Complicated LLoyds bank debt - now issued repo proceedings on last asset

[BRIGADIER2JCS]

ah brigadier (nice tash).....

 

i will seek advice, but of course that is costly. will it harm any potential claim/action i have against lloyds if i write to them initially asking questions, maybe on a WP basis?

I do think you need to be very carefull not to highlight to much detail on a public forum where there is it would seem there are grounds to allege fruad by any party,individual or corporate.

 

Subject Access Request may provide an insight along side questioning as you suggest.

[unclebulgaria67]

Yes I agree that if Lloyds are not chasing the shortfall, that you should dig away, by asking for information.

 

Once you are in a position to write to Lloyds Head Office, then I would suggest that you write to them making a complaint (not allegations) and ask them to investigate. Make them aware that you think there are issues that the FOS and FSA might wish to review about the way matters were handled.

[Ford]

... just for information purposes the property was originally valued in 2004 (full physical inspection), two further drive by valuations were also carried out for example in 2007 which cost me £411.25. in the 2007 valuation checklist the lloyds manager for the 1st time wrote 'valuation includes paddock which is not charged to ourselves and as such covering letter attached from valuer reducing the value by £10k. this was a small paddock not attached to the house which had been included in the 2004 valuation. in his comments there is no mention of the further 2 acres attached to the house's garden!!

 

from this, doesn't seem like fraud, rather a poss 'mistake'?, if anything?

Edited December 2, 2012 by Ford

[BRIGADIER2JCS]

Address any complaint to the Legal & Compliance Team.

[hesanmp]

ford

 

how can it be a possible mistake when i offer security which includes my house and garden. the title plan from the registry which is the same plan that is used by lloyds security centre for registering their charge. however in the mean time the valuer is instructed to include land outside the title plan. when the charge is registered the land registry plan shows the house and garden only?

[Ford]

...valuation includes paddock which is not charged to ourselves and as such covering letter attached from valuer reducing the value by £10k....

don't confuse my use of 'mistake' as mentioned before. this could, depending on the circumstances, be beneficial

also, what has your solicitor been up to? and, when did you have knowledge of any incorrect valuation?

Edited December 3, 2012 by Ford

[hesanmp]

ah ford, the penny has dropped......... apologies!

[Ford]

no guarantees, but could be something worth considering. Edited December 3, 2012 by Ford

[hesanmp]

ford, sorry i didn't answer your last bit of your reply. property was repossessed in 2011. i first became aware of the incorrect valuation when the house was marketed and i subsequently instructed an independent valuer to value the property as of 2011 and 2004...

[hesanmp]

hi everyone

 

owed lloyds about 50k back in 2006.

30k liability for ltd company that went into voluntary liquidation and 20k on the personal side.

 

all accounts went to recoveries.

 

i had given a personal guarantee for the ltd company.

 

the company had substantial assets and the bank initially made a claim against the company,

 

they then withdrew it so they didn't get a dividend.

 

the bank secured their borrowings against my property which i agreed to

but it seems that the bank were over generous with the instructions they gave to their valuer,

 

it seems they included all of the land that surrounded the property which was not on the property title.

 

it also seems like the solicitor at the time working for the bank also confirmed the land ownership in their report on title.

 

in 2007 the bank for some reason removed their charge in error.

i was then threatened with bankruptcy if i didn't sign a new charge.

they then offered me a further £15k if i signed their mortgage forms.

 

i attended a branch where i knew nobody and signed blank mortgage forms.

at the same time the bank consolidated my overdrafts and by now with their extortionate interest rates, charges and fees i was now owing £90k.

 

i then found out that the bank would only agree to this increase

i.e. buying back their security if the house reached a certain value.

 

again the instructions given by my bank manager included land that was not even owned by me.

 

i have recently received my file following a sar request to try and get to the bottom of this

and it seems like the instructions given by the bank to the valuer on 2 occasions have been removed from the file.

also all of the correspondence between them and their solicitor has also been removed.

 

in conclusion my debt is now over £170k and they have security on another property which has some equity.

 

i have made them well aware that i will be defending any claim they bring against me.

 

they have also admitted in their file that any recovery for them would be a difficult one due to their actions

especially the way they recovered their security and lending against property that in reality had no equity whatsoever.

 

they have just written to me with their annual letter detailing the debt as part of their code.

 

they have asked for an income and expenditure form to fill in but the reality is i am on tax credits and have no disposable income.

 

does anybody have any suggestions for the way forward?

[citizenB]

I think you might find a wider audience in the legal issues forums - I will move your thread there - it is purely administrative and you need do nothing

[BankFodder]

How do you know that all of this information has been removed from the file?

[hesanmp]

ah bf

 

i have a copy of the valuation and it says for example following your instructions from lloyds, on such a date, there is no valuation letter attached to the valuation yet the report specifically refers to it. the valuer also comments on extra areas of land which were not in my ownership yet he is sent a plan marked for example a & b & c. they are then referred to in his valuation. there is even a reference to the instruction on the banks valuation check list yet no-one can find a copy of the valuation whether at branch level or within their files!!! i hope that makes sense?

[citizenB]

You can send a follow up and advise the Data controller that it would appear data is missing. If you have some idea of what is missing you could list those items. Then add that in view of this missing data, they should make a further search to ensure that you have received everything you are entitled to.

[hesanmp]

hi i did that and they checked their files and could not locate the instruction.... i have been sent copies of the valuations etc and they all refer to the additional land etc, someone must have given the instructions to the valuer!!! as i detailed before this occurred on 2 occasions, both times including the land. as a result the valuation given was well outside its true value.

[hesanmp]

hi everyone

 

what are the rules surrounding overdrafts and original paperwork, in other words if i am served with a stat demand from lloyds is there original peperwork i can request etc etc?

 

cheers

[Bazooka Boo]

Whats the story please?

[hesanmp]

hi everyone

 

is there a particular template for a dsar request for a valuation firm?

 

cheers

[Ford]

i don't think there is on cag.

check out the ICO website re dsar's and what sort of things are regarded as data.

ensure though any request is for ALL data held. and if you list any eg's for reference, ensure that you state that your request is not limited just to those eg's listed. if that makes sense

Edited January 4, 2014 by Ford

[hesanmp]

hi all

 

does anybody have the correct address for the LloydsTSB Legal & Compliance Team.

 

cheers

[Andyorch]

Thread moved to the appropriate forum.

[hesanmp]

hi andy which forum have you posted my thread?

 

cheers

[Andyorch]

The one you are in now...debt sub forums ...mortgage and secured loans.

 

 

Regards'

 

 

Andy

[hesanmp]

hi everyone an update on the sar request to the valuer

 

i received a rather small package following my sar request. it seems to be very selective and the documents i was waiting to see are not amongst the papers!! i know for a fact that important docs are missing because i have certain documents in my possession which were supplied to me within the banks sar request, these were certain instructions etc between the valuer and the bank.

 

what should i do?

[Old Cogger]

contact them and inform them the the SAR seems to be incomplete,. then if they fail again contact the ICO and make a complaint?