Mortgage mis-selling (HBOS)

[orfoster]

Re: Mortgage mis-selling (HBOS)

s.140a Unfair Relationships - Consumer Credit Act 2006 amendments
Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR)

They are mentioned at the beginning (very briefly) but there is nothing else in the POC.

Yes, unbelievable error, I submitted the wrong draft of the POC's but can't change that now, I was gonna try and put together a skeleton with this in it?

In the LBA you mention Consumer Protection from Unfair Trading Regulations 2008 but not in the POC

Was told as an individual I couldn't claim this so did drop this bit.

Which terms were unfair? What was the unfair relationship ? Everything concentrates on MCOB breaches, which is demonstrative of unfair relationship but you don't appear to be arguing it, or any specific unfair terms.

Yes I've messed up here, I could have sworn I'd been through Schedule 2 and listed the example.

Did you take the 6.15% fixed rate mortgage simply because it allowed a payment holiday.

Yes, I'd made enquiries with another mortgage provider who said they wouldn't cover it so I checked the terms in Halifax and then e-mailed them to double check and that's why I took their mortgage, the fixed rate was me balancing up security. In my mind I thought if I knew I was safe with the payment holiday issue and I fixed the mortgage then I knew what I'd be paying no matter what happened to the market and I'd be safe if I lost my job. When I spoke to the mortgage advisor I said to her I had those options or I'd stay on SVR and remain "portable" if you see what I mean so I could switch etc and I'd be just as secure as if I wasn't able to take a holiday if anything went wrong I'd still be in the *&^%.

I really don't understand the issue with the Shared Ownership and the Deposit though - solely because I don't really understand how the Shared Ownership works in relation to your mortgage.

Would the standard variable rate have been available to you as a shared ownership ?

Yes I could have gone for any product I liked at the time, it just had to be a repayment. When I very first spoke to the mortgage advisor said and I'm summarising here but "choose us because we will accept your shared ownership as a deposit" so in essence I paid NO deposit and had a £124.950 mortgage (full purchase price) if you added the two together but was able to take advantage of their products as I had a 67% LTV. Does that make sense?

If they don't defend, how do I go about applying for judgment? Is there a form?

[orfoster]

Re: Mortgage mis-selling (HBOS)

Credit File wise



So the two late payment markers come from where you asked to take the payment holiday and you want those removing.


(sorry filling up your thread I'm thinking out loud really)

Lol that's ok, its helpful, I hadn't realised some quite important bits!

Yes, absolutely bottom line here, late payment markers off. Just to be put in the same position as I'd taken a holiday.

It may or may not be important to say as I promised I paid the arrears in full, in 1 payment within 2 months of the nil arrangement ending as I said I would because I said it was just a dip that was temporary.

[orfoster]

Re: Mortgage mis-selling (HBOS)

Here is their latest e-mail to me dated 24 July 2014;

Thank you for your email dated 16 July 2014 to Mr Horta-Osório.
I am sorry that you remain unhappy with the bank in relation to your mortgage application in 2008.

I must confirm that the bank have previously provided a formal response following your complaint received in April 2013. We completed a full review of the account, taking into consideration the comments and evidence you provided and agreed that the level of service you received was below our normal standards, offering a payment of £100.00 for distress and inconvenience.

Whilst we accept that we provided incorrect information during your mortgage application leading you to believe that you could apply for a payment holiday, we are still unable to offer this option.

As the case was escalated to the Financial Ombudsman Service and an independent review sent to you, we have now exhausted our complaints procedure and our position remains unchanged.

If you feel strongly that you are still being treated unfairly, we cannot prevent you from taking further action against the bank. However, I must make you aware that we will defend against any proceedings that are issued.

I am currently gathering any documents we hold that you requested in your letter before action and this information will be sent to you under separate cover.

I appreciate that this may not be the response that you were hoping for. However, if you require any further details, I would be pleased if you contact us at Executiveteam@birminghammidshires.co.uk with your concerns.

[orfoster]

Re: Mortgage mis-selling (HBOS)

If I was to write a draft order for the court in respect of their default what would it say at the start i.e. how would I win the case in terms of the wording in the judgment? I've taken this bit from my other recent case which I'd include "That the Defendant place the Claimant in a position, had he, taken a Payment Holiday and the Defendants Data Controller shall erase and destroy the data entered by his agent the Claimant on any credit reference files and with any Credit Reference Agency. " So they remove the adverse payment markers from my credit file.

[orfoster]

Re: Mortgage mis-selling (HBOS)

Just spoke to MCOL, they said no defence has been received by them and yes I can put in the judgment request.

They advised me that this would simply be for the money and once I've received that, if I want any other order then I would request that its transferred for another court. She said they wouldn't do anything else in terms of other remedies and she said I should get my judgment in now.

Given the issues in my claim I wonder if I should do that?

[Amethyst]

Re: Mortgage mis-selling (HBOS)

Actually, have you got the order from the Lloyds case?


.

[Amethyst]

Re: Mortgage mis-selling (HBOS)

Just spoke to MCOL, they said no defence has been received by them and yes I can put in the judgment request.

They advised me that this would simply be for the money and once I've received that, if I want any other order then I would request that its transferred for another court. She said they wouldn't do anything else in terms of other remedies and she said I should get my judgment in now.

Given the issues in my claim I wonder if I should do that?

It would have to go to an assessment hearing I believe. I do think you are right in application under part 23 as per part 12, but is something will have to look up.

[orfoster]

Re: Mortgage mis-selling (HBOS)

Actually, have you got the order from the Lloyds case?


