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

[elsinore]

Ah, thanks, I see now.

 

Well, I regard the CML like the BBA, just a club for its members.

 

I have made an S.A.R - (Subject Access Request) to the Council of Mortgage Lenders in the past and received nothing, and they don't appear to have any watchdog or ombudsman except the Information Commissioners Office??

 

This is from their website

 

Who can join

 

Full membership of the CML is open to lender organisations that are authorised and regulated by the Financial Services Authority.The CML also welcomes applications for associate membership, which is open to organisations that have an interest in the mortgage market but who do not actually lend money themselves. Our associates come from a variety of industries - lawyers, conveyancing firms, management consultants, technology companies, etc. Associates receive to all intents and purposes the same information, services and benefits as our members.

 

So, whilst the CML appears not to be regulated, its members are.

 

Els

[steven4064]

Who can join ... The CML also welcomes applications for associate membership, which is open to organisations that have an interest in the mortgage market but who do not actually lend money themselves.

Perhaps CAG should join on this basis

[elsinore]

Lol, Steven, good point!

 

Els

[mad.max]

hello to you:cool:

[nuke em]

Tide have just found this thread and got upto speed with it. The money lending "elite" are not going to like this one, guess that why they have 10 lawyers against you. Better for them to spend money on lawyers to stop you than this one become in the public domain if you win. Good luck, & take em down a peg

[TideTurner]

Many thanks for all support - the fight continues

[Nightmare4banks]

Hi all!

 

 

Tide,you are not alone in this bitter sort of fight as mine is still ongoing and possibly others on this forum are the same.

 

Be strong and you will win!

 

Good luck and best wishes from Nightmare4banks!

[jody123]

Hi Tide,

 

Did you ever get the proof of underselling that you were looking for....I can point you in the direction of a couple of property price index sites - also - take a look on your Borrowers account report and see what they have listed on the last report prior to reposession with regard to the "Current indexed value" of your property....this is the basis that I am starting from with my mates house that was reposessed and undersold....

 

In my mates case there was also a mig, but I don't believe that it was a mig for the mortgage payments as according to the solicitors the mig paid out exactly what the additional fees were over and above the capital...

 

I also have a couple of other links to MIG stuff and statute of limitation amendments - pm me if you would like me to send you the links.

 

Cheers and keep your chin up....if its worth having its worth fighting for....

 

Jody

[MilkTrayMan]

...I also have a couple of other links to MIG stuff and statute of limitation amendments - pm me if you would like me to send you the links.

Why not Post them on TT's Thread for the benefit of others as well??...

...

[jody123]

Hi MTT

 

I didn't post on here because they are already posted on my own thread, and I know how the moderators hate cross posting...

 

Regards,

 

Jody

[steven4064]

Hi jody (and MTM)

 

You are both right - it would be good to have the info readily available to interested readers of this thread but not necessarily a good idea to post the same stuff in more than one place. All you need is a link - http://www.consumeractiongroup.co.uk/forum/mortgage-companies/126932-mortgage-indemnity-guarantee-statue.html

[MilkTrayMan]

...All you need is a link - http://www.consumeractiongroup.co.uk/forum/mortgage-companies/126932-mortgage-indemnity-guarantee-statue.html

Wonder who supplied the links within the quoted Thread??...:o

...I have just got to start drinking more!...

...:grin:

[steven4064]

In that case, why didn't you put the links here

[MilkTrayMan]

In that case, why didn't you put the links here

The point I was originally making was the 'PM for links' thingy steven4064...

...

[steven4064]

MTM, Sorry, lost the plot a bit. You're quite right.

[RFC1872]

Tide Turner,

 

To you and others on this thread who have given inspiration to the rest of us - thank you. This thread is like a really good book once I started reading I could not stop, but all the way through I could not wait to get to the conclusion to see if the good guys won! But it seems the pentultimate chapter has not been written yet - so I will be a very intrested observer of your thread. I really like the way you get stronger in each post you put up.

 

Wee question have you ever S.A.R - (Subject Access Request) all the solicitors involved in the sale of the property?

[jody123]

Tide,

 

Any chance on an update to your thread?

 

Regards,

 

Jody

[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?

[TideTurner]

Apologies Guys,

 

Without giving my position away, the Judge ordered that he would not allow me to continue unless I appointed a Solicitor and Counsel. I've done so at great expense, and the Points of Law have been clarified.

 

With respect to the MIG, Halifax claimed on this and off-set it against the mortgage balance. The Judge has ruled that I have had the benefit of this and dismissed that part of my claim. He stated this could be appealed, and I may do so following the outcome of the other parts of my claim.

 

Originally, my claim was in 8 parts. The Loss on Sale has been completely seperated from the rest, and I have been granted leave to bring a completely seperate action.

 

Counsel has confirmed two points.

 

1. There was no monetary judgement obtained at the time of possession, and therefor I cannot be pursued for any shortfall unless they bring a seperate action. The o/s have given up the ghost on this and have told the Court that they will not pursue any shortfall. Part of the deal was that I could not pursue the charges made against the mortgage account. I have been granted leave to appeal this if I want to. I will do so following a seperate action for the shortfall on sale.

 

2. Halifax did not obtain TITLE to any of my goods or chattels following possession and must therefore return them, or compensate me for the loss. Don't know how they're going to return my family photos and other personal effects though, unless they've put them in storage!!!! As I was resident for 11 years and was unable to remove them in the 1 hour allowed, the costs of the items taken are considerable. I have been forced to detail every single item in the house and place a cost on it. We are now negotiating for settlement. They are arguing whether a kitchen / bathroom suite / fitted wardrobes are possessions or fixtures.

 

Yes, they did send a gang of Lawyers to Court (3 plus Counsel, plus some plankton from the Bank) and are attempting to claim a massive bill to off-set my claim. When questioned, it was pointed out that when Counsel is appointed, there is no reason for additional Solicitors to be present in Court. The cost of those Lawyers will not be met, the bill is subject to detailed assessment, and the o/s have stated that their bill was only a draft and I expect it to be reduced considerably.

 

I'm now pushing my Legal team to get it back into Court, but they are dragging their heels.

 

Feeling positive, but have concerns about their falling share price. Will I have anybody to sue next week??

 

Anxious to get into Court for round 3 asap.

 

I've kept a couple of Aces up my sleeve, which I'll post when it's over.

 

Defence exhausted, Tide on the attack.

 

Tide

 

BTW - I haven't even started with you yet S******

[andrew1]

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

[TideTurner]

Many thanks Andrew1, I haven't forgotten your post, I hope all's on track. Any updates? Any help needed just ask.

[PriorityOne]

Hmmm.... "no monetary judgement obtained at the time of possession". I wonder how many people are pursued into the ground in the absence of such paperwork ?

 

[jansus]

Hi tide thanks for the update

 

I have still been watching with interest.

 

jan

[Bona]

Tide

just read your thread with interstd where is this being heard Local Court or High Court

Bona

[Bona]

Very interested in point that they cant go for shortfall if they dont have a money judgement please clarify