Question on data rights and loans

[Hiddentruth]

All lawyers out there, can you help?

Where a loan might be wanted to be taken out by one party for their divorce fees and that loan is going to be secured on jointly owned assets can you help explain with respect to the other joint owner or indeed owners of those assets, how their data gets handled in such a scenario?

Can you explain the rights of these other owners to be credit checked within any application, to comment, object or anything else. Or even to know about it?

Normally any loan has a cooling off period. How would that work too in respect of the non applicant but somebody who is affected by it?

It would be good to get some views on this. I know GDPR changes make us all more aware but we had DPA 1998 for a long time...what would be the situation with 1998 as opposed to the 2018 DPA do you think?

All comments would be welcomed...

Oh and abusive people generally cannot help but show their colours

My ex actually told me he had a trick up his sleeve and was making certain to cause me absolute harm

So anyone who is quick to be agfressive and offensive to others generally has something to hide from my life observation, defending yourself is a different matter. Zsa thinks it is OK to not declare into proceedings ...as that is someone standing up to their controlling soon to be ex!

@ zsazsa - your threads are so full of shite, I believe you were asked what is your professional standing so we could gage where you are coming from?

Shite >

Even if it’s an actual injustice, when it’s over best to move on to the extent you can and focus on doing something constructive

Oh I get it now - you feel you may have had some injustice - but chose to do nothing about it but are angry at myself and HIddentruth because we are!

Luckily for you you are the higher earner - luckily for Xenia she is too and appears to not have been in an abusive relationship!

These two little facts can make all the difference but no - we need therapy - I don’t know about Hidden truth but i was under psychiatrist for the “spew” not coming out of my mouth but being fed to me - as for control - don’t make me fucking laugh!

I think you are on here to try and justify some of your own actions and behaviours - sorry but you are not going to get that from me!

Hiddentruth.

1. There is nothing inherently dodgy about lending platforms. It is a recognised business model used by many different businesses.

1. If you want to know how to deal with your court ordered property why don't you ask your solicitor who will know the details of your case. You need specific not generic advice here.

1. I think it is extremely unlikely there is any data processing issue with litigation loans in general. They are widely enough used that any structural problems would have come to light by now.

You really should hide this thread - it can't be helping. If you want legal advice then ask your lawyer who knows the detail of your circumstances. If you want support with creating conspiracy theories then is that really healthy for you?

@Hiddentruth - don’t despair - you have been fighting an immense battle mostly alone and with not much help I gather - but you are bloody courageous and not only that but in the midst of your fight you come on MN to warn others - not for any ulterior motive - purely to try and protect them from the living hell you have been through and are still going through - this is admirable - don’t ever ever doubt the good you are trying to do - if one person thinks twice about taking out one of these loans or asks just one question you have helped!

people on here are trying to knock you down - - I’m standing right with you! I Get everything you are saying - - there will be others who are reading but maybe chose not to post - thank you for keeping on and on and on - honesty wins - always!

@MrsWobble3 - conspiracy theories? Now you’ve got my interest! Some people believe everything they are told - some people question everything they are told - especially when it does not make sense - I suspect you fall into the first category -why hide this thread - admit not helping legal in any way - is this why?

There are quite a lot of different questions and issues. I think most lawyers on here would find it easier to answer one point otherwise it just gets a bit hard.

MrsW is right that lending platforms are used very frequently including for investment in new businesses and they match individuals with spare cash who are only getting 1% on their savings at the bank with those needing loans. They are regulated by the FCA. I do not know which ones are involved in litigation loans. The FCA does have some proposals to change how they operate www.fca.org.uk/news/press-releases/fca-proposes-changes-rules-crowdfunding-platforms.

As mentioned above I did indeed earn more than my husband and always worked full time. I think he was in some senses abusive but I doubt he would agree with me.

I certainly think it is wise to advise people not to run up high costs in divorce if you can possibly help it particularly if the pot of money available is not particularly large. It is the first question in most litigaiton - how much is at stake and is it worth fighting over. Getting into debt for amounts no one can predict at the start - you never know if a case will be quick and cheap or very long winded and 5x what anyone expects - is often best avoided but if a spouse just will not settle even for 50% of what you want in an ideal world then you might have no choice but to fight a divorce to the bitter end. It is certainly not easy for people.

