my Leasehold/Freehold property and it's issues.

[HP Mum]

UnlceB - the lease is sufficiently long enough for any bank's satisfaction. 

I see the bank has recently set up a btl arm - so you maybe correct?

 

When you say 'not sure why they can't sell it at a loss' - what do  you mean?

 

I know they have been sitting on 1 offer for the lease for almost 1y.    With interest accruing I don't know why they didn't close that offer?  Although, given the poor market, potential buyer was prob hedging to see if they can get it cheaper?  Seems the bank should have accepted that offer, even if at a loss, cos the loss is SO much greater now...

Bank then advised they had agreed an alternative sale in October - but this clearly fell through.  Not sure what happened with the 1st poss buyer?   This is another reason to ask for sar - requesting viewings/ offers details.

 

dx - I didn't send in a sar before as I thought I should only do that when they started demanding money - ie now they are trying to go for b.

[BazzaS]

5 hours ago, HP Mum said:

 

I see the bank has recently set up a btl arm - so you maybe correct?

 

 

do you mean they are buying FH / LH to let themselves, or they have an arm offering FH’s btl mortgages?

[HP Mum]

I mean they are normally just sharks offering high interest short loans.  But they have started to offer low interest btl to borrowers.

They refused to switch mine when I asked ages ago.

[unclebulgaria67]

You could make an offer to rent the house from them. Then they will have a tenant and know the address to send any correspondence.

[ericsbrother]

yes both and others as well.

however if you are the one being sought there is nothing you can do without giving them another address for the service of documents. Any helpful relatives in Sicily?

[HP Mum]

thanks.

they have been informed that they have the wrong address by relative.

Should I give them my old address?  Mail has been on divert to somewhere I can collect - not relatives!

[HP Mum]

Nice thought UncleB - but they'd never  allow that!

I want to send sar - can I send by email now?  Or have to post?  And can I ask them to send docs c/o old address, on basis mail on divert & i can collect from a mailbox.

[HP Mum]

Even though I have never had a SD served on me, does the 4 months period in which to issue a B petition still stand? 

Or does the processor - or whoever wants to serve - have to serve a new SD correctly at a known address and thus the 4 months process starts afresh?

[BazzaS]

What is your (realistic!) desired end-point here?

[HP Mum]

BazzaS - I am not 100% sure.  However, I do expect them to treat me fair.  Not to try get a backdoor B without my knowledge.

I sent in a sar.  2 weeks later - no response,yet.   Should I send them a reminder?    I want to ascertain all the costs applied, the interest accrued, the offers received etc.  IF they get a processor to serve a SD properly I want to be properly equipped with all the info from behind the scenes.  Then I can question or fight against B.

 

 

Edited March 6, 2020 by HP Mum

[honeybee13]

They have a month to send the information.

 

HB

[HP Mum]

Can I ask - if there is no Gazette notice found - how does one try to locate a potential court hearing in a potential unknown remote court location at an unknown point in time??

I mean, if lender/bank deliberately hiding their actions - what can borrower do? 

i.e.: lender given correct contact details of borrower but lender failing to respond within 30 days to sar.  No sar reply means no disclosure. Which means instead lender has potential to secretly action a back-door B

How would borrower try find out if a process is going on and via which court?

[unclebulgaria67]

Give them your address, where they can definitely make contact with you.  If you don't have a fixed address, then give them an email address which you state can be used for them to contact you and you can then arrange for them to meet you in person if they wish.

[HP Mum]

thanks UncleB

That has been done within sar - to which they have not responded

and elderly relative written to process server/ lawyers to stop sending letters/ harrassing at their address.  But they have continued...

Am concerned that lender deliberately not sending legal letters to correct address is their plan

 

Have done lots of research on lender.  Seems they do this a lot. 

 

It seems clear that these people don't want to be transparent with their actions.  They have ability to serve notices in a correct manner - I have advised in writing - but they chose to create a sideshow in a completely different locality.   Seems like they hope to get a backdoor B without me finding out - until after a court hearing/ judgment?   Nothing in gazette.

 

Assuming they persist in a devious manner and get to a court somewhere - am I reassured that they would not be granted B due to not being able to provide a 'certificate to prove service'?   And if the judge allows an adjournment of, say a few months, what would happen at the next hearing - that I still don't know about and they still haven't got 'certificate of service'? 

 

Would a judge just allow them to make me B -  with them pretending they "did everything to find me"??

OR - would a judge dismiss their B petition due to no 'certificate to prove service'?     

If there's a risk a judge could dismiss - does that mean these people would be obliged to behave correctly and should locate me/ serve me properly?  And if they do - what are my options then?

 

They have not yet responded to sar.   Delayed perhaps on purpose?

 

Just another thought - will this virus affect court hearings?

Edited March 15, 2020 by HP Mum

[HP Mum]

What is the next step to take when haven't been sent docs within 30 days?

They had it in writing on the SAR where to send all the docs

 

They have had 30 days before we all got put in lockdown.  So there's no excuse.

However, I wonder who will now be around to argue/ enforce their failure?

 

Can I ask - is there a special letter to write re not receiving data?

[unclebulgaria67]

The information you need is on the ICO website

 

https://ico.org.uk/

 

 

[HP Mum]

Thanks UncleB

Been reading through it.

 

Thing is - I've received some info.

But barely any. 

Clearly not full disclosure of all data. 

And I want them to send ALL.

