Information Commissioners Office Mortgage Data Protection Act Issue

potatoefeet66

The Information Commissioners Office has recently informed me that it is unable to address inaccurate data referring to me and my mortgage as it is not within its remit.

Their stance is based on the fact that the issue which I submitted to them in October 2012 the manager considered to be ' criminality and fraudulent actions' by my mortgage provider in 2009 in their attempts to remove and force me from the 0.84% lifetime tracker which I still hold with them.

The Information commissioners Office is allowing the lender and itself to hide behind the DPA by refusing to address data which is either accurate or inaccurate, their refusal is blocking my rights to compensation.

I have asked the ICO to address the inaccurate and false claim made by my mortgage provider it conducted a face to face application with me on the 5th February 2009. Simply they won't due to the consequences of the banks mortgage application falsification and frauds, when it conspired to defraud me of my tracker in Feb 2009.

The Financial Ombudsman's information rights officer has also refused to answer the issue regarding the inaccurate data. This is a direct violation of my rights under the DPA. Both FOS and the Information Commissioners Office are blocking my right to seek compensation over this mortgage application issue.

I am presently taking legal advice but as this is a civil issue as Action Fraud having in April escalated my case from fraud to a corruption inquiry have not as yet responded as they promised with their up data, I am faced with having either to become a litigant in person or take out a secured loan on my home or sell up to raise the funding.

My warning is if you think you have been treated unfairly or forced from a mortgage rate which has no longer any commercial value to your existing mortgage provider then start making Data access requests and you may find as I did that the whole process has not complied with FSA / FCA rules and the lender is in breach of its mortgage contract through frauds and false representations as I have uncovered over the last four years.

If their is anyone who can advise or help me and my there children out of this please contact me, but start spreading the word.

dunstonh

If their is anyone who can advise or help me and my there children out of this please contact me, but start spreading the word.

I would think given the severity of your allegations, the police and your solicitor would be the best place to go.

Gentoo365

How much money have you lost?

From what little you say about the circumstances am I right in concluding that you did not lose your base rate guarantee and in fact are continuing to get a good deal on your mortgage?

If so then surely the best course of action is to keep copies of all the terms and conditions and leave it at that until they try to move it to a different rate.

Unless of course they are accusing you of fraud in your application, which is a different story.

I am not sure what you want though. It seems foolhardy to get into debt to pursue litigation purely to prove a point.

holly_hobby

From memory on previous (lengthy!) threads from the OP, this fundamentaly relates to the lender refusing the OPs request to port their mortgage tracker, and something to do with they no longer satisfing the lenders status requirements (which I recall the OP saying was due to the lenders subsequent criteria changes).

Just a heads up - as I recognised the user name .

Hope this helps

Holly

potatoefeet66

holly_hobby wrote: »

From memory on previous (lengthy!) threads from the OP, this relates to the lender refusing the OPs request to port their mortgage product, and I think they no longer meeting the lenders status requirements.

Just a heads up.

Hope this helps

Holly

Hi Holly heads up the since last time. Issue of lender having committed fraud and falsified an entire mortgage application to attempt to force me of my 0.84% lifetime tracker has not disappeared as they has anticipated and hoped for four years ago.

However is now reaching its climax. As senior case manager MR CH at the ICO advised me on 19th June 2013, that the criminal and fraudulent actions of this lender were not part of ICO remit, therefore they could not address the inaccurate data under the DPA.

The data is either correct or false accurate or inaccurate, due to the severity of the implications of the frauds the ICO passed the issue to the police or the courts to deal with.

Im sorry to disappoint you all but Im in this till the end justice will prevail. Truth is truth, the facts of the issues will not disappear.

potatoefeet66

Incidentally sorrry for delay in getting back , but it took the Information Commissioners Office Nine months to come up with the out of remit issue. Tick Tock Tick Tock hope someone from lender is listening.....

holly_hobby

No, ICO don't deal with criminal issues - which is why they have referred you and your accusations to the Police and Judicial system.

