My husband has today had a letter from the solicitors acting on behalf of the Halifax stating that their client cannot accept any offer without his financial details. It also states if forced to issue proceddings then our client will ne seeking to recover the full loss plus recoverable costs and interests, therefore it is in your best interest to complete and return the attached Financial Analysis. I feel they are forcing him to do this and surely if he has made an offer it should not matter what his Financial situation is ( we have both been married before and both sets of children live with us 4 altogether). The form is asking for my details, what I earn, also about the child benefit which is paid to me not my husband. Do we have to supply these details as the shortfall has nothing to do with me as it was his ex-wife who had the house repossessed. Thanks Christine

-- Christine Singleton (Middleforth1@aol.com), January 02, 2002

Answers

Christine, if I read your post correctly you are saying that Halifax is threatening court action if your husband does not complete the I&E form. And the I&E form also asks about your financial details but you were not a party to the original mortgage.

If this is what Halifax is doing, you (ie, you - not your husband) must ask the Information Commissioner for an assessment of Halifax's action. You will need to say that your husband has completed the form with your financial details but not posted it pending the IC's assessment. The reason is that it is a breach of Human Rights Act to threaten someone into giving details of someone else's private financial details. But it only applies if your husband gives in.

An IC assessment of this is the first step. Personally I think a private prosecution of Halifax for breach of the privacy clauses of the Human Rights Act should then be explored but this might not work - it's a very new area of law.

Lee

-- Lee (repossession@home-repo.org), January 02, 2002.