Welcome, why not take a bit of time to watch Claire Cullinane and the start of Debtoptions, High Court
Collection your information from your Bank or Mortgage Company: .see below but whilst your here check out the links and have a read of the actual Acts.
The Data Protection Act 1988.
The Freedom of Information Act 1997.
Annual Performance = Consumer Protection 2010 – 2011
Unfair terms in your contract WIKI 1999.
There are a couple of Generic Letter to help you along, posted at the bottom of this page.
Collecting your information. What should be in my data request file
[Where we say Bank we mean Bank or Mortgage Company, any company that gave you a Mortgage].
This is the first step of your journey to taking back control of your life:
You are going to write to your bank requesting the file they hold on you, the letter is self-explanatory and you can download it and just fill in your details.
So, here are a few bits about the file and what can you hope to find in them!
You are going to write to your bank and request your file; it contains all and any information they ‘have’ and acquired on you. So what can you expect in your file:
Most Banks keep a chat file which lists all phone calls and letters sent to you, any form of communications with you and how often. But whatever happens you will get a copy of all information kept on you.
So here you may find proof of harassment: your lender can only communicate 3 times in any one-month period [don’t forget this is being revised].
With my case: in 21 months, by their own admission and their chat file, they made 243 calls to the house and mobile.
I put this in a statement and went down to the local Garda Station and they are now investigating the Mortgage Company under the None Fatal Harassment Laws [more on that subject later]. This must backup our court case, what do you think!
So, all the letters that they ever sent you: here, check the letters and dates, do they all tally up? We found letters that where with no letterheads, dates or signatures, all backing up that they were doing their job when it came to following the Strict Banking Guild Lines of dealing with Mortgage arrears, well trust me, they Lie.
Also in our file we found that in the haste to give us the money they did not assign the Life Assurance over, between the jigs and reels their mortgage was not covered by insurance for some, seven months. This is against the law, if anything happened to us or the property they would end up with nothing. But this just exposes their haste to get you the money and on their books.
We can’t tell you what YOU are going to find, that’s up to you!
Again in our file we found that there was no affordability form for my wife, there was pay slips but that’s not the same, another point. Also they made no enquiries to the Credit Check Bureau, they just took us on face value. Also I am self employed and they are supposed to get 3 years books, they got none, all we are saying is ‘there haste to get us our money they are breaking serious laws’.
They will probably shuffle the papers like a deck of cards, allow them their fun, sort them out and go through them page by page, list any anomalies, faults or mistakes, they will be entered into your statements and will be part of your case.
If you are being taken to court, they will serve you with an affidavit or like us 12; we have had or managed to get 14 adjournments.
When you get the affidavit, read it and read it again. I can tell you now there will be a stretch of the truth and that’s being kind to them, it is up to you to find them.
With us the affidavit quoted the average payment (we are paying what we can each month) it did not seem correct, so I got a calculator out and low and behold they were well off, and showed us in an even worse light. With this tactic exposed it went into our Statement of Claim, more ammo.
All we can say is dig, find the mistakes and put them to good use. More Tactics
So you get our gist and this is only a tastier, we have a file showing all of their mistakes that we found and what was entered into our statement of claim.
See file Links
Ok, you are going to send the letter below to your Bank / Mortgage provider, to access your file you will need to pay €6.30 to cover their cost, Cheque, Postal Order, Bank Draft, no cash.
You will also have to register the post [don’t want them denying they got it].
They then have 40 days in which to send your file back.
We would suggest that once you have the file you send another letter, same process, asking them “are they confirming that this is my complete file”. Again here is a generic copy.
Likewise, if you think something is missing, write back and ask for it. If, with a Mortgage company the “Chat” file is missing, write to them, ask for it. If it does not exist, then they confirm that it does not exist.
Imagine what a pain you could be!
All letters we post are generic, just download and add your details.
Below are a few examples: choose which one you want to use.
As we said at the begging, if the harassment is that bad, inform the Gardi, below is my statement, have a read, it may show you what information you can find in your file.
What can I expect in my file?
1. The chat file, [most mortgage companies keep a chat file, banks don’t seem to] all calls made to you.
2. Copy of all letters ‘ever’ sent to you.
3. Mortgage Intermediary Declaration
4. Declaration of Affordability for both you and spouse.
5. Mortgage Application Form (copy of original).
6. Declaration and Authority form
(from your solicitor that he is acting for you).
7. Proof of earnings.
8. Declaration of Identity (proving you are who you are, copy of signed declaration form and copy of the ID itself).
9. Letter of offer (a must, copy of original).
10. Full statement of accounts
(a statement of every payment made, missed ETC).
11. Letter relating to the Mortgage Arrears Resolution Process (MARP). This is a requirement under the code of conduct on Mortgage Arrears.
12. If re-mortgage then there must be a valid valuation of the property.