----< Are you denying you had the mortgage? >-------
Grabby National lawyer Dibb Lupton Allsop has developed a vaguely threatening response for people that ask to see documentary proof of the shortfall claim against them.

"Are you denying you took out the mortgage," lender's lawyers ask.

What they could have done, of course, was hand over the documents you asked for. But Grabby seems to have a habitual problem giving its customers useful information, as you'll discover when you read further into this newsletter.

The Repossession section of the Home Repossession Page has a page called "Why lenders refuse to supply documents" that now includes a section on how to deal with this kind of lender non-cooperation.
It's at:
http://www.home-repo.org/reposses/refusal.htm

----< Want a better deal? >---------
Good news. Finally, an MP has taken an informed interest in the mortgage shortfall 'debt' recovery scandal, and is taking active steps to highlight the situation and bring about change on our behalf. Portsmouth MP Mike Hancock is particularly concerned that the lenders will not supply proper proof of these 'debts' and that lenders so often appear to have sold repossessed properties far too cheaply.

You can help Mike Hancock keep up the pressure. He has asked me to pass on a message to every shortfall victim who reads the Hope Repossession Page and who feels that they have been treated unfairly:

Please write to your MPs and ask them to:

1. Write to the chairman of your lender, asking for a public statement from him or her that ex borrowers will be given full access to their files and to all the proof and evidence of shortfall claims against them.

2. Support (ie sign) Hancock's EDM.

3. Support and take part in the forthcoming Adjournment Debate.

If you need to find out who your MP is, and/or want to find out how to contact them (some but not all have email addresses), go to:
http://www.parliament.uk/commons/lib/faqs-ind.htm

This brings you to a Frequently Asked Questions page on the House of Commons web site. Scroll down to questions six and seven: 'Who is my MP?' and 'How to contact your MP'.

You can also fax your MP for free at http://www.faxyourmp.com/. This web site lets you type in your post code and then tells you who your MP is and provides you with a form where you can type your letter, add your name, address and email address. The system then emails you to check that your email address is valid and that you want to send a fax to your MP. Once you have given the OK, the fax is sent automatically and FREE.

http://www.faxyourmp.com/. Use it.

Mike Hancock MP can be contacted at:
1a Albert Road
Southsea
Portsmouth
PO5 2SE

Tel 023 9286 1055
Fax 023 9283 0530

Or you can email him via the House of Commons web site at:
http://www.parliament.uk/commons/lib/faqs-ind.htm

Hancock is the Lib Dem MP for Portsmouth South. He can only act directly for his own constituents, which is one of reasons why he needs all of you to contact your own MPs and ask them to get involved.

This campaign has been growing since late last summer - it's now bearing fruit.

People have been sending him their stories and documented evidence of unfair practices on the part of lenders from all over the country.

He has tabled this second Early Day Motion (EDM) in the House of Commons on mortgage debt recovery practices because his first received good support last year. He is also planning to sponsor an Adjournment Debate in the House of Commons, and meet with lenders' senior figures.

----< Grabby backs down, kind of >----
When is an apology genuine and when is it a PR tactic?

We would argue that an apology is genuine when you issue it quickly after your discover you hurt somebody.

We'd argue that an apology is a PR tactic when you issue it after months of fighting the people you hurt, after forcing them to go to the Banking Ombudsman, after the Ombudsman makes the unusual move of ordering you to pay compensation, and after finding that the Daily Mail has published details of what you did.

Grabby National issued its apology after the Daily Mail publicised that it had failed to tell a couple that it had extended their mortgage by 13 years. (It did that when they fell into arrears ten years earlier).

The effect of the extension was to increase the total amount the couple would have to pay back to the bank. Which is OK, but you know, it would have been professional to tell them.

In fact Grabby only issued its apology after the Daily Mail came back for a second bite at the story with a whole load more people that Grabby had damaged. That Grabby apology looks awfully like a PR tactic to us.

