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Information Commissioners Office Mortgage Data Protection Act Issue

2

Comments

  • holly_hobby
    holly_hobby Posts: 5,363 Forumite
    1,000 Posts Combo Breaker
    There's saner people in straight jackets ... :D
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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'.

    Then take the lender to Court to resolve the matter.

    Hope you have deep pockets as the lenders lawyers will tie yours up in knots. So won't come cheap.
  • andyuk01
    andyuk01 Posts: 150 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    To the OP

    I vaguely remember the original thread(s) but have always wanted to know what your desired end result is?

    Financial redress
    An apology
    Something else
  • _Andy_
    _Andy_ Posts: 11,150 Forumite
    oh dear God no.
  • Thrugelmir wrote: »
    Then take the lender to Court to resolve the matter.

    Hope you have deep pockets as the lenders lawyers will tie yours up in knots. So won't come cheap.

    Don't you worry it will be sorted, court action is no issue for me. The hard bits been completed,of course Im fully prepared for them to continue to push me. No worries.

    And as for tie up in knots no afraid that won't happen either.

    Anyway fyi its FOS who have the problem to solve now first I don't intend to start litigation first with the lender.

    As to what I want out of this now, is redress over the pack of lies and frauds plus of course compensation, frauds carry penalties for loss damage caused, whether losses are real or imagined.

    Cheers
  • holly_hobby
    holly_hobby Posts: 5,363 Forumite
    1,000 Posts Combo Breaker
    edited 2 September 2013 at 6:44PM

    As to what I want out of this now, is redress over the pack of lies and frauds plus of course compensation, frauds carry penalties for loss damage caused, whether losses are real or imagined.

    Cheers

    But if its an imagined loss, then it isn't a tangible loss at all ....

    Putting that to one side, could you explain for clairty and in plain english (so I can keep up !), how you have lost out financially,what damage has been caused and what your financial losses are ?

    Damage to reputation as a result of recording of inaccurate data, which tends to be CRA/CIFAS related, would be under ICO remit.

    How can you say incorrect data in a mortgage file (which obtained you a mortgage with the lender), has somehow damaged or prejudiced you internally or o/s of the lender (when you confirm you couldn't prove income at the time, and still can't to force a move.

    Do you really understand what you are doing ? Or trying to prove, as if you can't explain in plain term to us industry profs here on the site, how do you expect anyone else to get a grasp of what the issues are.

    I'm always here to help peeps, but I have to be honest I've absolutely no idea what you're real gripes are - or why you feel you're owed monetary recompense into the bargain.

    Holly
  • potatoefeet66
    potatoefeet66 Posts: 238 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    edited 2 September 2013 at 8:00PM
    Hi Holly,

    First I already hold the mortgage since 2005 please refer to my earlier post re ccj of 2003 and new mortgage advanced in 2005.

    2009 I had made request to make a simultaneous lump sum reduction upon porting of whatever the balance would have been.

    However no mortgage application of any sort ever took place or was conducted as lender claims in its final response on face to face basis.An official complaint was submitted on 17th feb 2009 and it took lender until 13th July to issue their final response. unfortunately at that time I did not realise the extent of the frauds and falsification, major parts have only come to light since 2012.

    The incorrect data was the entire fake mortgage application supposedly carried to with me on a face to face basis on 5th Feb 2009. I could have proved income had I been instructed or asked I was informed that as I had a min 42% deposits it was not required. Furthermore as previously stated as advisor log says i attendant without bringing the income evidence she asked for, therefore did she submit fraudulent income figures on my behalf then. I cannot force any lender to conduct a full application if i did not meet basic criteria. Further evidence with the system application documents highlights more frauds and falsification of a regulated process.

    Firstly there is a reason why lender committed the falsification, because it knew there was a chance I would of course take the matter up with FOS, therefore they had to appear to have conduct the process to assess the porting according to FSA rules.

    Secondly they wanted to claw back the rate so they told me the only way Id be able to move is to go to another lender, that why they never registered any credit application on my file or carried out any search for the reason that otherwise their refusal would have blocked the move they were trying to force me to do.