I do recall that your original complaint was that you had a self cert mortgage and wanted to move and port your mortgage rate. Unfortunately the lender (and indeed industry) no longer market SC products, compounded by the fact that you revealled your income wasn't sufficient to support the original mge borrowings in the first place, and subsequently you were now prevented from securing any further borrowing with them, so couldn't pch your new home and port your rate, which you felt was rather unfair of them !

Then on a follow on thread, you upped the anty and threw a CCJ into the mix - with the complaint now being that you don't believe the lender should have offered you any mortgage advance at all (although you say they asked you satisfy the CCJ to meet their lending criteira, which you did) - but you say that in providing a mortgage advance with a historical CCJ, they did so in full breach of FSA (now FCA) responsible lending regs and all manner of laws and their own criteria.

Myself and others commented, unfortunately the responses were not in your favour, and TBH it all got a bit messy...

Your recent thread is now should you keep your tracker, the same tracker you have complained they lender is trying to force you off ....

Can't wait to see the follow on responses ..... which should be fun (I've put my tin hat on !)

Holly

potatoefeet66

Lol.

CCj was in 2003 as result of Banks failures this was accepted as the case in 2005 when existing mortgage was ported and further advance given.

2008 sept rate switch to 0.84%.

In feb 2009 advisor log stated apparently I turned up without any of the documentation she'd asked for on income,

If it was any part of lenders criteria regarding having to have accounts to make lump sum reduction upon simultaneous porting of less than a 20% ltv then no mortgage application would have proceeded. simple.

However the application was faked and falsified so as to appear to FOS that they had complied with FSA / FCA rules.

simple, the documented evidence has all come to light over the past four years by compliance with the DPA.

Hows that tin hat feel now.

potatoefeet66

pls note the reason advisor log say that I came unprepared with no income info is due to the fact I was not ever present for a face to face application lender supposedly carried out. Fact

your correct also in noting that the ICO don't deal with fraud, that is absolutely correct, but the do deal with inaccurate data referring to individual. Or they should have.

Like I said justice will now be done. But keep in mind if this kind of behaviour was carried out by any independent then the repercussion would have been swifter. Im ONE man fighting for my rights, and have refused to give up due to a policy or individuals attempt to destroy 15 years of hard work to support the future of my children.

ttfn

potatoefeet66

Gentoo365 wrote: »

How much money have you lost?

From what little you say about the circumstances am I right in concluding that you did not lose your base rate guarantee and in fact are continuing to get a good deal on your mortgage?

If so then surely the best course of action is to keep copies of all the terms and conditions and leave it at that until they try to move it to a different rate.

Unless of course they are accusing you of fraud in your application, which is a different story.

I am not sure what you want though. It seems foolhardy to get into debt to pursue litigation purely to prove a point.

Hi thanks for your concern, what I want is lender to come clean and admit their claim to have conducted any face to face mortgage application with me is entirely fabricated and fraudulent. Of course they won't you know that I know that.

However, the matter is a simple case of fraud not by me but by lender. This is entirely documented, I don't know if this was the action on the part of an individual or bank policy over a product of no or little commercial value.

Whatever the reason I have not problem in accusing lender of out right fraud. They even faked the use of my debit card in falsifying the application. i asked them the simple question to identify the card user they have declined and ignored the question.

All manner of other data show further falsification frauds over information on income, interest rate, credit card balance clearances,credit search,reference numbers and dates and the document disclosure being recorded as dated and not signed, which they have been unable to provide.

As my lawyer remarked ' you'd think if they were going to commit any frauds they'd at least have the intelligence not to leave documented evidence'.

I have left absolutely no stone unturned. The losses real or imagined and the extent of the frauds, will have to be valued by courts.But what lender would want fraud allegations carried out against an existing customer aired, either way there is unless they wish to approach me sooner, only one soln, and I am, we are prepared to use it.

Look I know everyone thinks I'm nuts crazy, This has driven me to it. The action of fraud has impacted on every aspect of my life,believe me this is block buster stuff.

If I could scan and post the evidence I would.

My father won in 1959 a twelve hour time trial open event with 243 miles, maybe thats where I get the determination to see things through to the end, and it will end.

opinions4u

My father won in 1959 a twelve hour time trial open event with 243 miles, maybe thats where I get the determination to see things through to the end, and it will end.

Go Dad!!!!