Bradford & Bingley Old Mortgage

[stan5131]

You! Learn something! The great Westy who knows all lol

[natwesttookmymoney]

I may have given that impression but I never actually said it!

(Sniff)

I just have greatness thrust upon me - and it's all down to that speed-reading course i did when i was 17. it helps me get through so much!!!

 

W

[TideTurner]

Westy, she's lying, we've set a date. See you on Trisha!

[natwesttookmymoney]

:d:d:d

[stan5131]

lol

[stan5131]

Well just a quick update. By our calculations, the 40 days are up on the 5th Jan. It looks like we will have to take them to court to make the comply with our SAR request.

[TideTurner]

Stansfield, have you calculated the total amount owed together with dates of charges and interest using Vampiresses spreadsheets? If they don't comply by the 5th Jan, the next stage is to make a claim against them. You will need full details of your claim and up-to-date figures for interest and charges. Any claim should state their non-compliance of your request, and they may be ordered to provide the requested information, at which point you may apply for an extension to give you time to go through the information and put forward any alternative arguments you may come across. My guess is they are struggling to comply, given the content of your letter and the sheer volume of claims they are receiving.

[stan5131]

There are no charges on any of the statement of information they have sent. There are some litigation fees that we have challenged, but there are no late payment etc. We know they charge them, but they just wont tell us what penalties they have imposed. We believe they have been capitalised ie lumped into the capital balance. We cant even put a claim together because of lack of information. We will have to take them to court just to get that.

[TideTurner]

Sounds like a classic case of concealement to me. You will need to ask the Court to request full details of a breakdown of all charges / debits made to the account, including the interest rate applied at the time. What are you doing with respect to appreciation of the property (given any charges made will have forced a sale, and your sister / partnership may now have been in possession of a more valuable asset)? Also, you need to look at the average sale price of similar properties in the same are, during the same period, and calculate the loss on achievable sale.

[stan5131]

Yes Tide. Can this be done online or do we have to go down to the courts? Is it a N1 we fill in and do you know how much it will cost? Once we get this info, I think the best option would be to go see a solicitor as the sale of the property at less than market value is a complicated one. How is it going with your claim?

[TideTurner]

Yes, it can be done online via MCOL (Money Claim On Line) depends on the amount and how complex your case is.

 

The link to costs is County Court Fees

 

The MCOL is fast and direct, however, you can make a Claim N1 with the Court. On the N1, you can put "see attached" in the Particulars of Claim" box and include seperate information outlining your case.

 

With the MCOL, I believe you are restricted to the amount of characters you can input into your Particulars of Claim.

 

The MCOL also gives you the facility to record the date of issue on your system.

 

I'm at the N1 stage, and will issue early in the New Year. I won't be taking prisoners.

[stan5131]

Tide, there is no point in taking them to court for the charges, as we dont have any - ie they wont tell us what they are? We know they have imposed penalty charges, but they have been added to the capital of the debt and dont show on the statements. This is what we need to take them to court for. A simple list of the charges/late fees etc. All they sent us was a booklet explaining what they charge for this and that but NOT what and when they have charged my sister. Without this info, we have nothing to go on.

[TideTurner]

You have a number of options. Making a complaint to the Information Commissioners Office will help in the big picture, by highlighting the fact that these organisations have deliberatlely flouted the Law, but won't get you the information you require.

 

By making a claim, you can ask the Court to request the missing information.

 

At this point, your claim will be in progress, and you can alter your particulars accordingly.

 

A good starting point would be the value at sale and note in the claim that there may be other elements of your claim which you are unable to specify / estimate due to the non compliance of the Defendant.

 

These can be added once the Court has ordered the information be made available to you.

[stan5131]

I was thinking more along the lines of taking them to court just for the information. Once this has been ordered by the judge and received, we can put a claim together in terms of money. What do you think. There is so much that they havent provided and so little in the form of charges showing that it hardly seems worth it. There are one or two Administration fees of £70 and £40. Thats it!! There are lots of "additional interest" and "interest for period" but we dont know what they are for and whether the are disguised penalty charges because there are so many.

[TideTurner]

"Additional Interest"! For what? No wonder they're witholding information.

[stan5131]

Exactly. The are sometimes four entries of "interest for period" in a month (some for a couple of hundred quid) but does not say for what period. Why does it appear 4 times in some months for different amounts? Can we just take them to court for the info? I think we will need some time to trawl through it all when we get it and of course consult a solicitor if need be.

[stan5131]

Furthermore, they have not supplied breakdown of litigation fees so we dont know how much of those have been unlawfully bumped up.

[TideTurner]

You have been provided with statements which offer no explanation as to the description of EVERY charge. You've paid for it, so what did you pay for? If you issue proceedings, they will have to provide the information under disclosure rules.

