Any information appreciated - Third party Agents

[Shadowfax]

Can any one advice me in respect to the regulations of Agents, acting in a dual capacity for a Regulated Mortgage firm. providing first charge mortgages, following an account falling into to default. The firm concerned provides the lender the following facility: ( Please Note the Soliciters reffered to, did not request any authority in respect to the account, advised part of the legal contract.

• Complimentary pre-action file review
• Tracing & field representation
• Pre-litigation debt recovery service
• Flexible no collect/no fee commission structure
• Issue of legal process
• Enforcement of judgements
• Fixed fee litigation
• in-house tracing unit is complemented by our systematised recovery tools.
• delivering effective litigation, debt recovery and rehabilitation solutions.
• Volume recoveries using case management systems
• Client specific collection and litigation processes
• Complex individual case handling
• Dedicated highly experienced client teams
• Extensive web enabled reporting functionality to assist you in managing your debt portfolio
• litigation service using IT-led processes to negotiate repayment of domestic mortgage arrears.
• The department completes over 2000 remortgage transactions per month for a range of leading banks and building societies.
  Our service includes:
• Custom designed processes
• State of the art case management systems
• Direct customer contact with qualified case handler
• Dedicated client lender teams
• Full time client relationship management
• Web based portfolio management and reporting
• Proactive service and quality control
• Client relationship management is the key to customer acquisition and retention
• Assigned dedicated conveyancer for each customer transaction
• Service available 7 days a week - including evenings on all weekdays
• Efficient customer focused processes
• Proactive approach - designed to accelerate the buying and selling process
• Secure online case tracking service for your customers - available 24 hours a day, 365 days a year
• Web based interactive MI reporting allowing you to monitor your portfolio of referred cases
• Competitive fee scales

[Shadowfax]

Re: Any information appretiated - Third party Agents

If Possable can some one advise me of the exact legal requirements of the pre action protocal in respect to repossession proceeding and the pre action protocal. I am currently looking threw a significant amount of data n respect to a case and need to make sure that the statement i make are correct. If any advise in respect to the following can be provided it would be appretiated.

When a third party agent providing a legal service and many other service to a regulated form, when issuing an LBA for property repossession what exact information or data should be included in the LBA served to ensure within remit of relevant laws etc?

When sending letters of default, advising a consumer of late payment and further action should the payment arrangement not be rectified, what are the exact terms and time lines before the next procedure can be served?

If an LBA has been sent TO A CONSUMER what ARE the time scales for the action process in repossession proceedings?

Are their any specific requirements, required by a firm processing data on a possession hearing witness statements, used in evidence of the claim being made against the relevant person concerned

Can a firm use data provided in a call to the firm, with no awareness of how such data would be used, documented in a witness statement as a summary of account, referred on the statement as wife and medical ilness, and two children and disabilities etc going on to discuss the person concerns personal data, mental health and info relating to a sensitive incident which nearly cost the person concerned his life very sensitive and noted flippantly in the witness account, Would this be considered relevant in proceedings of this nature, i can provide the exact words minus the sensitive personal data f helps?

[Shadowfax]

Re: Any information appretiated - Third party Agents

With regards to proceedings and looking at the amounts shown as outstanding on the account, notes as outstanding arrears amounts, does the amount recorded included interest charged on arrears, fees levied and redemption charge? Which section would this be relevant in the case notes

When a firm requests a money order and an outright possession order, granted due to no attendance as no letter received at alternate address disclosed to the agent and ignored, disputed as received by the firm following an fos request, in which we have emails responded to which contradict the banks statement made.

how long would a judgement be able to enforced when the warrant due to be sued was suspended the day before, suspended following a data request to the firm?

What legal implication if any, would their be for a firm whom suspended a warrent, then reissued a week later to the vacant property for a breech of a payment plan set by the judge when no payment plan was in place as out right possession order, is this legal? overlooked by the adjudicator as correct or unfair when the evidence speaks the facts of the case

[MrsD]

Re: Any information appretiated - Third party Agents

Shadowfax do you have a solicitor?

[Shadowfax]

Re: Any information appretiated - Third party Agents

Shadowfax do you have a solicitor?

