p)

 

-8(p) -2.45%

[TideTurner]

Useful link for alternative telephone numbers

 

SAYNOTO0870.COM - Non-Geographical Alternative Telephone Numbers

[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!

[TideTurner]

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

[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!

[TideTurner]

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