mp and northern rock

[starlord]

I need some genuine advice on my case before I look to escalate my case before the European ombudsman.

I will be asking if there are fellow caggers that would be prepared to join me in what I would call a class action case.

 

the issue itself, I have been pursued by wallers solicitors on behalf of what is legally known as nram or virgin media,

one of the many different names that have been banded about regarding my case.

 

it is my understanding that northern rock no longer exists as a business

I need clarification on this,

 

 

all of my mortgage repayments some 30k were made from my sole bank account via hsbc to northern rock,

the government whom took over northern rock prevented the business from actually going into default

which I believe has been to the detriment of people that had mortgages with northern rock whether in arrears or not.

 

due to been locked out of my property for some two years by my ex wife,

the mortgage company been northern rock at the time continued to write to the empty address

 

 

during this two year period they ignored over 6 different letters from myself notifying them of the changes of addresses,

which they changed the addresses but never actually bothered to respond to me at all.

 

my letters covered this such as subject access requests to wallers and to both nram and northern rock, cca request, breakdown of charges etc.

 

due to hsbc incompetence and ignorance they say I am no longer a customer of hsbc to re open the bank account

and indemnify the mortgage repayments made to " as far as I am concerned a totally different entity than

what the direct debit indemnity guarantee was set up for" ie northern rock and not virgin or nram.

 

this went to the ombudsman who have actually damaged evidence in relation to my bringing a private legal case.. eventually I will do.

 

I have received the usual nonchalant response from hsbc because I approached my mp over the situation,

they say they are satisfied over the dd mandate been correct without actually answering my question

as above as usual they skirt around and hide behind anything they can to get out of it.

 

should I have received revised contract terms of mortgage, should they have complied with their obligations under the financial and services marketing act .

 

given I feel they have further failed to comply with various oft debt collection regulation let alone guidelines,

in addition my letter of complaint to the mortgage company received as expected the usual dismissive response.

 

there process of seizure I will also argue they have failed to comply with the civil procedure rules

when they proceeded with the repossession of the property, and referred to specific case law examples

of them been deliberately oppressive in their recovery process whilst at the same time ignoring

responding to my issues, and going ahead with the seizure.

 

As a separate issue I was also defrauded by a woman who portrayed herself out to be a barrister when she wasn't to bring a defence,

to this repo case, but she took my money and ran, on this I am also dealing with the mp and the ombudsman and the police.

 

can I make a criminal injury claim for the detriment or losses caused as a result of been defrauded, suffice to say I nearly had a breakdown with it all.

 

The ombudsman case handler has caused me detriment in regards to both cases

and is now apparently trying to rush getting my case before the ombudsman,

in ignorance of material fact that both I and my mp are still in the process of dealing with,

 

 

what I would call a deliberate attempt to produce only what the case handler would put before the ombudsman

and not all of the evidence thus showing favouritism to the mortgage company and bias in dealing with my case.

 

 

what can I do about the damage caused to my evidence,

this is in fact the second time fos has caused detriment in a case specifically against hsbc again.

 

if anyone does want to join me in bringing a class action against the government for their part in the privatisation of northern rock.

 

 

please let me know.

[citizenB]

Thread moved to General Legal Issues.

[steampowered]

The old Northern Rock bank does actually still exist. If you search for Virgin Money plc at http://wck2.companieshouse.gov.uk//wcframe?name=accessCompanyInfo, you will see that the old name of the same company was Northern Rock plc.

 

The bank was split into two. The banking part was kept in the same company, which was then bought by Virgin Money. Its assets were moved into Northern Rock Asset Management which is owned by the government.

[BRIGADIER2JCS]

" Criminal Injury Claim" have you been physically injured by any party?

 

 

All these threads you have starlord are confused and need to addressed individually.

NRAM is Not Virgin Media.

Did you make a formal CCA with a £1 statutory fee paid?

All that is required from such a request is a copy of the agreement or a compliant reconstituted agreement, and a current statement of the account.

 

 

All other data should be requested by means of a Subject Access Request under DPA 1998.

 

 

Then there is the alleged fraud perpetrated by a "barrister"

 

 

Then there is the statement/ accusation that a FOS case handler has caused you "detriment" . How?