No we haven't, we have made attempts in the past however having submitted the evidence we were then informed that the solicitor acted for the bank concerned so were unable to act on our behalf advised after advise provided, As the case is stil with the FOS we haven't moved further as yet or have any idea on who we can trust or afford for that matter as we no that the bank are sitting waiting for the final response before they re issue the warrant

[PriorityOne]

Re: Any information appretiated - Third party Agents

I think Mrs D was asking if you had your own solicitor as a solicitor who acts for the bank will have the bank's interest at heart and not yours.

Is there a reason why you didn't get a solicitor of your own?

[Shadowfax]

Re: Any information appretiated - Third party Agents

I think Mrs D was asking if you had your own solicitor as a solicitor who acts for the bank will have the bank's interest at heart and not yours.

Is there a reason why you didn't get a solicitor of your own?

I was in the process however when we contacted a solicitor not the one of the banks, the firm we were looking into, advised soon after evidence provided that the solicitors could not act for us as also acted for bank, not in our case but in other cases i assume, as we have continued with the fos we haven't looked again at finding some one to assist in this case as hoped the FOS would help, however is looking that this may not be the case

[PriorityOne]

Re: Any information appretiated - Third party Agents

I was in the process however when we contacted a solicitor not the one of the banks, the firm we were looking into, advised soon after evidence provided that the solicitors could not act for us as also acted for bank, not in our case but in other cases i assume, as we have continued with the fos we haven't looked again at finding some one to assist in this case as hoped the FOS would help, however is looking that this may not be the case

I wouldn't be putting too much faith in the FOS, if I were you..... Their track record of helping consumers is not good.

[The Tech Clerk]

Re: Any information appretiated - Third party Agents

Yep!"! FOS track record longer than the space between us and the Moon, a long way off target.

[Shadowfax]

Re: Any information appreciated - Third party Agents

I can see that, really disappointing to be honest as hoped that they were not as bad as say people say they are but so far can't not disagree. Are you familiar with any cases that have been excepted in the consumers favour ?

[helmsman]

Re: Any information appretiated - Third party Agents

I was in the process however when we contacted a solicitor not the one of the banks, the firm we were looking into, advised soon after evidence provided that the solicitors could not act for us as also acted for bank, not in our case but in other cases i assume, as we have continued with the fos we haven't looked again at finding some one to assist in this case as hoped the FOS would help, however is looking that this may not be the case

Hi,
Are you sure your local court does not have a free solicitor, I am going through a repossession myself (with the FOS at the moment lost with the adjudicator but now with the ombudsmen) we are using the services of a free solicitor from the court who is fighting our cause. Check the day mortagages and housing issues are heard.

[Shadowfax]

Re: Any information appretiated - Third party Agents

Hi,
Are you sure your local court does not have a free solicitor, I am going through a repossession myself (with the FOS at the moment lost with the adjudicator but now with the ombudsmen) we are using the services of a free solicitor from the court who is fighting our cause. Check the day mortagages and housing issues are heard.

I am not sure. To be honest I have reached a point of giving up as I am feeling as though this battle is not worth fighting any more it is making me ill and has placed a huge strain on my family

[PriorityOne]

Re: Any information appretiated - Third party Agents

we no that the bank are sitting waiting for the final response before they re issue the warrant

What response are they waiting for? From you?

I am not sure. To be honest I have reached a point of giving up as I am feeling as though this battle is not worth fighting any more it is making me ill and has placed a huge strain on my family

Although I went through a repossession myself some time ago, mine was not fought in the same way as you are fighting yours and as such, what you're describing is unfotunately out of my comfort zone. I can certainly empathise with the strain you are going through though....

[Shadowfax]

Re: Any information appretiated - Third party Agents

What response are they waiting for? From you?



Although I went through a repossession myself some time ago, mine was not fought in the same way as you are fighting yours and as such, what you're describing is unfotunately out of my comfort zone. I can certainly empathise with the strain you are going through though....

As the complaint is currently all on hold subject to a decission by the FOS the bank are waiting to see the decission before re issuing if that makes sence ?

[PriorityOne]

Re: Any information appretiated - Third party Agents

As the complaint is currently all on hold subject to a decission by the FOS the bank are waiting to see the decission before re issuing if that makes sence ?

Ok.... the problem (as I see it) is that the fighting you have done so far hasn't stopped the bank in their tracks to any great extent.

Have you ever submitted a Subject Access Request to the bank to find out precisely what has taken place over the years re. this mortgage and other things?