Bradford & Bingley Old Mortgage

[stan5131]

Wow Tide! Amazing stuff!

[TideTurner]

I know, what an amazing year to come!!

[natwesttookmymoney]

It is great, innit? Hope my judge does the same.

 

Ange - are you still up?

 

W

[stan5131]

Still up? Ive JUST got up. Went to bed around 6pm..... big mistake! And here I am now, wide awake lol

[Guest Battleaxe]

This could be the year the Judges decide enough is enough and make the banks, loan companies and Credit card mob, toe the line with regards to requests for information. I quote Judge Findlay who wants to make an example of the RBoS Data Controller for not supplying information.

[natwesttookmymoney]

Still up? Ive JUST got up. Went to bed around 6pm..... big mistake! And here I am now, wide awake lol

 

...and I fell asleep moments after that post!!

 

W

[TideTurner]

Battleaxe, do you have details of the case etc. Judge Findlay quoted on - I'm still having problems getting info from Halifax.

[Guest Battleaxe]

Tide Turner, it was one of the RBoS threads. I can't remember which one. I will have a look through my subscribed threads and see what I can do for you.

[Guest Battleaxe]

TT, I can't find the post. I just put it in my letters as an aside and leave it at that. It happened in December. the Judge stated if the claimant had known the name of the Data Controller the Judge would have called the Data Controller in Court and threatened him/her with imprisonment. He gave the bank until January to hand the relevant documents

[TideTurner]

Many thanks BA, I'll have a search of the thread, but from what you say, it shows the Courts are fully aware that the banks are deliberately withholding information, which is a criminal offence. My N1 goes in tomorrow and includes details of withheld information.

[stan5131]

The case was one of Zooman's and unfortunately he does not have a thread for it. Bankfodder posted the details.

[Guest Battleaxe]

Thanks for this Stansfield. it's so annoying when you can't find something, but it's good when someone else remebers it.

[stan5131]

My sister received a letter this morning from Bradford and Bingleys solicitors saying they intend to defend.

 

Cant wait to see what their defence is. Probably something along the lines of :

 

"It is our just and legal right to charge whatever we like, multiply by four, add 40%, times by three and divide by the share holders".

[natwesttookmymoney]

Only in a great many more words than that!

Hi, Ange!!!!

 

Westy

[TideTurner]

Bradford & Bingley? I was told they ceased to exist, but still have my credit card!!

 

Thinking about it, I have a Halifax and a TSB going back to the 80's so I'm looking at the 'Do you have charges going back more than 6 years' thread.

 

Hmmmmm, off to sharpen my teeth.

[stan5131]

Any news on your non compliance Turner?

 

Hi West, notice my makeover lol?

[natwesttookmymoney]

Any news on your non compliance Turner?

 

Hi West, notice my makeover lol?

 

It suits you. Nice glossy coat. Get it with the ill-gotten gains??

 

W

[TideTurner]

Stans, not yet, all is noted and will be put before the Judge,

[stan5131]

Ok folks, serious stuff here. Need some wise input from you all.

 

Firstly, my sister received yesterday a copy of Bradford and Bingley defence sent by Optima Legal Services as follows:

 

1. Paragraph 1 and 2 of the particulars of claim is admitted this covered that she had an account and issed S.A.R - (Subject Access Request).

 

2. It is admitted that the Defendant received a letter from the Claimant on or around 21 November 2006. A copy of that letter is attached hereto this defence. copy of SAR letter attached.

 

3. Paragraph 4 of the particulars of claim is denied. Pursuant to the Claimants request received on or around 21 November 006, the Defendant wil contend that the Claimant received the following documents

 

i) A complete set of statements illustrating a list of tansactions and charges relating to the mortgage account. yeah, showing a couple of admin charges, but no late payment, failed dd, arrears charges etc.

 

ii) Payments and costs Report dated 8th December 2006. This was a schedule of payments. She was paying £50 a month. In the schedule of payments, £40 went into a column titled B&B, and £10 into a column titled MIG. We asked for explanation of this and got nothing. Also no details of payments from her husband as we know he is also making payments.

 

iii) A copy of a court order and solicitors charges. We asked if legal admin was done in house, and for a complete breakdown of the work done. They did not answer these quesitons.

 

iv) Copies of valuations carried out by Colleys Surveyors.

 

v) A copy of a leter from BBG Corporate Property Services to Wright Hassal Co dated 16th December 1999.

 

Copies of those documents are attached hereto this defence.

 

4. Further, the Claimant refers to account history requiring 'manual intervention' by the Defendant. The Defendant has no such knowledge of any 'manual intervention' and the Claimant is put to strict proof as the meaning of such a term.

 

5. The Defendant will content that, within the meaning of 'personal data' at S1 of the Date Protection Act 1998 the Subject Access Request has been complied with to the best of their ability.

 

6. In the circumstances, the Claimant is not entitled to the refief sought or any relief and the Claimant is put to strict proof thereof.

 

The Defendant believes that the facts stated in this defence are true.

 

 

----------------------------

 

Now, guess what my sister got in the post this morning? A summons to appear in Birmingham County Court issued by Wragge & Co on behalf of B&B for £1,700 (being what they claim is the balance) plus £900 interest. What are they playing at!!!!

[alanfromderby]

Can you clarify that your original DSAR was for full disclosure?

 

In many respects the action issued by B&B makes things much easier. As it is above the limit for Fast Track, I would issue a full defence along with a Part 18 request for the information you have been trying to get from them.

 

I would also send a request to the court that the two claims be consolidated, as they relate to the same matter, and causes of action.

[stan5131]

Alan. I sent the standard SAR request. However, when we received the statements which were unintelligible, we wrote serveral times asking for further information and clarification. The statements simply do not show any charges for late/missed payments etc just a few admin charges which dont specify what for. My sister had a telephone conversation with them to inform them that the statements dont show any charges, their response was "if you cant understand the statements, we suggest you find someone who can"!

[stan5131]

Also Alan, are Wragge the same solicitors who turn up to defend ERC claims in a posse including a barrister and claim thousands of pounds of costs?

[alanfromderby]

Also Alan, are Wragge the same solicitors who turn up to defend ERC claims in a posse including a barrister and claim thousands of pounds of costs?

 

Sorry, I don't know.

 

As far as your DSAR claim is concerned, they have a duty under the DPA to provide information in a legible form. However, with them now issuing a claim, you can ask the court to combine the actions - this action alone will reduce your exposure to costs.

 

My inclination would be, as I said below, to issue a Part 18 request for the information you require under the new claim that they have issued.

 

I would also include in the defence of that claim that they are in breach of pre-action protocol 4:3, as they have failed to provide information to support their claim, and have taken action whilst you are trying to seek a resolution to a dispute over the account concerned - and indeed this failure to supply documents has led to you issuing a claim against them under the DPA.

 

As I see it, you have a VERY strong case for backing them into an extremely tight and embarrassing corner. Issuing their claim now, I feel, is a big mistake.

[stan5131]

Thanks Alan. Another thought. They have issued their claim in the Birmingham County Court which is some 3/4 hours away from my sister. Arent they supposed to issue in the courts near to the litigant in person?

[alanfromderby]

It doesn't matter where they issue, but you can ask for it to be transfered to your local court.

 

Probably the best route would be to send a letter to the court (Birmingham), along with your defence, asking that the case be transfered to your local court as your are a litigant in person.

 

I would then apply to your local court to ask that they stay the DSAR claim, pending the transfer of the other action. Advise them that this action is regarding the same causes of action, and that you believe it would help further the overriding objectives of the court if they were to combine the two actions.

 

They may refuse, but it would help both claims if they agree to this.