 

 

Then the accusation that the case handler is biased and has shown favouritism to the mortgage supplier. How?

 

 

FOS has caused "damage to evidence". How?

 

 

If you attempt legal action with the data you have posted the chances of anyone being willing to risk a " class action" against the Government is NIL.

[starlord]

hi again

 

 

I have requested a subject access request from both the mortgage sols and the mortgage provider both ignored, then I sent a cca request through to nram who said it should go to northern rock, when they got it they said it should be nram that would deal with it. I got no copies of the actual documents.

 

 

the fos chap despite my letter been advised addressee only and private and confide opened every piece of mail that was inside the letter in ignorance of my email advising not to do so, he apologised after I explained it would now cause me an issue in a private case I will bring , that the mortgage sols continued to write to the empty address and continued with their recovery process.

 

 

he advised me to make a complaint and then stated he would not supply me with a statement of truth to confirm those documents were sealed.

 

 

he has since rushed the case before the ombudsman whilst I explained my mp would write to him confirming the fraud, as a number of my original documents had been stolen by the fraudster.

 

 

http://en.wikipedia.org/wiki/Nationalisation_of_Northern_Rock

 

 

http://www.fscs.org.uk/news/2008/february/northern-rock-plc/index.html I firmly believe that when the government took over they breached their own mortgage covenant . as the communication from them directly, ceased to me for over 2 years. during which time I was locked out of my own house.

[BRIGADIER2JCS]

hi again

 

 

I have requested a subject access request from both the mortgage sols and the mortgage provider both ignored, then I sent a cca request through to nram who said it should go to northern rock, when they got it they said it should be nram that would deal with it. I got no copies of the actual documents.

 

 

the fos chap despite my letter been advised addressee only and private and confide opened every piece of mail that was inside the letter in ignorance of my email advising not to do so, he apologised after I explained it would now cause me an issue in a private case I will bring , that the mortgage sols continued to write to the empty address and continued with their recovery process.

 

 

he advised me to make a complaint and then stated he would not supply me with a statement of truth to confirm those documents were sealed.

 

 

he has since rushed the case before the ombudsman whilst I explained my mp would write to him confirming the fraud, as a number of my original documents had been stolen by the fraudster.

 

 

http://en.wikipedia.org/wiki/Nationalisation_of_Northern_Rock

 

 

http://www.fscs.org.uk/news/2008/february/northern-rock-plc/index.html I firmly believe that when the government took over they breached their own mortgage covenant . as the communication from them directly, ceased to me for over 2 years. during which time I was locked out of my own house.

As far as I can see there is nothing in those linked items that supports your contentions.

 

 

If you have problems with the way any solicitor (s) have acted you need to complain to the SRA.

 

 

When did you send the SARs, did you send the £10 statutory fee?

 

 

If you have a problem with FOS complain to the Ombudsman not the adjudicator/ case handler.

[steampowered]

A few thoughts below. Feel free to respond or not, just a few queries below which strike me as necessary for anyone to understand your situation.

 

I personally do not see a clear legal basis for pursuing the government over this. The government is a shareholder in NRAM. You cannot sue the shareholders of a company for wrongdoing committed by the company, except in very exceptional circumstances. This is really the purpose of setting up a company, it is called corporate limited liability.

 

Are you not able to track down the 'fraudster'?

 

Why does the FOS chap opening mail affect anything? Why did you send materials to the FOS that you did not want the FOS to look at?

 

If SARs have not been complied with, you can complain to the ICO. I do not think it is wise to serve a SAR on the mortgage company's solicitors but it is certainly legitimate to serve a SAR on the mortgage company itself.

[starlord]

I have tracked down the fraudster, her real name etc address, the documents were sealed which I picked up after I eventually gained access to the house, despite my writing to the address they ignored me and continued to write to the other property where my ex wife was.

 

the sols were served a sar as they are trying to charge over 6k in fees which I have received no breakdown of, they seem to think they can charge what they like whilst they ignore me and silly old me will just pay them at the end of it all.

