Divorce and mortgage settlement DPA1998

[obiter dictum]

Going through a messy Divorce at the moment. I am having difficulty raising a settlement figure as i am 47 years of age. The Maximum mortgage i can raise will be 40 k as to my age and income. My ex wife solicitor has stated i can raise 70 k. This is where it starts getting interesting

 

My ex- wifes solicitor has contacted an independent financial advisor, she has given them all my private confidential details without my express permission. She is using the figure of 70 k in trying to bully me into submission

 

Can her solicitor do that, that is pass all my confidential financial details to an out side Broker for a quote without my express permission

[Andyorch]

Thread moved to the correct forum.

 

Regards

 

Andy

[obiter dictum]

Bump

[steampowered]

The solicitor will in theory be subject to the DPA. However the DPA states that they are allowed to deal with the data without your consent if:

 

The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject.

 

I suspect the solicitor would say that they are covered by this exemption.

 

You need to work out why the financial advisor thinks you can get 70k but you think you can only get 40k. You cannot both be correct. You should try to get some evidence why you can only get 40k, e.g. an offer from a bank stating the maximum they will lend you, or an email from your own financial advisor.

[obiter dictum]

I gave a meeting this morning with her solicitor, i have 6 mortage quotes fro different mortage brkers and banks saying exactly the sme thing, it is only the financial report from this one financual advisor that is saying different contracted by her solicitor

[steampowered]

Have you shown her solicitor your documents? I imagine there is a reason why her financial advisor is getting very different figures. Perhaps the information provided to her financial advisor is not accurate; you need to find out what information was given to her financial advisor to check whether it is correct.