Halifax PLC-Repossesion-help needed

[TideTurner]

langhar,

 

First and foremost, you need to inform them that any contracts that exist are in dispute.

 

As this is a mortgage and goes back a long time, you need to make a detailed Subject Access Request under the Data Protection Act 1984 / 1998. This will provide you with the necessary information to scrutinise and dispute.

 

You then have to make an application to the Land Registry (this is a free service online) and get the price achieved of other properties in the same area at the time your property was sold - Land Registry: Buy Land Registry Title Deeds and Plans for the UK. Also try Free Land Registry House Prices & Property Valuations- mouseprice.com.

 

Then check for any contracts (Mortgage Indemnity Guarantees / Insurance which were taken out against your mortgage without your knowledge.

 

Try and establish the interest rate applied / charging structure, and when you receive your statements, spend a bit of time going through them identifying all charges.

 

Then write back, and ask for a thorough explanation for each charge they need to justify each of them).

 

Start with the SAR (they have 40 days to respond).

Dear Sir / Madam,

Re: Subject Access Request, Data Protection Act 1984 / 1998. Current Address as above

 

I understand that you currently hold details of my personal and financial information within your internal record systems.

I would be grateful if you would provide the following: -

• Full copies of all contracts which you believe exist between myself and your organisation, including copies of any documents you hold in support of same.

• Details of the identity of any individuals or organisations who have provided you with my personal information together with copies of any letters of instruction provided by them, or any contracts entered into between yourselves and any third party, and the relevant dates to which those contracts relate.

• Detailed copies of any statements, including any invoices, debits or credits made to my account, and, where appropriate, full details of those who carried out any work or transaction which resulted in any charge or penalty being made to my account.

• Copies of all documents which include any of my personal or financial information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information

• Full details and copies of any documents upon which you have relied, when you have provided my personal or financial information to any individual organisation or third party.

• Full copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information.

• Full copies of any correspondence in postal, email or any other format which you have entered into with any individual, organisation or third party which contains my personal or financial information, or which pertains to our myself.

• Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time it was held or provided to a third party.

• Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a decleration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

• Full hard copy print outs of any of my personal or financial information held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations in a legible format.

• Your registration number with the Information Commissioners Office.

• Your Consumer Credit License number.

Where reference to emails is given above, these emails should be taken from your email servers or backups / archives held in a magnetic or digital format. These emails may not be present on a user’s local system, and may require the assistance of your IT department / IT providers, who you should contact immediately for their provision.

Please confirm whether you hold a physical file with details of my personal and / or financial information. If so, please provide details and dates of any instance when this file has left your control, to whom it has been communicated, the method of transportation / communication e.g. Royal Mail, courier, by hand, electronically together with any precautions taken to ensure that my information has not been lost, stolen, misplaced or made available to anybody who does not have authorised access, including those who would use my information for the purposes of identity theft, or registration with any credit agencies. Please provide a full copy of this file and confirm whether any of the documents held within the physical file are computer generated..

Under S.40 of The Administration of Justice Act 1970, if you believe you have provided my information to any organisation, agent, or individual who may have used it for unlawful purposes, you should contact me immediately, and provide full details of their identification and address, together with full details of any instructions you have provided to them. If you have forwarded or communicated my personal or financial information to any person, company, or organisation, please provide a copy of the authority, signed and dated by myself upon which you have relied prior to doing so. It is a criminal offence for yourselves, or any agent appointed by yourselves to perform any action which: - S40(a) “harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation”.

Under the Data Protection Act 1984 / 1998, as a Data Controller, you are responsible for the complete retraction of all information provided to any third party, should you be requested to do so, and have a duty to myself to ensure that any of my personal or financial information you hold is kept securely, and is only communicated to those to whom I have given my express permission / authority.

I have included a cheque / postal order in the sum of £10.00 to cover your fee for this request. If you are unable to deal with this request, you should immediately forward it to the person within your organisation responsible for Data Protection. If you do not provide the information requested within the given time limits under current Law, a complaint will be registered with the Information Commissioners Office and the Office of Fair Trading.

Yours sincerely

Langhar

Then follow this up with a telephone call to make sure they have received it. Make a note of the date, time and who you spoke to.

Hope this helps

Tide

[TideTurner]

Langhar, take a deep breath.

 

I am in the same boat, and am just coming to the end of my case.

 

You are entitled to counter-claim. You must make the Court aware that you have requested information from the Claimants who have refused to provide it.

 

You are also entitled to a complete breakdown of EVERY single cost and charge made on your account.

 

Firstly, you should defend this claim IN FULL by filling out the section on the claim form (tick box). You have 14 days from the Date of Issue to file an Acknowledgement of Service (by simply returning the Claim Form).

 

Do this next week, but DON'T miss the date, but the later the better. Before you do so, ring the Court and ask them how you get the Case transferred to your local court.

