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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.

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And I second that Andrew1.Tide has been a positive and brilliant influence ,not only to me,but from other posts I have read on here,he is the same to everyone.

Wish you all the luck in the world Tide.You deserve it.

 

Maggie

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  • 2 weeks later...

Hi All,

 

Part of my claim includes damage for Invasion of Privacy. This was made under Article 8 of the Human Rights Act 1998. The defence have pointed out that there is no remedy or provision within the Act for compensation.

 

My property was attended without notification or appointment and intrusions made as to the contents and state of the property both front and rear. The intrusions were so great, details of the contents of the property and personal details were uploaded onto Birmingham Midshires' systems.

 

There are many 'Superstars' in particular footballers who have made a claim for this, does anybody have any experience or ideas with this?

 

Human Rights Act 1998

 

Article 8 Right to respect for private and family life

 

1 Everyone has the right to respect for his private and family life, his home and his correspondence.

2 There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

 

Any comments much appreciated.

 

Tide

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  • 2 weeks later...

All,

THE DATA PROTECTION PRINCIPLES

2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.

 

3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.

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

 

Where your information has been passed to others and you have been denied information, you should request that it is destroyed as in S5 above. The others are self explanatory, but give me a shout if you need expansion.

 

There is a lot more to this Act, in particular S7 &S 10, and the Human Rights Act 1998.

 

Tide

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Hi Tide,

 

Hows your court clase going - any news yet!!

 

Hubby, is making a slow recovery and hopefully things will be back to normal in the next few weeks. Lets hope we can keep the Mortgage under control, so they do not repossess.....It has bee a very trying time and a costly one with hubby not being able to see properly, you just don't know how important your eyes are!! untill you do not have them at full strength. The worst is over and we are now moving forward more positively with other claims.

 

DS

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  • 2 weeks later...

Hi DS,

 

Sorry I haven't been back to you sooner. Great news with Hubby. Maggie also seems to be a bit stronger - together we stand!

 

Court case going fine, although complicated. Still getting a bit of intimidation from their ten (10) solicitors, but have a few aces up my sleeve. How can they be so thick?

 

Wish Hubby all the best.

 

Tide

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

 

Many thanks Andrew1,

 

It was a great help, as all the PM's and other support I've had. I'm not going out there to come second. Any other help greatly appreciated.

 

You will be pleased to know that they cannot 'stay' this claim.

 

Details to follow, looking to expose this naughty situation and working around the clock with my 'Helpers'.

 

Feel like Santa!

 

Tide 3 - BM 0 (BM -2 with their lawyers)

 

Tide

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Hi

tideturner

 

I posted way back on post 96

 

just popping back to wish you the best of luck with your case.

 

Jan

 

Many thanks Jan, it's great to know so many people are rooting for me.

 

I won't let you all down, Court next week, but may be ongoing for a while. I won't let them sleep - in the name of all those who have been repossessed.

 

Tide

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  • 1 month later...

I have now received the sixth contradictary statement from the defendents. I don't think the Judge is going to be too happy when he finds out they are trying to pull the wool over his eyes.

 

The Defendants claim that I have never paid any charges in the past, and they will not pursue me for them in the future.

 

Let me see.

 

If you go into a shop and steal an apple. That is theft. When you are found out, you return the apple to the shop. Nobody has been harmed or has suffered a loss, therefore this behaviour is acceptable.

 

I don't think so.

 

The facts are there was intention to permantly deprive all in the name of profit.

 

There is the Mens Rea and the Actus Reus in several areas.

 

I am aware that the o/s read these posts, and will be pushing for a full criminal investigation for theft and fraud in the future.

 

How, after repossessing a house and presenting financial information in support can Halifax possibly justify their position without a report from a suitably qualified accountant / professional.

 

If this expert is not employed (independent) the banks can say whatever they like, as is the case here.

 

I've instructed a forensic accountant to scrutinise every statement provided, a barrister to present the findings and am struggling to keep friends and family away from the Court, as they are incensed that the bank turned up mob handed at the last hearing.

 

Whatever the outcome, it will go worldwide. Welcome to the big stage guys.

 

Tide

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Yes - best of luck from me as well.

 

There are a few people on here with pending possessions and as I am very rusty in my expertise I was searching the net for help - the only independant site i could find was direct.gov.uk where there is a section on arrears and a PDF guidance for mortgages taken out recently from the FSA. I am horrified that some of the fiancial institututions even if they have no choice but to re-possess the house - make the experience even more difficult than it is -and that is probable putting it mildly. Also I think they should be accountable for irresponsible lending - plus there should be a compulsory insurance scheme against unemployment/illness - as if all paid it it would be cheaper - and at the moment the most vunerable people are the ones who can not afford it in the first place.

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Yes - best of luck from me as well.

 

There are a few people on here with pending possessions and as I am very rusty in my expertise I was searching the net for help - the only independant site i could find was direct.gov.uk where there is a section on arrears and a PDF guidance for mortgages taken out recently from the FSA. I am horrified that some of the fiancial institututions even if they have no choice but to re-possess the house - make the experience even more difficult than it is -and that is probable putting it mildly. Also I think they should be accountable for irresponsible lending - plus there should be a compulsory insurance scheme against unemployment/illness - as if all paid it it would be cheaper - and at the moment the most vunerable people are the ones who can not afford it in the first place.

 

Jan

 

Jansus,

 

Anybody who is in such a position should insist that a FULL analysis is carried out on their account, the figures put forward by the bank or bs are absolutely correct, and ensure that none of the amounts put forward as arrears include any interest calculated on any charges made. These should be exact, else any possession can be appealed within THREE WEEKS of the Court Order. Also, you MUST attend Court for the hearing to dispute any application if they have made charges, and if you are in difficulty, make a reasonable offer to resolve the position given your circumstances. If not, they will get Judgement by Default.

 

Look for every discrepancy - the lender will more than likely attempt to claim that the arrears are more than they actually are. Dispute everything until you have clarity that it is correct. Bear in mind mortgages don't fall under the Consumer Credit Act 2006.

 

Be careful where they say that the charges were placed in one account, and the interest / capital were placed in another.

 

This can buy time whilst you get the evidence to prove that any charges are unlawful (probably subject to OFT hearing 14th Jan - 28 Feb), and if repossession is not granted, will put you in a stronger position.

 

Tide

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Hi Tide,

You are the star here, taking on the big bad Banks.

I want to wish you all the best for Friday and hope that you go and get emmmm 100% you deserve to win.

Looking forward to the book that you will write when this is all over as I am sure you will have some great stories to tell.

DSxx

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Are we a part of a star crew or what?? Thanks for all the support, there's still some nice people out there.

 

Big day on Friday, details to follow.

 

Tide

Tide - the very best of luck to you Friday - thank you for sharing this with us - you will help many people with similar problems.

 

Good Luck

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Hi All,

 

Got past the next stage. They rolled out the tanks as usual and went for the kill. I've now got 28 days to assemble my team. They went all out to strike the matter out and failed. The Judge saw straight through them.

 

I'm being careful with my words as you can understand, but next time I'll have a lot more ammo than the o/s - they've used up all their bullets.

 

Still having to bite my lip, but the outset is very good.

 

Tide

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Thanks DS,

 

Did I miss your last post when I had a lot on?

 

PS you've looked Christmassy all through the year, now your Avatar will fit the bill!

 

Yes you did miss me when I posted, but I truely understand you cannot answer everyone.

 

I happened to like the Avitar and even if I wanted to I probably cannot remember how to change it. Anyway everyone recognises it!

 

All the best

DS

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