 

This is clearly an act of concealement.

 

The charges are being hidden by the decription on the statements.

 

You also need to consider a complaint to the Information Commissioners Office outlining your position and the fact you have been denied information to which you are legally entitled.

[TideTurner]

See this post - may be a job for the ICO

 

http://www.consumeractiongroup.co.uk/forum/general/3598-do-you-have-charges-23.html#post456041

 

Quote "The Defendant had not complied with my S.A.R dated 11 August 2006- (Subject Access Request) and I had no means of validating the charges applied to the account. I had to report the Halifax to the The Information Commissioner's Office on 30 September 2006. Within a week I received all the requested information.

· The letter is internally inconsistent in asserting the Defendant’s rights under the Limitation Act whilst offering to refund charges levied more than six years ago.

· I do not consider that Section 5 of the Limitation Act places a restriction on this claim.

 

If the charges are time barred by virtue of Section 5 of the Limitation Act (1980) then I contend that he Defendant has concealed, and continues to conceal that the charges debited are unlawful. If this is not the case, and the Defendant truly believes that these charges are lawful, then I contend that the Defendant is mistaken. As I only became aware during July 2006 that the charges debited were unlawful, then section 32(1)(b), or section 32(1)©, of the Limitation Act 1980 should apply, and the charges debited are therefore within the primary limitation period".

 

Thanks to Wilkins

 

You may proceed anyway, but as you know, better to know what you're claiming.

[stan5131]

Thanks for that Tide

[stan5131]

Well...... it was D day today! I dragged my big sis down to the courts today and we filed the N1 form of non compliance of our SAR request under the Data Protection Act. It was £150 to file the form and £30 to claim for compensation upto £300. The more money you wanted claim for compensation, the more it cost. Something like and extra £400 if you wanted to claim £1,500. So we went for the smallest as my sis nearly fainted at the cost and I had to bully her into a corner and practically prize her cheque book out of her bag. We were stood at the counter for nearly 45 mins with a massive queue building behind us (one person serving, who didnt know anything about an N1) squabbling and bickering like a double act!

 

Anyway, the girl behind the counter, tried to persuade us to fill in Pre Action papers, which I knew was the wrong paper! She kept wandering off to seek advice from colleagues but no one seemed to know anything about it. In fact, we came away from there not even knowing what to expect next. I asked if the defendant now gets 28 to respond and she didnt even know that!

 

However, the papers are filed, money paid, and we cant wait to wipe the smug look off all the faces in the collections department at Bradford and Bingley. And if any of them are reading since site..... HAPPY NEW YEAR!

[TideTurner]

Stansfield, you need to be specific with the Courts that you request a full breakdown of any interest charged to your account. Then cross ref this with the information they have already provided to you. Look for any flaws with information already provided. As the interest applied to your account is of differing amounts and made several times in a month, I would guess that their account management system has this description as a standard description. Telephone the Courts and ask for details of the schedule for your request. The N1 is a claim form. B&B will be served and then you will receive an Allocation Questionaire. At that point you may request a breakdown of their charge via 'Disclosure'.

 

The amount of the loan and the interest rate will provide most of the answers with your case, however, be wary, it is up to you to prove to the Court your discrepancies are actually charges and not interest as they have claimed.

 

The Court will request the defendants to co-operate fully and will consider their failure to provide you with information which could have resolved this matter earlier with dismay.

 

All charges you pay in court costs are recoverable if you win, so let Sis know she's getting her money back. My Court costs are £1700.00!

[stan5131]

Thanks Tide. Do we need to do a schedule of what we require for the courts? When we filed, we just gave them all the paperwork and copies of ours and their letters ?

[TideTurner]

Yes, after a defence is filed, you will receive an Allocation Questionaire where you should state your entire claim, itemised. Be prepared to back up any of your claims. In this case I would list all unexplained interest charges, exclude what you believe would be the actual interest charge, then appl interest at the statutory rate of 8% from the time of the charge - try Vampiress's spreadsheets. There is also a possibility of contractual interest but haven't got my head around this yet.

 

I put all of my statement into a spreadsheet as soon as I got it and have used at all stages of my claim - N1 goes in on Monday.

[TideTurner]

Guys, get your lips around this post!

 

KAZZAW v Lloyds Asset Card - EVERYONE READ POST 15 !!!!!!

 

General Form of Judgment or Order

 

To the Claimant

 

kazzaw

 

 

Before District Judge ................. sitting at Lincoln County Court.

 

EX PARTE

 

IT IS ORDERED THAT

 

The Court of its own motion is considering striking the Defence out as an abuse of process on the basis that it has settled all previous claims of this nature. If the Defendant objects to this course of action it is to file at Court within 14 days, a Schedule setting out a list of all claims it has pursued to trial and all claims it has settled.

 

Dated 28 December 2006