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

[Ratpack4]

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

People in Public Office defrauding HMRC

Can anybody working for Northern Rock(Asset Management) confirm for me that Richard Banks the CEO avoids paying tax by being employed through his own Personal Service Company. I have reason to believe Mr Banks is in fact defrauding HMRC and have written to himonn two occasions requesting clarification (see below) but of course he hasn't responded.

Richard Banks CEO
UK Asset Resolution
Croft Road
Crossflatts
Bingley
West Yorkshire
BD16 2UA


23rd July 2012


Dear Mr Banks

Re: GROVE MILL COTTAGE, HOLLINGBOURNE, KENT, ME17 1UQ - ACCOUNT NO: 50450U-90546

As you are employed by the state to manage UK assets may I respectfully ask you to confirm by return you are engaged to execute your duties through a Personal Service Company and I would be grateful for confirmation of the PSC's name.


Yours sincerely



Terry Armstrong

[Ratpack4]

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

Acting on advice on the 1st May I wrote to the paedo's solicitor, Kingasfords of Ashford, requesting a copy of their client ledger relating to Mr Vale's legal costs. They replied today by letter dated 7th May saying 'they note my request, however the information I require is privileged and therefore not disclosable.'

Is my request enforceable by law?

[Ratpack4]

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

The member IanM volunteered to help me but I'm afraid he no longer communicates and I am in need of help please. I was advised to submit an SAR to Northern Rock bank and both their solicitors and the solicitor representing the deceased paedophile which I did enclosing the fee of £10 as advised. Both solicitors refused to comply stating the information held was priviledged and Northern Rock Bank (NRAM) have yet to respond to the SAR. But today I have learnt that they have put the property out to tender with a time limit of the 26th July. We know for sure at one point NR asked the paedo's solicitor to act for them but we pointed out this was a conflict of interest but of course the reason why NR want to workin partnership with Kingsfords solicitors is because they both do not have security on the property in total which obviously makes it difficult for either party to sell the property exclusively. My question is what do I do if NR fail to respond to the SAR and how do I handle the fact the solicitors refuse to respond to the SAR. Also what steps should I take to prevent the property being sold before the SAR is complied with by NR bank? We have also learnt in a letter from our MP that when Richard Branson bought the state owned bank Northern Rock his company Virgin Money also administer the assets held by NRAM. This letter can be seen on my website www.the-repossessed.com Thank you in anticipation of your help. Terry Armstrong.

[IanM]

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

Whatever happens NRAM will have to comply with the SAR request even if they do manage to sell the property, which I doubt very much they will be able to do unless they have a way of obtaining access to the house as you still own the surrounding land.

[wales01man]

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

Could there be a situation here,where the OP will keep being charged interest and charges all the time the proprty cannot be sold due to the fact that the house is in effect unsaleable because its landlocked with no access cos the OP owns the access land,Surely a solicitor and mortgage company when sorting the mortgage were wrong in granting a mortgage on the property?.This all appears to be a standoff between the 2 parties and needs resolving ,have to wonder if someone at the company is having a private vendetta against the OP,where this is all going is the next big question Where?

[Eloise01]

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

Client information is privilieged. No lawyer would provide such information as you have requested, SAR or not. Additionally, as far as I can see, you have no legal right to SAR the lawyers - you are asking for information about somebody else and their business - a subject access request relates to information about yourself.

[PlanB]

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

even if they do manage to sell the property, which I doubt very much they will be able to do unless they have a way of obtaining access to the house as you still own the surrounding land.

I haven't read all the posts in this thread but if the only reason the property is considered to be financially "worthless" is because it's landlocked, and the OP owns the surrounding land, has the OP considered selling enough of that land to provide access to the property (to NRAM or the prospective purchaser direct) so that the property will achieve full market value when sold? Just a logical thought

[wales01man]

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

Planb
maybe a good idea but i have a feeling the OP wants to win not give in whether that happens must be debatable

[PlanB]

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

Planb
maybe a good idea but i have a feeling the OP wants to win not give in whether that happens must be debatable

I don't think reaching a mutually acceptable financial solution is necessarily 'giving in'. The OP should read Bleak House by Charles Dickens to see that in some legal cases you lose even if you win

[IanM]

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

Client information is privilieged. No lawyer would provide such information as you have requested, SAR or not. Additionally, as far as I can see, you have no legal right to SAR the lawyers - you are asking for information about somebody else and their business - a subject access request relates to information about yourself.

A SAR was submitted to NRAM only.

A separate letter was sent to the Kingsford's solicitor asking the solicitor to provide a breakdown of the amount they were claiming but they have refused to release this information under client privilege yet the amount now being claimed is being disputed as the amount has risen due to the property being unsellable due to being landlocked.

