The Home Repossession Page newsletter: 23 October 2001

----< Halifax supports rip-off manager >---
In a stunning demonstration of the low standards Halifax Bank now sets for its business, it is allowing assistant manager Alan Deakin to keep his job.

While assistant manager of one of Halifax's Exeter branches, Deakin sold a repossessed couple's home to his own uncle for about £20,000 less than its market price. He bought the home from his uncle for himself on the same day.

The case has two implications for repossessees and for prospective mortgage owners:

1. the court made it clear that Halifax - through Deakin - had failed to achieve best price for the repossessed property. This is in contradiction to lenders' claims that they have no duty to achieve best price for repossessed homes.

2. Halifax continues to employ Deakin - despite the judge calling him a "liar" who had "dishonestly circumvented" repossession rules. Although latest news says Deakin is "on leave", Halifax's willingness to continue paying Deakin a salary confirms the Home Repossession Page's opinion that Halifax is willing to support staff who treat customers poorly.

Halifax bolstered our opinion by claiming that it had not acted "improperly".

Guardian report at:
http://www.guardian.co.uk/Archive/Article/0,4273,4281122,00.html

Sun report at:
http://www.thesun.co.uk/article/0,,2-2001360837,00.html

----< Tell us about your shortfall >---------
We're asking you to give us brief details of the shortfall claim you are fighting. We want the information so that we can assess which lenders are claiming how much and how stubborn they are about giving you the evidence you have asked for.

The results will be anonymised and passed on to MPs who are trying to get repossession laws changed.

The usual rules apply: we treat all information confidentially.

Please fill in the form and help us help you by going to:
http://www.home-repo.org/help/helpcontents.html
and clicking on the "Register your case with us" link.

----< Britannia opens way for critical domain names >---------
Britannia Building Society lost its fight to stop its own members using the domain name "www.britanniabuildingsociety.org". Its members are using the domain name to publish accusations of criminal theft and other wrongdoing against Britannia.The Home Repossession Page understands Britannia's lawyer has persuaded several US-based web hosting companies to close down sites that publicised the claims.

But it failed to wrestle back the www.britanniabuildingsociety.org name after calling on the World Intellectual Property Organisation (WIPO) to force its members to give the domain name to Britannia.

WIPO rejected Britannia's claim that its members had hijacked the domain name because WIPO believes that members of a mutual society have the right to use the society's name to publicise legitimate concerns about the society.

The ruling opens the way for company shareholders and members of other building societies to claim domain names that include company or building society names and to use them to publish critical material.

Britannia's members are still making their allegations about Britannia Building Society at: http://www.britanniabuildingsociety.org/

WIPO published its ruling at:
http://arbiter.wipo.int/domains/decisions/html/2001/d2001-0505.html

News coverage of WIPO's ruling is at:
http://www.ftmarketwatch.com/news/story.asp?guid={F13D484A-91E9-4867-82DE-42750372EB64

----< More evidence that Abbey's systems are a shambles >---
It made misleading claims...
http://news.bbc.co.uk/hi/english/uk/newsid_1320000/1320403.stm

It took too much money from customers...
http://news.bbc.co.uk/hi/english/business/newsid_1259000/1259977.stm

And it paid too much to others...
http://news.bbc.co.uk/hi/english/business/newsid_1399000/1399149.stm
http://news.bbc.co.uk/hi/english/business/the_company_file/newsid_395000/395554.stm#top

Abbey National: "because life's complicated enough"

----< City Mortgage loan? Contact NAMV >-----------------------------------
Did you have a loan/mortgage from City Mortgage Corporation? You may be entitled to recover undisclosed brokers fee and compensation.

NAMV tell us that I-Group has agreed to review claims but they need to be done on an individual basis, a lengthy process.

Contact Carol Riley at the National Association of Mortgage Victims on 01889 507394

----< Halifax/RSA nightmare never ends >-----------------------------------
Royal Sun Alliance is now chasing previously settled shortfall debts, according to a reader who says he had already settled the MIG part of his mortgage debts with Halifax.

Here's what he said:

----- Original Message -----
From:
Sent: Thursday, July 12, 2001 9:55 PM
Subject: Your response to being chased after 10 years by lender then insurance company.

Negotiated with Halifax... now RSA are chasing for Mortgage Indemnity.
Basically the house was sold in June 1992 and the first letter I received from Experto Credite (chasing on behalf of Royal Sun Alliance) was in Feb 1999, so that's longer than 6 year limit. Curtis solicitors are now dragging it up again after over 2 years.

The Home Repossession Page believes that the MIG portion of any shortfall claim is a "debt simple" and therefore cannot be sought more than six years after the date of the default that led to the repossesion. We believe this regardless of whether the limitation for chasing the rest of a shortfall debt is six years or 12.

And we believe all repossessees facing shortfall claims that involve recovery of a MIG payout should counter that the lender mis-sold the MIG unless there is evidence to prove otherwise.

----< Changes to the site >-----------------------------------
New pages
Sample responses to lenders' letters
http://www.home-repo.org/dos/paras.htm

How to use a Part 36 payment to make suing you unprofitable
http://www.home-repo.org/reposses/part36.htm

I think I have admitted liability - what do I do?
http://www.home-repo.org/reposses/admitted.htm

More evidence of Abbey National/Eversheds, um, miscommunication
http://www.home-repo.org/reposses/esval1.htm#contrast
and
http://www.home-repo.org/reposses/esformtab.htm#contrast

Updated pages
How to respond to a claim/summons
http://www.home-repo.org/dos/summons.htm

Barrister's web page added to links at:
http://www.home-repo.org/help/freehelp.htm

Court Service links added to lender threats page:
http://www.home-repo.org/dos/threats.htm

[ends]

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