In my ongoing battles with Halifax I have discovered a number of problems that I think that they face in persuing me for the shortfall.(posted 8504 days ago)1) They have no Money Order Judgement and say that they do not have the Mortgage Deeds. If I want these I should obtain them from the Land Registry as they are held with the Title Deeds. They are not willing to "obtain" these for me as it would cost money. Is it not true that if they have a) No Money Order Judgement and b) No Mortgage Deeds that they have No Case for me to answer.
2) My ex-wifes Salary has been ammended (the ammendment dated) after I had signed and dated the initial mortgage application in order. This was a mortgage subsidy that my wife was to recieve, but they have stated "No confirmation of this was either requested or recieved". - Fraud?
3) Despite my attempts to obtain Lending Criteria for 1988 they constantly refuse as I am sure that this will show that we did not have enough income to meet their lending criteria and I had only been in my employment at that time for 1 week! - Negligence?
4) 1988 MIG They have quoted Woolwich v Brown in their defence, but I am not convinced. I feel that I was mislead at mortgage inception. - Misselling?
5) Forwarding address sent to branch. Numerous letters sent to me following at Mortgaged Property Address, but only two or three to me at my forwarding address. Two key documents sent to the mortgaged address where my ex-wife was still living, was a) Notice that the Transfer had not been sucessful and b) Notice of Sale. - Negligence?
6) They have no Proof of Mailing or Proof of Delivery for the Notice of Sale. (Probably because they never posted it to an address that they had just sold and had the Letterbox secured with screws). The Building Societies Act clearly states "to last known address via recorded delivery". - Breach of the BS Act 1986?
7) They have failed to provide two independent valuations. They have only supplied their Valuation Report. It states that one Valuation was made by the selling agent and the other by IHV. I assume this means "In House Valuation" or "Internal Halifax Valuation". How can these be independent? - Negligence?
8) They have provided two Agent Reports. One in 1998 with a value shortfall of £24,000 and then another in 2000 with a shortfall listed of £27,000. All of the "Statements of Account" that have been provided show the latter amount when the last transaction on the account was dated before 1998. How can this be - Is this Fraud?
9) On a Possessions Report from the Regulatory Risk Dept (who dealt with my SAR) my forwarding address has been "whited out". On the Possessions Report (earlier date) provided to me from my "paper file" by the Collections Dept it is clearly shown. This witholding of Information would, considering point 5 above, I believe only be for the purposes of damaging my defence - Fraud?
10) From the paperwork provided it would seem that shorltly before the reposession my ex-wife was visited by "White Horse Mortgage Services". Both of their reports show a value of £48,000. The property sold 6 months later for £37,000. Negligence?
11) The Posessions report shows only one reason for default of 8. This is imprisonment. I have never been to prison and to my knowledge neither has my ex-wife. This report is in two flavours,one has my name only (ex-wifes name and details "Whited Out" when SAR was served) and the other in both names provided by the Colllections department. I consider this information to be extremely defamatory. - Defamation of Charcter?
Is it time to hit them with all of these, and if so what sort of a reaction should I expect. Any comments on this would be welcome.