[starlord]

it states that virgin media took over sole, lock stock and barrel. the fraudster was the alledged barrister and because they are not registered I cant report them to the legal authority, I did pay the fees by postal orders both of which have been cashed

[starlord]

it is my understanding that a replacement mortgage contract should have been issued with revised terms upon takeover, this never happened..

 

 

something as large as a mortgage.by failing to respond to my letters and continuing to write to what became the empty property,

breaches the contract on there part,

 

 

I asked such questions as changing from interest only to buy to let,

something as important as that,

yet they still ignored it whilst continuing with repo process.

 

 

there sols told me they had passed the complaint to n rock to deal with a

nd I only received a response to the complaint till after they had repod the property.

 

 

the repo itself was oppressive and deliberate,

 

 

I will wait for them to take me to court then defend it and counter claim.

 

 

the dd mandate to pay them became invalid regarding the repayments also.

 

 

these are just few basic issues,

 

 

I appreciate your opinions and advice, that's why I am on here.

 

 

I think the only way it will be resolved is before a court.

 

 

there are more serious issues which is why I will hold the directors accountable

and will request they be summoned to answer for the actions of their business.

[BRIGADIER2JCS]

I have tracked down the fraudster, her real name etc address, the documents were sealed which I picked up after I eventually gained access to the house, despite my writing to the address they ignored me and continued to write to the other property where my ex wife was.

 

the sols were served a sar as they are trying to charge over 6k in fees which I have received no breakdown of, they seem to think they can charge what they like whilst they ignore me and silly old me will just pay them at the end of it all.

 

 

I don't think any new "contracts" were needed as the mortgage side of the Northern Rock Business continued unchanged.

This would I think have been brought up earlier if there was a problem, certainly not seen any others with this contention.

[steampowered]

If the other side's sols were awarded costs and are charging excessive fees, you have a chance to contest that through the court system. Did the court award costs against you? If so, did you push the costs to an assessment hearing?

 

it is my understanding that a replacement mortgage contract should have been issued with revised terms upon takeover, this never happened...

This is not correct. The shareholders of a company are not the same thing as the company itself. The fact that the shareholders of a company change does not affect the legal obligations or contracts of that company. It is also likely that your mortgage would have given Northern Rock the right to assign the right to repayment to a third party.

 

I think the only way it will be resolved is before a court.

Maybe. It sounds like this story has already gone through a court process?

[BRIGADIER2JCS]

If the other side's sols were awarded costs and are charging excessive fees, you have a chance to contest that through the court system. Did the court award costs against you? If so, did you push the costs to an assessment hearing?

 

 

This is not correct. The shareholders of a company are not the same thing as the company itself. The fact that the shareholders of a company change does not affect the legal obligations or contracts of that company. It is also likely that your mortgage would have given Northern Rock the right to assign the right to repayment to a third party.

 

 

Maybe. It sounds like this story has already gone through a court process?

 

 

I believe this has run through a court process and starlord has not had his own way, it seems now more like "revenge" being sought for the failed litigation.

[starlord]

I believe this has run through a court process and starlord has not had his own way, it seems now more like "revenge" being sought for the failed litigation.

 

 

 

the seizure went ahead in ignorance of my letters, and been defrauded by a woman claiming to be a barrister, they are pursuing me for a debt which hasn't been to court and this is why I am here in readiness for that. I had no litigation due to the fraud and stolen documentation I had to hash a defence together

[Ganymede]

the seizure went ahead in ignorance of my letters, and been defrauded by a woman claiming to be a barrister, they are pursuing me for a debt which hasn't been to court and this is why I am here in readiness for that. I had no litigation due to the fraud and stolen documentation I had to hash a defence together

 

How exactly were you defrauded by the fake barrister?

 

Was she not qualified at all but holding herself out as a barrister?

[BRIGADIER2JCS]

the seizure went ahead in ignorance of my letters, and been defrauded by a woman claiming to be a barrister, they are pursuing me for a debt which hasn't been to court and this is why I am here in readiness for that. I had no litigation due to the fraud and stolen documentation I had to hash a defence together

As has been said you should complain to the appropriate regulator or in the case of the alleged "fraud" the police.

Suing the Government over the NRAM scenario will I believe get nowhere.