 

Can also see errors in some docs (personal info on me) that were obviously corrected later, yet they have not sent the communication between the 3rd party and themselves which would have highlighted the errors and when they were corrected.

They have not sent any electronic email data nor transcripts of texts or phone calls.

 

Listed some of the companies with whom they have liaised

- but provided none of the communication data. 

 

in other words

- if they appointed p.i or process server to issue proceedings against me they have not disclosed anything that reveals that.

No data from their lawyers about me.

 

provided pretty much no data over the last year;

a year in which there must have been tons of data,

regarding me and my assets,

discussed with 3rd parties and internally.

 

imo - they have deliberately withheld full disclosure.

I want to ensure they send it all

 

little update - a letter has just been popped through relative's door

- addressed to me at their address again but which was obviously mistakenly delivered to a neighbour

- another wrong property.   

 

Turns out they went to a tiny court in an obscure geographic location

- to try get B.

But service not proven - so adjournment.

 

Meanwhile there is zero disclosure of this in the bank's email reply to sar.

It's like they don't want me to know they are doing this behind my back...

 

Surely this lack of disclosure will back-fire against them?

 

Just out of curiosity - what will happen to court cases if we are all still on lock-down?

 

And, if they still haven't advised me

- despite having the ability to do so via sar

- what would happen at any adjourned hearing?

 

[unclebulgaria67]

So adjourned as they cannot prove you have been served correctly.  Not going anywhere, until they have proof they have served the demand on you.

 

Complain to the ICO about the SAR not providing all of the documents. If you read the linked ICO informed earlier, there are details of how to complain.

[dx100uk]

opppss...fake sd they downloaded and sent hoping you'd wet yourself..

never intending to go any further...then decided to try their luck with it...

 

how unusual...used to be the favourite trick of 1st credit DCA 

[HP Mum]

I've had a read of the council tax 92 regs (admin & enforc). 

 

Section 2 - seems to cover how correspondence concerning a property should be addressed. 

 

I have the following query:

 

I notified my council by email (lots of messages to and fro) and sent copy of Order

- all got resolved, refunds made, property labelled as exempt. 

 

The next  physical letter for the property I still received (on divert).

The letter was not in my name. 

It was labelled 'The c tax payer'.   

I had not given council a forwarding address. 

 

I had email advised I was temp residing elsewhere

- so all communication to me, about me, was to be done just by email.   

I had also redacted the bank's name on the Order.

 

Why would the council - as seen in sar - subsequently send letters addressed to me c/o the bank's address?     

The council clearly didn't get the bank's details from me.

Is it possible bank 'pretended' to be me, used their address as 'my' forwarding contact address?  

 

The property is exempt - so there is no need for 'my' name to be on council records, let alone c/o the bank.

How can I find out what has happened? 

And can I easily remove the 'wrong' address attached to my name?

 

dx - these people are trying all sorts of underhand tricks - they are awful. 

A barrister friend likened it to "they think they are above the law; they keep trying to circumvent it for their own purposes - and it won't work".  

 

re: the court - they still haven't served sd and their B petition thus got adjourned. 

None of this was disclosed in the sar.   

 

Are they now supposed to locate me and issue a proper sd

- before the adjourned case 

- which they haven't told me about... 

 

Out of curiosity - in the midst of nationwide lock-down how can anyone be served?

[unclebulgaria67]

Don't understand.

 

Why would the Council become involved ?

[HP Mum]

uncleb - It's not that the council should be involved, its just that sar shows my name on council records c/o bank address. I never told council that. 

 

Can a bank be deliberately obstructive and refuse to send data - requested via a sar  - under guise of their right to privacy....??

[honeybee13]

Whose privacy are they talking about, HP Mum?

 

HB

[Ethel Street]

15 minutes ago, HP Mum said:

Can a bank be deliberately obstructive and refuse to send data - requested via a sar  - under guise of their right to privacy....??

 

 

I have a feeling this was discussed much earlier in the thread, but maybe it was a different thread.

 

You can only make a Data Protection SAR for information about you. Not about someone else. So if you have made a SAR request for your relative's information the bank would be right to refuse it.

 

I haven't read back through the thread, but was there a reason why you couldn't get your relative to sign a SAR themself? You could draft it and send it off, just get them to sign it.

Edited April 3, 2020 by Ethel Street

[HP Mum]

I wrote re my data.   They have replied quoting their right to privacy!

 

they sent barely any info, so i expanded request on exactly what is required of them.  Got no information back.

 

Just a standard privacy letter stating: how they will collect & use my personal data / who they are / why they collect my data & what personal data they require / what they do with my data/ and a generic list of the type of people with whom they share my data

 

For example, if they have commenced legal action against me surely they should disclose this?   If I request details of agents and property offers, they should be transparent?

 

It is blatantly obvious that they are hiding certain details / they do not want to disclose what they have been doing.

 

It is clear I will have to make a complaint to ico.  Maybe fca?

But would such a complaint potentially lead to legal action - but I would have to instigate?  Or would the ico instigate/ prosecute?   I ask because existing cases are being put on  hold for 4 months, and even then to be heard at first available date thereafter, so with a huge backlog then maybe end of year.  And not sure anyone could even start a legal process now?   

 

And I want the data now - I don't want to fight through the courts for my right to see what they have said/ done.

They are being deliberately evasive/ obstructive.  Playing the card that they are large enough to drag this out on purpose and have enough money in the bank to not care about any potential future fine?

 

Not sure what I can write to enforce them to send me the data they hold on me?