No valid ofp in place when property was repossessed and sold r

D

Dm1978

Registered User
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3
Hi Brendan
I've been dealing with my bank who have advised that the property was repossessed and sold in jan 2018 - despite a conversation with them in Feb 2019 when they advised me they still had the property in their possession
It would appear than from June 2015 to August 2018 the mortgage was outsourced and my bank were not aware of the sale of the property
In order to get an idea of what had transpired on my account I requested a dsar request which I have received today
There are no details regarding court dates ofp being granted or any documentation relating to rhis
My question is
1 if the dsar request in knowingly incomplete what is my next course of action
2.if the ofp was not valid at the time of the possession what is my next course of action
3. Lastly - in the gdpr request details there are details relating to my ex husband (bank are aware of our separation since 2012)
Apologies for the long post but didn't know where else to ask for advice - my solicitor is dealing with the divorce but is not very good on this area of law
Thanks
DM
 
Did you pay the mortgage? Even if there was no ofp that does not make the sale of the property invalid. The question is what do you wish to accomplish here?
 
I went through a divorce and left the property - informed the bank of the situation as far as I know there were no payments made on the mortgage from either myself or my ex
My question is from a legal viewpoint and numerous breaches of ccma on this mortgage would i have a case for a write down of some kind on the remaining balance
 
write down? maybe check your post that was sent to the mortgage address. the outsourced bank probably took vacant possession?
 
I asked for a dsar request which should also give me details from any outsourced bank - in the details I received there is nothing - written letters or anything noted on the account from June 2015 to August 2018 - I was told the ofp was granted in July 2015 but property not secured till Dec 2017 - don't they have to renew to ofp each year if possession has not been done and shoe an attempt to serve the order?
 
Dm1978 said:
I went through a divorce and left the property - informed the bank of the situation as far as I know there were no payments made on the mortgage from either myself or my ex
My question is from a legal viewpoint and numerous breaches of ccma on this mortgage would i have a case for a write down of some kind on the remaining balance
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No you would not have a chance of a writedown for breach of ccma. The bank would have had to show the court that they complied with ccma to get an order for possession and the court was obviously satisfied. You may have a different viewpoint but you dont seem to have engaged with the legal process as you were getting divorced. The only way for you to argue that point would be to appeal the ofp but at this stage it would be nearly impossible to do so
 
Dm1978 said:
I was told the ofp was granted in July 2015 but property not secured till Dec 2017 - don't they have to renew to ofp each year if possession has not been done and shoe an attempt to serve the order?
Click to expand...

The ofp would have to have been served to get an execution order. It seems the court was satisfied that you wrre served. The execution order is not served on you. Renewal of the execution order is a rubber stamping exercise in the court office only.

It appears that you left this to be dealt with by your ex at the time of your divorce. Unfortunately it appears that you were a co-borrower and you are liable for the loan. It needs to be paid or some kind of deal struck with the bank. Go to a PIP rather than trying to find flaws in years old bank / court paperwork.
 
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