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Halifax PLC-Repossesion-help needed


langhar
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Hi Tideturner,

 

The SAR has been sent to Halifax and they have sent me a confirmation letter but as yet have not supplied any documents requested. However, i also asked Halifax's solicitors for some information which they have supplied by letter today.

 

It is not my intention to dispute owing any money, but i do not agree with how much they are saying i owe and the circumstances with which they arrived at this amount.

 

It's funny you mention the MIG. The covering letter from Wragge says "the MIG was in place with Royal Sun Alliance for the sum of £5200.00. This amount was recovered under the MIG policy and now Halifax seek to recover this money, on behalf of Royal Sun Alliance, under a subrogated claim". I have no idea what this means so any advice on this would be great.

 

I would also like some advice on the following:-

1) What charges are they legally allowed to chase me for?? There are charges listed on the paperwork i.e, arrears admin charges,legal costs and a counselling fee which i can't remember anything about. Don't even recall being given any counselling by Halifax.

2) They have sent a copy of two valuations carried out by Halifax asset management which clearly states that they valued the house at £19,000 and suggested they market it at £22,450. So my question is why did they accept £13,500 at auction??(a house four doors down from mine was sold at auction in Oct 98 for £20,000 and was in similar condition to mine) Would this be an acceptable defence?

 

Lastly they have accepted a repayment of £50 per month but only if i admit liability for the entire debt. Not sure what to do.

regards Langhar

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Tell them you cannot pay the entire debt as legally it is now under dispute and until the correct information has been received from them - ie FULL breakdown of the cost of the sale, (which seems VERY high for that time) and FULL detailed breakdown of all legal services charged to the account at the minimum.

 

Also hang in there, I am having similar problems as I was repossessed in October and apparently my old property still hasn't been sold, our if it has, the charges are being clocked up on the first mortgage to the tune of £75 per month with £350 legal fees every three months..... goodness knows what the second charge lot are doing but I can't touch them via the Financial Services Authority as they are not regulated, but the first charge lot are and a complaint has been lodged.

 

Please also lodge a complaint with the FSA about this, they will tell you whether you have a claim just by calling them.

 

It is completely wrong that when somebody is in deep trouble the legal system supports hitting them below the belt with goodness knows what charges and legal claims which are easy to get thrown out in court. I've had two solicitors 'severely' told off by judges in court over their so called legal status.

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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

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Hi Tideturner,

 

My mortgage was originally taken out with Leeds building society. They where bought out by Halifax.

 

My biggest issue is the fact that their own in house valuers valued the house at £19,000 (2 valuations done by same people 3 days apart) but they let it go at auction for £13,500.

 

Wragge have said that if i accept full responsibility for the whole debt then Halifax will accept £50 per month but they want first payment by 30th May.

 

By the way I have posted my defence back to the court today. I am tempted to just let it go to court and see what happens.

 

I will be on the phone to Wragge tomorrow to get them to explain some of the charges that are on the account and also to find out as much as possible about the MIG.

Thank you very much for all the help you have given so far. I will keep you upto date.

Langhar

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  • 1 month later...

Just a quick up date.

 

Still not received anything back from Halifax in response to the SAR i sent them. I phoned Wragge on 11th May to request explanation of charges applied to my account and also to find out why house was sold for £13,500 when Halifax's own valuers valued it for £19,000. Wragge said they needed to contact Halifax for that info and they would get back to me asap. I still have not heard anything back from them on this.

Whilst on the phone to them i also asked if the info they had sent was in response to the SAR to Halifax and they said no. Halifax where under an obligation to reply to me directly with the info requested. As i have said Halifax have sent me NO info at all.

 

What are the time restrictions for Halifax to respond?

Is it worth me contacting Wragge for the info they where supposed to be getting for me?

Any advice on how to proceed?

By the way, i did get a questionaire from the court which had to be filed before 30th May. I sent it back to the court around the 20th May and have recently received a copy of the same questionaire sent to me by Wragge.

Thanks in advance Langhar

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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

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Hi Langhar and Tide Turner,

 

Good luck

 

Halifax can be really sneaky, I had a house repossessed by them in 1989. They started chasing me just before the 12 year deadline, we had just sold our home and were moving, so when we bought the house we live in now, my wife bought it in her name only and I just ignored the letters from Halifax and their solicitors. By the time they caught up with me it was past 12 years, so I wrote and told them to f*%$ off (politely of course).

 

A couple of months ago I did sar to experian, which included insurance CUE reports (whatever they are) it has 2 claims marked against my name at this address £793.77 (water damage) and £375.92 (accidental damage).

 

I did sar to Royal & sun alliance to find out about these ficticious claims and was told that they had no details as they were registered by Halifax GISL. both were registered on 06/07/2001 (just after I sent the letter telling them where to go)

This is done purely as retalliation

 

I found it quite shocking that such a high profile company could act like this, not quite sure who to complain to yet.

 

I hope you both win and have them owing you money

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