Shortfall, Subject Access Rightsgreenspun.com : LUSENET : Repossession : One Thread
My husband and myself are just about to issue a notice to the Halifax for subject access rights regarding a mortgage he had with his first wife, and we are being asked to pay the shortfall even though my husnad has not lived there for 8 years. Has anyone done this and did they receive anything worth reading. We have a querie that the Halifax seem reluctant to answer, the Halifax representative in one branch told us something that the Head Office have since denied, and we wondered if this was the right way to find the answer.
-- christine singleton (firstname.lastname@example.org), September 25, 2000
I have just served the same on the abbey they'll charge you the standard fee of 10 pounds . If they do not reply within 40 days of recieving you money then they have brocken the law. Good in court if you get there. You are not alone I've recieved a demand for 9.5k from the abbey. Worried to death !!Just follow the repo pages advice.
-- steve mace (steve@samace,screaming.net), September 25, 2000.
Try writing to the chairman of the Halifax to complain about the poor response to your queries and asking that he investigates. I did this and he instigated an immediate investigation into my allegations of negligence. Admittedly the results of my investigation only proved that they can't police themselves. It's worth a try, in your case they may act honestly and fairly. The address is:
The Lord Stevenson Chairman of Halifax PLC Halifax PLC Trinity Road Halifax HX1 2RG
Incidentally they may investigate and the results as in my case may make you feel the result is a cover-up. If that happens write again to the Chairman and make him aware of your feelings.
-- Tony Hayter (Tony@Hayter.com), September 28, 2000.
I would advise that when you serve the Subject Access Rights Notice enclose the full #10 maximum at that time. If it turns out that the fee is less (Unlikely - Why charge less when they can get #10!) then it is encumbent on them to return the change. This stops the lender being able to impose a delay - the 40 days will start from the day they receive the full fee.
Also send the #10 as a postal order NOT a cheque! Otherwise it's like saying here's the bank I'm with and heres my account number!
They already hold far too much info on you, why give them more.
-- Tony Hayter (Tony@Hayter.com), October 02, 2000.