    However this has all backfired, Im still in the same property as I did not move to another lender and Im still on the same mortgage.I was moving for no other reason that to capitalise on a detached property I was offered. I had dropped 80,000 from my house which Ive extended and refurb (375K dropped to 295K on a purchase of 203-230K doer upper like my present home) to secure my buyer as at the time I did not want to chase a falling market, However this drop still left me with between 65 and 92 K odd capital to either add to the 42% deposit.

    The valuation of property I wanted to port to had valuation of 575K. (zoolpla.)
    Had the lender actually carried out the valuation, that the mortgage application document they faked says was paid and debited from my account on the 5th Feb 2009.however no fee was debited, as stated in the mortgage application data.This is because I was never present for the claimed face to face application.

    I realise this is all bit much to take in but Ive had substantial losses both real and imagined. besides spending four years learning law and what has amounted to pretty much full tome work hours dealing with Bank and FOS. I will see that my children and I receive the justice we deserve.

    As to my integrity in these matters well its up to you, what your personal opinion is. I would say this, Its not unheard of for banks to try and have their cake and eat it.
  • Dave_Ham
    Dave_Ham Posts: 6,045 Forumite
    Tenth Anniversary Combo Breaker
    This will be my one and only post on this thread.

    You previously commented on one of your many other threads, that your profession was struggling income wise and was unpredictable and that you had put £15k ish through the books.

    This is why you were declined the mortgage port and the level of detail you have got into and the emotional attachment that you have clearly found is what has affected you.

    You really need to move on, the story changes, the details are patch and incoherent and I imagine you move from one forum to another until everyone gets bored.

    If this ever gets in front of the police, courts, FBI or European Court Of Justice; will be interested how this goes down.

    Seriously, I will not reply to any further posts and you need to move on as this is only going to drive you crazier.

    Good luck
    I am a Mortgage Broker
    You should note that this site doesn't check my status as a Mortgage Broker, so you need to take my word for it.
    This signature is here as I follow MSE's Mortgage Adviser code of conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • That fine with me dave.

    The story has not changed the issue is still that the lender falsified and faked a mortgage application which is actually fact not a story. Or in short committed mortgage application fraud. simple and factual.

    This is nothing to do with any figure specifically because none was ever discussed with me on a face to face basis. further more the lender never ever said it could not lend or port any remaining balance.

    Truth Is truth no matter how long they want to try and ignore the fact they they committed fraud by false representation and the falsification of an electronic computer system. Facts which are now well documented.

    Your entitled to your opinions and interpretations.
    But answer me this, lets for arguments sake agree that Im telling the truth about the advisor log notes for the application which they claim took place face to face on 5th feb 2009, that I turned up without any income documentation on the day of the application as supposedly previously asked to bring. How then and why would she commit an act of fraud on my part if it was bank lending policy?

    No application would have proceeded id would have been told to bring the data and then they'd proceed.

    Don't you think also that given the severity of my allegations, the bank in question here, if what i was spouting off about for the past 4 years would have had my wings clipped by now.:) Cheers

    I will say it again they and the advisor and the underwriter committed fraud. when the times right I will submit all names of those involved by way its now a very long list which goes all way to CEO level. Its their shout.
  • holly_hobby
    holly_hobby Posts: 5,363 Forumite
    1,000 Posts Combo Breaker
    edited 2 September 2013 at 9:35PM
    The facts have changed again from previous threads - and now everyone from the adviser through to the underwriter have commited fraud to a greater of lesser degree, all to apparently get you a mortgage, that what I think you're saying, you shouldn't have been approved for at all ... but no matter, its largely irrelevant.

    Because there's one flaw in the current argument ... self certification or fast track mortgages don't require income verification, so you providing any, would not have either halted nor been required for the mge application or underwriting process - however if you stated a figure that wasn't accurate, that would be mortgage fraud from your part - so you need to be aware of what you may be opening up here.

    I do think that the perceived wrong doings you are citing, are eronous, and do seem to have affected your judgment and ability to reason or explain the issues in any real coherant manner.

    Dave has been more direct than I, but he's not far off the mark ..... and given that there remains confusion in your posts, unfortuantely I too will have to retire from this - but I wish you well in whatever quest you feel compelled in pursing, which I do think has become somewhat of an (unfounded) obsession.

    Take care

    Holly x
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