The reason the property is landlocked and unsellable is because the solicitor acting for NRAM failed to secure the mortgage against 3 separate title deeds relating to the property and the surrounding land which means any amount added to the outstanding mortgage since NRAM took possession is due to the original solicitors negligence in securing the title properly when the mortgage was issued.

Without the involvement of Kingsford's, Mr Armstrong would be in a better position to negotiate with NRAM but while Kingsford's hold a charge against the house this is proving to be difficult at the moment.

It does ring alarm bells when, after Mr Armstrong submitted a SAR, NRAM have suddenly put the house up for sale knowing that a sale would be unlikely to proceed to completion due to the problems with access over the land still owned by the Armstrong's.

The complication at the moment is trying to gather all of the information to work out how this issue can be resolved in favour of the Armstrong's, who do not want to lose the house as a consequence of a moment of madness, and to the satisfaction of NRAM. Unfortunately, NRAM have sided with Kingsford's in trying to deprive Mr Armstrong of his family home and they seem determined to do this even though it was their own solicitor's negligence that has prevented the house being sold.

It's such a shame that money these days is more important than justice!

[wales01man]

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

Money always trumps justice,i wish the op luck but with the best will in the world i cant see a result for him unless he gets an expensive legal team to fight it in a way i feel that NRAM and the solicitors have the upper hand

[IanM]

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

Money always trumps justice,i wish the op luck but with the best will in the world i cant see a result for him unless he gets an expensive legal team to fight it in a way i feel that NRAM and the solicitors have the upper hand

It may well be that the only way to deal with this in the short term is to pay off the debt to Kingsford's to get the charge removed which would then leave NRAM with no legal possession order over the property which would result in them having to go to court to obtain one before they can sell the property.

This would open a window of opportunity for the Armstrong's to contest a possession order and the amount claimed as arrears and possibly come to some agreement with NRAM to capitalise the arrears on the original mortgage offer or to come to some arrangement to pay off the arrears on top of the usual mortgage payments.

Any arrears claimed by NRAM after they took possession and failed to sell the house due to the negligence of their own solicitor's could be claimed against the original solicitor or possibly written off by NRAM to put an end to this situation. Mr Armstrong doesn't dispute the fact that there are arrears due to NRAM but the dispute is over the amount now due because of the inability of NRAM to sell the property because of the original solicitors negligence.

Once all the paperwork has been collected and gone over with a fine tooth comb then the Armstrong's may be in a better position to obtain the necessary legal advice without it costing them too much to gain proper legal representation.

[Ratpack4]

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

It has got personal regretfully but I think it's because the banks been caught out granting as loan without total security and now they have to rely on a third party to dispose of the property

[TUTTSI]

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

IanM has asked me to post up my SAR which is very comprehensive, I am on my iPad right now and cannot do it from here. When I am back at my computer I will copy and paste the SAR that I have and hope that this helps you.

The member IanM volunteered to help me but I'm afraid he no longer communicates and I am in need of help please. I was advised to submit an SAR to Northern Rock bank and both their solicitors and the solicitor representing the deceased paedophile which I did enclosing the fee of £10 as advised. Both solicitors refused to comply stating the information held was priviledged and Northern Rock Bank (NRAM) have yet to respond to the SAR. But today I have learnt that they have put the property out to tender with a time limit of the 26th July. We know for sure at one point NR asked the paedo's solicitor to act for them but we pointed out this was a conflict of interest but of course the reason why NR want to workin partnership with Kingsfords solicitors is because they both do not have security on the property in total which obviously makes it difficult for either party to sell the property exclusively. My question is what do I do if NR fail to respond to the SAR and how do I handle the fact the solicitors refuse to respond to the SAR. Also what steps should I take to prevent the property being sold before the SAR is complied with by NR bank? We have also learnt in a letter from our MP that when Richard Branson bought the state owned bank Northern Rock his company Virgin Money also administer the assets held by NRAM. This letter can be seen on my website www.the-repossessed.com Thank you in anticipation of your help. Terry Armstrong.

[TUTTSI]

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

name

addr1

addr2

addr3

addr4

postcode

TEL

Mortgage Company Name
The Data controller
Addr1
Addr2
Postcode Date


RECORDED DELIVERY
IMPORTANT – PLEASE READ CAREFULLY



Dear Sirs


Subject Access Request (Data Protection Act 1998)

Mortgage Account No : xxxxxxxxxxxx –
Address and post code


We note from an initial review of the account that you have applied unlawful penalty charges and as such we are placing the account formally in dispute.

We would ask that you supply us with FULL disclosure of ALL information for this account. We would remind you that the County Court judges are threatening to imprison any Data Controller who does not comply with these requests.