On the data consent point if Mr Z applies for a divorce loan and can convince a lender his property (the details of which are on the public register) is big enough in terms of equity to mean he is a good risk for the loan then I still don't agree Mrs Z's data protectoni rights will be breached but someone would have to study what Mr Z signed at the time and do a list of the person data of Mrs Z's which was processed and then check that against the varies lawful bases to process data to check it out. People can report data breaches to the ICO who will look into cases for you and if you have suffered financial loss through a data law breach you may be able to sue for damages although given how risky most litigation is it is often not wrong not to proceed with claims you might or might not win.

As the information needed to process a litigation loan is in the public domain anyway, I cannot see how a data breach could occur. If you borrow money it costs. If you litigate it costs. You may not win what you expect, that is patently obvious. The posters on here moaning about solicitors and litigation loans appear to not have realised this before they entered into it, but surely it is blindingly obvious?

WE are not moaning about costs per se we are moaning about what appears be dodgy practise- i thought this was blindingly obvious!

Who can answer this question i posed earlier in relation to this

You must ensure that in respect of any information you provide us with, which does not relate to you (for example, information about your representatives), you have obtained the necessary consent in order to disclose such information and provided the individual to whom the information relates with a copy of this notice (including any child/ren 13 years old or over)

The solicitor acting for “you” ( the ops x) knows that consent from “your representatives” (op) has not been obtained in relation to information on the notice nor has a copy been provided to Op.

Therefore is the solicitor complicit in completing the form fraudulently knowing that the form is for a loan to cover his/ her fees?

IF the company knew that consent had not bad even given would they still grant the loan?

Hopefully this has made it easier and yes/ no answers can be given as appropriate

..Consent had not been given

I’ve learned two important things from this thread:

1. Litigation loans exist and sound like a thoroughly good and ethical idea to allow people access to the law and due process that would otherwise be impossible.

1. Certain posters are the rudest and least pleasant individuals I can recall coming across on here.

@Jack65

I notice that this topic is raising some interest although quite why legals of unknown origin are seemingly unable to comprehend one iota of the multiple conflicts of interest inherent in these loans is still beyond me. Apart from @Xenia...who offers an insightful view...

Jack says:

The posters on here moaning about solicitors and litigation loans appear to not have realised this before they entered into it, but surely it is blindingly obvious?

I for one had no idea such products existed. I also had no problem knowing the family home had to be sold. I was far from wanting a fight...I did not put finances into court.

These are not normal loans. They legally interfere with the assets on which a divorce settlement is required. To the extent that the person with the loan MUST by hook or by crook obtain control of the sale of assets in order for the operating solicitor to fulfil their deed of assignment to the loan company. The loan company are not allowed to take deposits...check it out....and so need the solicitor bank account to do the banking from. Yet here is the gem...the SRA have published a reminder to solicitors that client accounts cannot be used for banking... reach of rule 14.5 if I recall correctly.

Oh dear @MrsWobble3. ..seems we already have a constructional operational conflict already...maybe nobody noticed this or chose to be too blind to see...because it would be a shame to spoil the drip drip drip steady investor funds coming into solicitor bank accounts.

The FCA are wising up too...

Back to data protection...so...the loan has been created on an irrevocable mandate...that itself is skanky...after numerous parties have assessed this honeypot without necessarily the actual effected parties all knowing...that is highly uncomfortable stuff ...fraud I believe...and I bet all of you would be furious if your spouse pulled that off,..never mind...moving on...so then they continue to silently monitor your case...hidden cameras and clandestine strategy meetings ...all to get one over on one party with claimed promises that the actioning solicitor will ensure the other side pays all the legal fees, if they so much as utter a word in any hearings . But the solicitor wants the hearings...kerching...they don't want to settle this particular case...nor play their cards on open offers in good time.

After all if they get control of selling your property depending on what the property is there is all sorts of playground fun to be had there...a bit of helpful mismarketing should do the trick...oops, did we sell it to a friend of the investor..or even the investor...and what if the investor was lined up? Do we call the SRA ethics Helpline for advice or do we keep schtum because our mate down the road offers these loans too and signed the same global terms we did and we have run the other side out of money anyway now and know we have caused them so much worry and distress that they won't pursue us...

