Bradford & Bingleygreenspun.com : LUSENET : Repossession : One Thread
Just a few questions.....
After several requests for documentation from the B&B I have just recieved this reply
Valuation & Sales information: Independent valuations obtained at the time of the sale of the property after repossession do not constitute personal data under the Data Protection Act and therefore fall outside the scope of the subject access provisions
The Mortgage deed and legal charge form part of the title deeds which are forwarded to the purchasers solicitors. there is no requirement for B&B to keep copies.
Are not held in permanent format and where requested have to be manually reformatted. as they are not held in permanent format they fall outside the subject access provisions of the DPA98 and there fore were not provided as part of my subject access request. Should I wish to obtain these items I can request them from the admin departement but there will be a charge for the service:
Hmmmmmm....... so now what do i do any sugestions? they are not exactly help full are they?
-- (email@example.com), October 03, 2002
Have a careful read of the Q&A post further down, titled "Eviction Orders" ie the post at: http://www.greenspun.com/bboard/q-and-a- fetch-msg.tcl?msg_id=009zgJ. Make sure you read through the list of letters that this posting links to.
Also, you have a lot of peace of mind to gain from reading "Why Lenders Refuse to Supply Documents" in the Repossession section of the site.
Also, read "How to use "Disclosure" (formerly known as "Discovery") to get documents" in the Repossession section of the site.
I strongly recommend that you read all of the Do's and Don'ts pages that are also listed in the Repossession section of the site. Especially those that come after the heading "After they contact you and demand cash:" And doubly, especially read the "Look for signs of wrongdoing and carelessness in the responses to your SARNs." page that is in the Do's and Don'ts list.
A SARN takes you further than you would have got. But once you reach the end of what a SARN can do, then you have to wait for the lender to sue you (unlikely) before you can turn on other rights you have - such as Disclosure. In the meantime, read the "One reader's findings after serving SARNs on Abbey National" page (in the Repossession section of the site) the "Look for signs of wrongdoing and carelessness in the responses to your SARNs." page that is in the Do's and Don'ts list.
-- Lee (firstname.lastname@example.org), October 03, 2002.
Check to see if part of the shortfall claim etc includes the estate agents and valuation fees, if so then you are entitled to this information. When I had this problem, there answer to me was that they would waive all these charges. However i am still insisting on them.
good Luck Julie
-- Julie (email@example.com), October 03, 2002.
Have you seen the info under "How lenders resist proving the debt - and how to respond" on the Home-repo site under Do's & Don'ts ? Some useful responses shown are:
You will, however, be required to release these valuations/documents under Disclosure rules if you choose to take this alleged debt to court. I recommend therefore that you adhere to the Civil Procedure Rules by releasing them now. If you do not I shall seek costs against you for any subsequent court case on the grounds that you did not abide by the Civil Procedure Rules.
The Data Protection Act does not prevent you supplying me any data at all. I believe you are misquoting the Data Protection Act to avoid supplying me with information that you would be required to supply under the Disclosure requirements should you take this matter to law. I will use the Disclosure requirements of the Civil Procedure Rules to require you to supply this information before any court hearing should you issue a claim. I will also ask for costs against you as a result of your non-compliance with Civil Procedure Rules."
-- M Amos (firstname.lastname@example.org), October 03, 2002.
Looks like Lee beat me to it :)
-- M Amos (email@example.com), October 03, 2002.
Fiance is in same position with B&B. We wrote a letter back in March and have heard nothing for 7 months now but are fully expecting to hear soon. However I would write back expressing the utmost concern that your mortgage deed, which has absolutely nothing to do with the purchaser and is private and personal information about your financial details has been passed over to them and again stress they are confusing this with the title deeds. State that under Data Protection you are extremely concerned that some of your private financial information has been passed to an outside party. As Lee rightly says their refusal to supply documents is always good news, innocent parties always stand up and hide nothing. Good luck, if you want me to e-mail letter we sent to B&B solicitors in March let me know and I will send this to you privately. Chris
-- Chris (firstname.lastname@example.org), October 04, 2002.
Thanks for your response I have tried to email you privately but it was returned..
Could you please send me a copy of your letter so that I can get a few ideas on how to next reply to the B&B
-- (email@example.com), October 05, 2002.
Did you really expect them to be helpful, Lisa??
There's a fair amount of stuff you can work on here. For example, the deed/legal charge will either form, or be part of, your origonal mortgage agreement - if it doesn't exist (although it may be they are too idle to put the documents together), then there is no case for you to answer.
Better to ask them NOT for a mortgage deed (avoids confusion with title deeds)but for a copy of the origonal mortgage agreement/contract legally signed by all necessary parties.
As for the legal charge which may be a seperate document, You must be specific. Ask them for the charge in the name of (your name), and for the address of the property known as (the address of the repo'd house).This should put them on spot. If they don't have a copy, then ask them where else you will be able to obtain a copy, (they will need one anyway for any future court appearance).
They will need mortgage statements for a future court appearance therefore you are entitled to copies without having to pay for them. I would ask them to explain why their interpretation of the Woolf reforms includes 'charging a fee' for the disclosure of documents prior to negotiation.
Hope some of this helps
-- (firstname.lastname@example.org), October 05, 2002.