Armstrong family from kent / www.the-repossessed.com

[Ratpack4]

Re: Armstrong family from kent / www.the-repossessed.com

Thank you, I agree but I just dont know what to write on the application for it to be accepted by the court for a hearing. Everybody is so kind by trying to help me but rehashing the saga does'nt help. I'v lived with this situation for over 8 yrs , been to court with it more than enough to have gained a little knowledge regarding just how complicated the issues involved are, I'v been through the whole Financial Ombudsman farce who of course ruled in the banks favour while admiting it was highly unlikely a court would grant the bank possession due to the complications re the lack of security so by now I think I under stand the basics of how the law works but I just need help in submiting an application to get NRAM

[Ratpack4]

Re: Armstrong family from kent / www.the-repossessed.com

The money was coming fom a "buy-back" company who didn't wish to be named. They have since moved out of this market erea. I have everything in writing. RE representation ,I was indeed unlucky that the firm I used failed to discover the mistakes both kingfords & NRAM made in the first instance re the lack of securiy before they did because there would have been no eviction & no case.

[Ratpack4]

Re: Armstrong family from kent / www.the-repossessed.com

Thank you I understand

[wales01man]

Re: Armstrong family from kent / www.the-repossessed.com

Have you recently asked for a SAR from NRAM MIGHT BE A GOOD weapon in a latter court case the more info in your defence the better in a submission to a court the facts need to be stated then a judge should make a decision based on these only as is the case in any court case civil or criminal this is all that matters ,hopefully you can calmly put everthing in writing supported by documents you would have a chance im sure others have represented themselfs and won just takes a lot of time

[Ratpack4]

Re: Armstrong family from kent / www.the-repossessed.com

What is a SAR please and my family would like to thank you guys for your time and patience.

[Ratpack4]

Re: Armstrong family from kent / www.the-repossessed.com

What is a SAR please

[Celestine]

Re: Armstrong family from kent / www.the-repossessed.com

A SAR is a Data Protection Act Subject Access Request. You can write to any company who hold information about you and they have to provide you with all that information for a £10 fee.
http://www.legalbeagles.info/forums/...ur-information

[wales01man]

Re: Armstrong family from kent / www.the-repossessed.com

Would a SAR to the solicitors dealing with the cases yield info?

[Ratpack4]

Re: Armstrong family from kent / www.the-repossessed.com

What is a SAR please ?

[FlamingParrot]

Re: Armstrong family from kent / www.the-repossessed.com

What is a SAR please ?

A Subject Access Request, I think you missed Cel's post above:

A SAR is a Data Protection Act Subject Access Request. You can write to any company who hold information about you and they have to provide you with all that information for a £10 fee.
http://www.legalbeagles.info/forums/...ur-information

[Ratpack4]

Re: Armstrong family from kent / www.the-repossessed.com

As far as I know NRAM do not need a valid court order for possession as first charge holders if they take peaceable possession of a vacant property which is what happened on the 24th May last year. Kingsfords solicitors have a high court order to sell the property to recover the balance of the paedo's legal costs having already received approx £60k leaving their top up costs outstanding. I have no idea of how to compile a SAR, never done one before. Another member has suggested because he believes as NRAM don't have a possession order they're not allowed to board the place up so I should write to NRAM and give them a time period to remove the security shutters fitted to the cottage to allow access. What is your opinion of this course of action please Ian.

[FlamingParrot]

Re: Armstrong family from kent / www.the-repossessed.com

As far as I know NRAM do not need a valid court order for possession as first charge holders if they take peaceable possession of a vacant property which is what happened on the 24th May last year. Kingsfords solicitors have a high court order to sell the property to recover the balance of the paedo's legal costs having already received approx £60k leaving their top up costs outstanding. I have no idea of how to compile a SAR, never done one before. Another member has suggested because he believes as NRAM don't have a possession order they're not allowed to board the place up so I should write to NRAM and give them a time period to remove the security shutters fitted to the cottage to allow access. What is your opinion of this course of action please Ian.

All you need to do is send a letter such as the one below, which is very comprehensive. Type in your account number and address it to the Data Controller. Attach a cheque or PO for £10 which is the statutory maximum fee. Send it by Recorded Delivery so you can track on the Royal Mail site when it's been signed for. They have 40 days to comply.

See this for reference: http://www.ico.org.uk/upload/documen...ml/access.html

Dear Sirs

Account No: xyz

Subject Access Request - S.7 Data Protection Act 1998

Please supply me with a copy of all information your company hold on me including a list of accounts and details of payments along with copies of statements.

Under the Data Protection Act 1984 and 1998, and including the right of subject access under section 7(1), I hereby request that you supply me with all historical data in your possession, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system (microfiche included). If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.

You have 40 days in which to comply with this request and note that this request has been sent Recorded Delivery so I can ensure compliance on these issues comply within the legislative time frames.

Yours faithfully,

[Ratpack4]

Re: Armstrong family from kent / www.the-repossessed.com

Thank you so much sir, I'm extremely grateful for your help.

[IanM]

Re: Armstrong family from kent / www.the-repossessed.com

As far as I know NRAM do not need a valid court order for possession as first charge holders if they take peaceable possession of a vacant property which is what happened on the 24th May last year. Kingsfords solicitors have a high court order to sell the property to recover the balance of the paedo's legal costs having already received approx £60k leaving their top up costs outstanding. I have no idea of how to compile a SAR, never done one before. Another member has suggested because he believes as NRAM don't have a possession order they're not allowed to board the place up so I should write to NRAM and give them a time period to remove the security shutters fitted to the cottage to allow access. What is your opinion of this course of action please Ian.

At this time, due to lack of facts, I would hold back from trying to take possession prematurely. That doesn't mean you will never be able to take possession but for now you need to get as much paperwork from all possible sources with regards to the whole situation and look at the whole picture. You will need to send a SAR to NRAM and also obtain paperwork from any solicitors that were involved in the process of obtaining your mortgage. The initial failure by NRAM to secure the charge on all three titles instead of 'just' the house, may well have been down to their own solicitors negligence which leaves them in a position of having to claim against a solicitor they may well have instructed to act on their behalf, and in most cases, act for you as well, in relation to the mortgage, which leaves them in a tricky situation if they or the solicitor have previously, or subsequently, committed any fraud with regards to any other mortgages, financial transactions or property transfers. Make sure you send all letters by recorded delivery so they can't say they never received it when they don't want to answer awkward questions. As you receive the paperwork keep it in separate piles and put in date order and make a list of all documents and any notes you feel are relevant. From the paperwork from NRAM create a financial ledger of all payments made, balances, additional fees and charges in easily read columns, and also check for any PPI you may have been paying without realising and claim it all back against your arrears. Keep us updated as much as possible without giving too much away at this stage to prying eyes of NRAM and their 'associates'. Eventually you will be able to present your case to a solicitor that will be able to grasp the bare bones of the case without having to go through the mountains of paperwork you will be landing on their desk, hopefully I, or one of the other members, will be able to find something that will rouse the interest of the solicitor enough to take a better look at your case. When you have all the paperwork and documents to support any claim or complaint you will need to summarise the whole situation in a way the solicitor can understand at a glance so take your time and don't try to rush things or you will make mistakes.

[Ratpack4]

Re: Armstrong family from kent / www.the-repossessed.com

Thank you Ian, the SAR's will go out today to both NRAM & their solicitor who handled the mortgage transaction for them. I am grateful for you help and will keer you informed of my progress