I am afraid this is the truth of the matter and is what is making solicitors enjoy the ride by promoting litigation.

Litigation has rules. The SRA says so. You cannot use the family court as a playground for practising litigation on a made up schedule and do away with the family procedure which is there to try to keep some law and order.

Nope...it is a regulatory and ethically compromised shambles.

Just curious to know if anyone on here has the festive baubles to declare to the world how they ensure that the litigation loan which they are operating in tandem with their client and the loan company is declared into court if

1. It is taken out at inception of finances being put into court
2. If it is taken up part way through proceedings

There should be ready and willing transparency if these loans are so innocent.

Has anyone got into a complete mess with one like I have? Lawyers or Joe Public? I did not have the loan for anyone who is dipping in and out of this thread.

What do Resolution think of them? Bit contrary to their aspirations so can you be a member of Resolution and operate litigation loans? I expect heated replies on this!

@H1dingInSight

It is indeed a crying shame that our legal system has arrived at this conundrum.

Whether we are pleasant or not is immaterial. We raise points of procedure. Of rights. Of law.

Please do defend the allegations as these are the facts as they are known and can be evidenced. I certainly would not put forward something as serious as this without grounds.

Being wronged does things to people. It makes them distressed. It makes them angry. It makes them ask questions.

Really keen to hear the answers as this world is no longer a 'them' and 'us' divide between lawyer and Joe Public. You need us. We want to trust you. How can we with this disaster going on?

The lending platforms and investors monitor the private family case and the data involved in that and can decide, dependingbon what they are made aware of...to call in the loan...this means not even the court is truly in charge.

So some cowboy outfit headed by investment bankers who devised a self serving product with ratios of what percentage they will erode of your assets in legal fees..are running the show in our courts.

What is being fought for here? There are now many more than 2 people fighting over the assets!!!! Where is the duty of care in that?

Hidden truth - honestly you come across like you are unhinged. As many many people have explained, you don’t need consent to process data if there is proper purpose. Again, all the paranoia about lending platforms etc. Comes across as rather less than rational too. They are perfectly acceptable regulated part of the finance industry.

All the abuse of me and claims that I swore at you or somehow abused you (eh?) is quite worrying. Time to get some help. You haven’t described anything that is illegal in the slightest.

Your ex is entitled to incur legal fees (whether he pays such by way of litigation loan or other borrowing is irrelevant). Obviously matrimonial assets are used to pay legal fees, no conflict of interest there. You haven’t presented any evidence that things were dragged out to incur fees nor would you even know what your ex,s instructions were to his solicitor.

As for green beret - I think your objection to me is that I pointed out on another thread that it wasn’t a good reason to not have worked for decades because you were helping your now ex-husband evade tax (by taking a salary for being a company secretary while not actually doing any work whatsoever). I’m afraid I find it rather hard to see you as some sort of crusader for justice.

Indeed. But there we are. Divorce is nasty for most people.

I doubt most litigation loans involve fraud,

And sorry repaying a loan for fees is not what the SRA means by using the client account to do banking from (that rule is about there being a legitimate legal dispute or transaction rather than someone just using their solicitor for banking services). So I’m afraid you misunderstand.

Breaking up is hard to do. I am aware of that. But really no point blaming your solicitor/anonymous bankers/randoms on mumsnet. Sorry your marriage didn’t work out ut you need to get over all this nonsense.

Also “fraud” /“hidden cameras” /etc? Really? You must know that’s not true hidden truth.

Honestly, I want to enter into litigation now just so I can take out a litigation loan.

Who can I sue?

OK, great, these last few posts have confirmed there is a 'them' and 'us' mentality and you avoid providing legal answers or substantiating what you say or how you are qualified to say it. Nor is there an ability to look at the issues holistically.

I suggest you all go read up what the SRA is saying.

There is an obligation for solicitors to try to settle matters out of court but my experience is that the other side...with the hidden loan, wanted all hearings. Why not...costs them nothing as they were going to dump all fees on me!

I will hunt for your gems Zsa as clearly you forget what you say readily which could be a symptom of the cognitive dissonance you are likely feeling.

Goodnight everyone x