The information requested, whilst not exhaustive is as follows:

• Full copies of all contracts which you believe exist between ourselves and your
organisation, including copies of any documents you hold in support of same.
• Full statements of all accounts from commencement of the accounts. This is to include all information held especially the summary of case notes and Mortgage Statements
• True signed and executed copies of all agreements in compliance with the Consumer
Credit Act 1974.
• Details of the identity of any individuals or organisations who have provided you with our personal information together with copies of any letters of instruction provided by them, or any contracts entered into between yourselves and the third party, and the relevant dates to which those contracts related.
• Copies of all documents which include any of our personal information including copies of any contracts or invoices, emails or computer records containing our personal information, or any records which pertain to this information.
• Full details and copies of any documents upon which you relied when you have provided my personal or financial information to any individual, organisation or third party.
• Full copies or transcripts of any computer logs or database records kept in relation to ourselves or in relation to our financial or personal information.
• Full copies of any correspondence in postal, email or any other format which you have entered into with any individual, organisation or third party which contains our personal or financial information, or which pertains to us.
• Details of all systems you currently have in place to ensure our personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time it was held or provided to a third party.
• Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
• Full hard copy print outs of any of our personal or financial information held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.
• Your registration number with the Information Commissioners Office.
• Your Consumer Credit License number and expiry date.

Where reference to emails is given above, these emails should be taken from your email servers or backups / archives held in a magnetic or digital format. These emails may not be present on a user’s local system, and may require the assistance of your IT department / IT providers, who you should contact immediately for their provision.

Please confirm whether you hold a physical file with details of our personal and / or financial information. If so, please provide details and dates of any instance when this file has left your control, to whom it has been communicated, the method of transportation / communication e.g. Royal Mail, courier, by hand, electronically. Please provide a full copy of this file where our physical file has left your offices, please provide details of any precautions taken to ensure that our information has not been lost, misplaced or made available to anybody who does not have authorised access, including those who would use our information for the purposes of identity theft, or registered with any credit agencies. Please also confirm whether any of the documents held within the physical file are computer generated.

Under S.40 of The Administration of Justice Act 1970, if you believe you have provided our information to any organisation, agent, or individual who could, or may have used it for unlawful purposes, you should contact us immediately, and provide full details of their identification and address, together with full details of any instructions you have provided to them. If you have forwarded or communicated our personal or financial information to any person, company, or organisation, please provide a copy of the authority, signed and dated by ourselves upon which you have relied prior to doing so. As requested above, you should provide copies on any such communications.

Under the Data Protection Act 1984 / 1998, as a Data Controller, you are responsible for the complete retraction of all information provided to any third party, should we request you to do so, and have a duty to us to ensure that any personal or financial information we have provided to you is kept securely, and is only communicated to those to whom we have given my express permission / authority.

If you are unable or do not intend supplying us with any information we require you to advise us at your earliest convenience in order that we might give consideration to our responses.

In complying with both the Data Protection Act you are permitted to charge a maximum fee of £10 and that payment is enclosed by cheque no ……………..

Finally you are reminded that the Subject Access Request must be provided within 40 days of the date this recorded letter was sent.

You are also reminded that the ICO state that whilst the maximum limit for compliance is 40 days Data Controllers should not use this as a guide for compliance and should whenever possible provide the information as soon as possible. If you do await the 40 day limit it may be found that you have not complied in supplying the information we require. In which case there would be insufficient time left for you to comply causing you to be guilty of an offence

Non-compliance with our request is a criminal offence under the above Acts and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Finally, please understand that this alleged debt is now in dispute and all communication must be in writing. Since we have made formal requests under this legislation you are obliged to provide us with that information and your employees should not pursue the alleged debt. we would remind you of the law related to harassment and the OFT guidelines.

Section 40 of the Administration of Justice Act:
(1) A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he-
(a) harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand,
(2) A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”
Furthermore your attention is drawn to:
Both the Office of Fair Trading and trade associations (run by the credit industry) have produced guidance on what activities may be considered harassment and should therefore be avoided by creditors. The following list is taken from the new Debt Collection Guidance for holders of consumer credit licences.
Creditors are warned by the Office of Fair Trading under the Debt Collection Guidance that the following practices are "considered unfair":
“PUTTING PRESSURE ON DEBTORS OR THIRD PARTIES IS CONSIDERED TO BE OPPRESSIVE.”
This includes:
• Contacting you too frequently
You are instructed with immediate effect to destroy all records of any phone numbers you may have where I can be contacted and to instruct all employees to not attempt to telephone me whilst this alleged debt is in dispute. Failure to comply will result in formal complaints to OFT, FOS and ICO requesting removal of your license to conduct any Consumer Credit trade and a complaint to the police seeking prosecution for harassment.

I await hearing from you.

Yours faithfully



Name(s