Bradford & Bingley Old Mortgage

[alanfromderby]

So there has been no order for disclosure, or for exchange of bundle?

[stan5131]

No. Should there have been?

[alanfromderby]

If it is a full hearing, then I cannot see how either party can properly plead their case without knowing what documents the other side will be refering to. Clearly also, your case depends on information that the other side control.

 

This seems a complete mess.

[lellypea]

Hi Stan.....have just found your thread...... you left post on mine re Abbey microfiche.

 

I'm interested that you've had some probs with B & B....they've just responded to my SAR (re mortgage finished 1990) saying they don't have to provide me with ANYTHING as their microfiche is not a relevant system.....yeh....dream on!!!

 

To enforce their 'not relevant' point they write (quote)'This ruling was determined by the Court of Appeal in the recent case of Durant v Financial Services Authority and therefore we are under no obligation to provide information to you'

 

Did you come across this at all??

 

regards

 

lel

[invictus]

Stan,

 

sorry for the late entry I've only just come across your thread.

 

As a close freind of a B&B employee of many years I can maybe help you out with some of the questions you have about entries on the mortgage statements. This is what he had to say about the descriptions.

 

Interest for Period - is normal mortgage interest, it gets debited when the interest rate changes and covers the period from the last rate change up to the current one.

 

Additional Interest - is interest charged on arrears. Usually debited at the end of the year (or whenever a redemption figure is calculated), often a very small amount, something in the order of half a percent of what the arrears were at the end of each month. Sometimes can mount up quite a bit.

 

Arrears Fees - as I understand it your account was paid off (redeemed) in 1990. B&B didn't start charging a monthly arrears fee until some time after 1994.

 

Legal Cost/Litigation Costs - Will be what B&B paid their solicitors for handling the possession action.

 

Litigation Fees - B&B's costs of preparing their file to pass to solicitors.

 

Other default fees generally (inc. bounced DD) , he says were not charged until after 1994, which saw the introduction of a new computer system.

 

Hope this helps a bit. If you need more info let me know and I'll ask him.

[stan5131]

Invictus. thanks for your help. My sister is still actually paying off this mortgage. The property was reposessed in 2000. It was in arrears for a full year before being reposessed so I think they have applied charges.

[stan5131]

The court date is set for this Thursday at 2.00pm and time allocated is 2 hours.

 

My sister just received a letter from the solicitors sending copies of everything they sent previously. They claim that they have complied and have asked that we vacate the hearing or they will raise the matter of costs for attending. The only new document in the bundle is a form showing that they claimed £1,450 on a MIG insurance with Eagle Star. This figure was never deducted from the shortfall they claim my sister owes!

 

I telephoned and spoke to the solicitor dealing with the case. I told her we would not be vacating the hearing as they have still not answered the questions raised or complied. I said we had repeatedly asked for details of penalty charges. She was adamant that these are not covered for under the act. She said our claim is for non compliance and they have complied with Section 7 and they have sent all information which identifies my sister.

 

She also said that they at not at liberty to disclose any information which relates to a third party without that third party's written consent. They are referring to my sisters ex husband as it was a joint mortgage. So basically she was saying they dont have to supply any information that relates to him even if it also relates to her!!!

 

I could really do with some input on their comments. Surely all information under a S.A.R - (Subject Access Request) means details of penalty charges?

[invictus]

How did you get on at the hearing Stan?

[TideTurner]

Stansfield, how did it go?