5 Year Battle Won against Mortgage Lender

sparkles12_2

Sorry , im unsure how to reply to each response lol so i will do my best to respond

Hannah I guess the point is that ICO guidelines in 2007 and in 2014 on secured loans ( my property/ mortgage) are that the default date should be that of the bankruptcy order date , which is the reason for my dispute with ICO

Fermi , what you have pasted here is 100% and is what i have read in the ICO guidelines , which was the reason for my dispute in the first place. I sent this section of the guidelines to ICO showing them their own guidelines along with my dispute and in their reply they failed to acknowledge this section even though it's titled " secured loans" Long term loans and covers mortgages etc ... My dispute was based solely on these guidelines

I understand the 2014 guidelines have no updated version on this however in a similar section they separate circumstances from 1 to 5 , in the bankruptcy section its states the date the default should be is as soon as the lender becomes aware the loan was included in Bankruptcy ( which was immediately by Insolvency) . Again ICO failed to acknowledge these also

I was really looking forward to getting back on the property ladder in 2016 as the rental market is so unsettling and has went through the roof . 2017 just seems like a lifetime away

Hope i can get some advice on how to raise this with the FOS , the mortgage company were unreasonable and wouldn't work with me on anything , i practically begged them to work with me on an affordable payment plan , they agreed after the bankruptcy ? then 1 week later withdrawing the agreement stating the person who agreed the payment plan was not authorised to do so .. Awful hateful company , i didn't want to declare bankruptcy but at that time i had no choice.

fermi

sparkles12 wrote: »

I understand the 2014 guidelines have no updated version on this however in a similar section they separate circumstances from 1 to 5 , in the bankruptcy section its states the date the default should be is as soon as the lender becomes aware the loan was included in Bankruptcy. Again ICO failed to acknowledge these also

The 2014 guidelines are an update to the earlier ones, not a complete replacement. They are also not retrospective, so do not override the older ones for historical reporting.

sparkles12_2

I sent the ICO an original complaint and an appeal on the first decision as not being in accordance to the 2007 guidelines , the response from the second appeal upheld the default as being the date of repossession. They didn't acknowledge the guidelines only that the mortgage company was likely to have complied with data protection act 1998

ICO state ( again) that only unsecured loans will be defaulted in line of the bankruptcy order date therefore as the mortgage was secured on the property it didn't form part of the bankruptcy and only became unsecured when repossessed so the default was the repo date? but again failed to acknowledge section 14 titled " secured and long term loans" including mortgages ... as you have quoted and seem to have the same understanding as i did .

Can you offer advice on how to approach this with FOS .. I had lost all hope but a lovely lady from a debt advice support group referred me to this thread and i think i might have a case with FOS

fermi

Check your PMs.

sparkles12_2

Correct. Assuming there was a shortfall that eventually went into the bankruptcy.

Yes i had negative equity and there was a shortfall that eventually went into bankruptcy

Thank you

xHannahx

Sorry in my previous post it wasn't clear it had been repossessed. My previous post is not applicable if repo'd.
Default date should be backdated to date of bankruptcy/IVA with satisfaction date the date of discharge or at least that's how the mortgage company I used to work for did it, I left them in 2013 so am not up to date with the 2014 changes though.

sparkles12_2

Thanks Hannah ... I will keep everyone updated on the outcome and hope to have the same as Emy

fermi

for link......

garyclay

I'm in exactly this position with Skipton who recorded the default date as the date of reposession. Again I complained to the ICO and they sided with Skipton (surprise surprise). I'd given up hope of resolving this until I found this thread.

I am going to pursue this with the FOS but I really don't know how to do this and what to write. Any help is REALLY appreciated!!

elk1

I am about to go to HSBC for the very same thing.
What sort of time scale do these things take ?? I'm 6 years clear in Oct and would be nice to have it all done by then.:j