The first Daily Mail story about the couple is at:
http://www.thisismoney.com/20010117/mh26503.html

The Daily Mail story about Grabby's other customers is at:
http://www.thisismoney.com/20010126/mh26946.html

----< Fed up with Halifax's handling of your DPA rights? >----
A former Halifax customer is offering to help if the lender is not responding properly to your requests for evidence of its shortfall claim against you.

Here's what he says:

"Are you tired of asking the HALIFAX (or their agents) for the documentation that you require to evaluate their alleged shortfall claim against you? Ie Copies of valuations, invoices, mortgage conditions etc. Are they ignoring or refusing your requests? If so, then from the results of my experiences with the Halifax I believe that I may be able to help you. The Halifax *HAS* supplied me with all the documents that I have requested from them to date. How can this help you? Well I am willing to swear an affidavit or appear in court at your request to testify to the following: Simply this, that I HAVE been supplied by the Halifax with all the documents that I have requested from them to date.

Obviously it will be up to you (or your solicitor) to contact the Halifax and ask them to explain why there is a discrepancy in their process when dealing with your request as opposed to mine.

Please email tony @ hayter dot com if you need this help. Tony is a frequent contributor to the Home Repossession Page Q&A board.

----< West Bromwich borrower's overcharged? >--------------
Carol Riley, founder of the National Association of Mortgage Victims, and the association's auditor Bryan Turner claim they have found financial mistakes in West Bromwich Building Society's accounts.

They say the mistakes could affect every single West Bromwich borrower. They think even borrowers who are in arrears may be due for a refund.

Borrowers with a West Bromwich Mortgage please contact NAMV on 01889 507394

----< The OFT wants to hear from you >-------------------
The Office of Fair Trading and the Treasury want to know what you think about banking and mortgages.

We're collating a response; so expect to receive emails from us asking for news of how your case is going. If you have managed to squeeze documentary evidence of poor practice or misselling from your lender, we would like to hear from you.

----< Britannia Building Society pulls photo site >-----
Photographs of people pulling critical leaflets from car windscreens at Britannia Building Society's AGM did not show acts of theft, according to lawyer Hammond Suddard Edge.

It told US-based web hosting company Verio that the Britannia Fraud site had made "false accusations of fraud, theft and criminal conspiracy" and that it should be taken down.

So http://www.britanniabuildingsociety.org/ is now at:
http://homepages.go.com/homepages/b/r/i/britanniafraud/

Photographs of people taking the leaflets that Britannia Fraud alleges was theft are at:
http://homepages.go.com/homepages/b/r/i/britanniafraud/htmls/update.html

And Cryptome is hosting a copy of Hammond Suddard Edge's letter at:
http://cryptome.org/bbv.htm

----< Waiting for Bradford & Bingley documents? >-----------------
Then wait no longer. Apparently they may have been destroyed.

Of course, documents are a vital to proving in court that a borrower owes you money. But two separate document warehouse fires appear to have destroyed much of this lender's ability to fight its shortfall claims in court.

A substantial number of Bradford and Bingley mortgage deeds were burnt in a fire at Erdington, Birmingham circa. 1998. By an amazing coincidence, another Bradford and Bingley archive warehouse in Hayes, Middlesex, was also torched around 1997.

----< High priced free credit cards >--------------------------
We can't mention any names but at least two of the companies on the Continent that offer pre-approved credit cards to UK citizens are feeding information back to UK debt collectors.

You've been warned.

----< Bank of Scotland errors damage couple >------------------
Bank overcharges couple, refuses to accept their questioning of loan costs.
Costs force couple into arrears, bank eventually notices error.
Bank pays back couple its own extra charges and, wait for it, [pounds]100 to cover the costs that its mistake has cost them.
Banking Ombudsman pretty much backs the bank (surprise, surprise).

Do you want to get involved with this bank?
Decide for yourself by reading The Times coverage at:
http://www.thetimes.co.uk/article/0,,220-73959,00.html

----< Changes to the site >-----------------------------------
The Repossession section has a heavily updated page on why lenders refuse to supply documents (and why this is good news)
The same section has an update on the six year/12 year limitation question.

[ends]

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