.

And here it is....

[Amethyst]

Re: Mortgage mis-selling (HBOS)

Perfect, base the draft order on that wording wise ref the default markers (obviously amended to remove late payment markers dated XXX and XXX etc)

[orfoster]

Re: Mortgage mis-selling (HBOS)

Perfect, base the draft order on that wording wise ref the default markers (obviously amended to remove late payment markers dated XXX and XXX etc)

Ok, so do we think I need to do the MCOL thingy online for judgment and do as the help desk person said and then make this order application? I'll do the draft order now.

You see, what I'm thinking is, if I was successful if they applied to have it set aside, I could simply ask them to consider settling and as long as I get those late payment markers off the rest doesn't matter to me.

[Amethyst]

Re: Mortgage mis-selling (HBOS)

That's what I'm not sure of, and court staff aren't the best to ask for legal advice.... my reading of it was you submit the application instead of hitting the default judgment button on MCOL because it includes a non monetary remedy.

CPR 12

(2) The claimant must make an application in accordance with Part 23 if he wishes to obtain a default judgment –

(a) on a claim which consists of or includes a claim for any other remedy;


BUT need to check .... I don't think you can put in a just monetary default judgment then negotiate with them to drop it if they remove the default markers .... much as that'd be nice.

[orfoster]

Re: Mortgage mis-selling (HBOS)

Spoke to Pt2537 earlier about this, submitted request for judgment and am compiling a N227 to go with it for completeness BUT.....look what I just this minute received;

Please allow me to introduce myself. I am a Senior Legal Assistant in the Group Litigation (Retail & Wealth) department of Lloyds Banking Group. Conduct of the case which you have brought against Halifax Bank of Scotland has been allocated to me. Please feel free to contact me at any time in relation to the case. My contact details are provided below.
My purpose in writing to you at this point is to request an extension to the deadline for filing a defence to your claim. This has become necessary as a result of colleague holidays and of my own recent absence from the office for personal reasons.

I am in a position to file a defence but for the reasons set out above this would not be a substantive defence and would not take the matter further at this stage. By way of explanation I should point out that you have sued the wrong (in fact a non-existent) defendant and this would be the gist of the defence at this stage. However, if we are able to agree the extension that I am seeking, then this would not cause a problem and it could be dealt with as part of the normal procedure in the run up to the hearing.

The extension that I am asking for is one of 28 days which is the longest we can agree without needing court permission. In such circumstances I would be able to file a defence by 30/09/2014 which would effectively deal with the question of the correct defendant and would allow the case to proceed without the procedural problems which might otherwise cause a longer delay than the requested extension. I would also say that the requested extension will not prejudice your claim and that I would cooperate fully in having the defendant's name changed as part of the routine going forward.

I apologise for the late arrival of this request. As I explained above I have only today returned to work.

I look forward to hearing from you in response to my request. Unfortunately, if I do not hear from you by 2:00 PM today then I shall have to file the defence as drafted. I hope however that we can reach an agreement which will take us forward.

[Amethyst]

Re: Mortgage mis-selling (HBOS)

Okay, so you file the default judgment online then do the N227 for the non monetary part ? BE useful to have the information for future reference.

[orfoster]

Re: Mortgage mis-selling (HBOS)

By way of explanation I should point out that you have sued the wrong (in fact a non-existent) defendant and this would be the gist of the defence at this stage. However, if we are able to agree the extension that I am seeking, then this would not cause a problem and it could be dealt with as part of the normal procedure in the run up to the hearing.

No idea what he's on about, he's in possession of the claim so how did I sue the wrong defendant. I sued
Halifax Bank of ScotlandTrinity Road
HALIFAX
West Yorkshire
HX1 2RG

Which is a registered address on Lloyds banking groups website and according to Google street view showed HBOS signs outside etc...

[Amethyst]

Re: Mortgage mis-selling (HBOS)

Please allow me to introduce myself. I am a Senior Legal Assistant in the Group Litigation (Retail & Wealth) department of Lloyds Banking Group. Conduct of the case which you have brought against Halifax Bank of Scotland has been allocated to me. Please feel free to contact me at any time in relation to the case. My contact details are provided below.
My purpose in writing to you at this point is to request an extension to the deadline for filing a defence to your claim. This has become necessary as a result of colleague holidays and of my own recent absence from the office for personal reasons.

I am in a position to file a defence but for the reasons set out above this would not be a substantive defence and would not take the matter further at this stage. By way of explanation I should point out that you have sued the wrong (in fact a non-existent) defendant and this would be the gist of the defence at this stage. However, if we are able to agree the extension that I am seeking, then this would not cause a problem and it could be dealt with as part of the normal procedure in the run up to the hearing.

The extension that I am asking for is one of 28 days which is the longest we can agree without needing court permission. In such circumstances I would be able to file a defence by 30/09/2014 which would effectively deal with the question of the correct defendant and would allow the case to proceed without the procedural problems which might otherwise cause a longer delay than the requested extension. I would also say that the requested extension will not prejudice your claim and that I would cooperate fully in having the defendant's name changed as part of the routine going forward.

I apologise for the late arrival of this request. As I explained above I have only today returned to work.

I look forward to hearing from you in response to my request. Unfortunately, if I do not hear from you by 2:00 PM today then I shall have to file the defence as drafted. I hope however that we can reach an agreement which will take us forward.

lol, and that's why you wait a week....

anyway.... I would respond and agree to the extension under CPR 15.5 to give them a further 28 days to file their defence.

What did you put as the Defendant ?