 

Have you sent an SAR to Halifax? This is the only place you are going to get a full breakdown of any charges made.

 

Ask the Court if you can apply for an extension on the grounds that the Claimants have refused to justify their claim, there is a good chance it could be struck out or an extension granted to enable to receive and analyse the information they hold on you.

 

DON'T miss the date to file your intention to defend all of their claim as above.

 

If you have your information or when you receive it, scrutinise EVERYTHING. Where a charge has been made which is not explained properly, get on the phone to Halifax and ask them for an explanation.

 

Make a list of all people or firms to whom they have forwarded your information, and insist on a copy of your original contract. Check the contract to make sure it is a true copy of the original, and that it is an agreement and not an application (wording on the top).

 

On Monday, go on the Land Registry and check the free information to see what the house was actually sold for. Then go to Free Land Registry House Prices & Property Valuations- mouseprice.com and check what it's worth today.

 

Don't know your full circumstances, but if you have suffered any losses in the past as a result of them applying unlawful charges (regardless of when they were charged) you will be able to recover these, and may be entitled to damages.

 

At the very worst, an assessment will be made of your financial situation, and provided you make a reasonable offer to repay it based on your finances, nobody will take your house. BUT DON'T put your head in the sand.

 

Now's the time to turn around and start fighting.

 

Off you go Sherlock.

 

Tide

[TideTurner]

Langhar, work hard ad let's turn this around so that they owe you money!! Ask for more time and then make a Counterclaim.

 

See my SAR above and follow it through with phone calls if you feel you are being attacked.

 

I've been there and fully know how you feel. Damned near killed me, but when I investigated they panicked and gave me all of my information.

 

Once I had them on the back foot I started hunting them, and discovered all sorts of weird and wonderful methods they use to rip off clients. To say I once placed them as being in a position of authority and trusted them, when all the time they were ripping me off.

 

Also look for any PPI or MIG insurance related to your accounts, solicitors charges, valuations (who were these performed by?)

 

Where they have made charges to your account for 'Solicitors Fees' or 'Court Fees' you are not liable for these, providing they were made AFTER an unlawful charge was applied to your account. You will then find it will snowball, and you won't be liable for any costs after this point.

 

If you have lost a house as a result of charges, what did you lose on sale? What was the average sale price of other houses in the area compared to the amount they sold it for? How much has the property appreciated since?

 

This is a good start for a Counterclaim, given that they have failed to give you the information requested.

 

Do they owe YOU money?

 

Tide

[TideTurner]

Langhar,

 

You need to counterclaim for unlawful charges, etc. (see my thread) and add interest. All of these should be "Subject to Assessment".

 

Therefore, the Judge may make a disclosure order against them which you should then scrutinise.

 

Tide

[TideTurner]

Langhar,

 

Your case is almost identical to my own.

 

Have you issued the SAR?

 

Did you get it back, with ALL of your information?

 

Have they proved you actually owe this money?

 

Were there any insurances on the property, in particular a Mortgage Indemnity Guarantee (MIG)? If so, the latest is these were mis-sold and those trying to reclaim them are acting fraudulently.

 

There is no such thing as going back six years, you may make a claim within six years FROM the date you discovered you were wronged, and go back to the date of commencement of the contract.This extends to 12 years with mortgages (please check) Limitation Act 1970 S32.

 

The Court document they issued, is it official? Does it have a stamp and a Case number?

 

Tide

[TideTurner]

Langhar,

 

Stop here.

 

The MIG is an insurance policy taken out against your mortgage probably without your knowledge.

 

Mine was also taken out with RSA, and my house sold for a similar price, although when I got on the Land Registry website, 6 other similar properties were sold at the same time for more than twice the price very quickly.

 

Everything is now in dispute until you are satisfied that you have received the information you are entitled to under the DPA.

 

Was your mortgage taken out with the Halifax, or did they buy out the company you took it out with?

 

Write to Wragge ass, and ask them how they came about holding details of your personal information. Also put in there that you require a copy of their letter of instruction from the Halifax, and a copy of your original mortgage agreement.

 

You need to insist on receiving every scrap of information they hold, you'll be shocked.

 

If you do not receive this information, contact the ICO and make a complaint.

 

Tell Wragge to butt out until you can establish the legitimacy of their "claims".

 

Also see my thread http://www.consumeractiongroup.co.uk/forum/general-debt/34094-mortgage-creditagricole-birminghammidshires-halifa.html - this makes me so angry because I knew they were doing it to others, using the exact same method - assholes.

 

Tide

[TideTurner]

Langhar,

 

Halifax have 40 days from the date of the S.A.R - (Subject Access Request) to provide your info. The 'does not form part of a relevant filing system' is utter bull.

 

I would phone them and tell them you intend to make a complaint to the Information Commissioners Office if they do not comply with your request within the 40 days.

 

Information Commissioners Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

01625 545700

 

Tide