An occasional bulletin on what I apparently know
“As you are aware.” “You will be aware.” Apparently my awareness is something the Bank can arrange without consulting me.
These are actual phrases from the Bank and its solicitors. The quotations are theirs; the observations underneath are mine. The wording does not answer the question: what does the evidence show?
Welcome to the awareness department. No prior knowledge required. That will be supplied in the opening sentence.
The Bank to the Ombudsman · 31 July 2024
“As you aware, the mortgage book was transferred to MAS in 2007, at which point the restrictive covenant was agreed.”
E-FOS-13, pp.1–2. The missing “are” is in the source.
The context
My mortgage transferred on 30 June 2006. The Bank’s letter to me gives 2006; its account to my Ombudsman gives 2007.
Apparently the year depends on who is being made aware of it.
MAS5 to me · 2 October 2025
“You will be aware that we have previously offered the opportunity to be considered for a new product from The Co-operative Bank’s current range of mortgages.”
E-CON-17; Topaz Batch 13, p.14.
The context
The Bank’s internal referral form says “No mailing due to significant arrears on account”. My 2021 complaint response said I was not eligible.
The offer may not have reached me, but my awareness of it appears to have been delivered successfully.
Eversheds to me · 24 October 2025, 16:15
“In respect of the FOS file you will be aware that a further tranche of documents, including documents from the FOS file, will be shared with you as part of the rolling disclosure.”
Email reproduced in BRJ2, physical PDF p.48.
The context
The sentence promises further disclosure. It does not establish that the documents had already been supplied.
An impressive service: I am made aware of the documents before I am allowed to read them.
The Bank to me · 1 June 2023
“You will be aware that the company behind your website, Mortgage Agency Services Five Limited, will also be bound by data protection obligations in relation to the obtaining of personal data without consent and the processing of that data.”
Bank email, “RE: APPG for Mortgage Prisoners/Nick Slape video”, 1 June 2023, 16:24.
The context
This was part of the Bank’s correspondence asking me not to circulate a recording of the June 2022 meeting.
The Bank took a keen interest in my information-handling obligations. We had something in common: I was taking a keen interest in theirs.
Bank Legal to me · 12 September 2025
“As you are aware, the court has adjourned your injunction application and it can only be restored once you have met the conditions set out in Mr Justice Johnson’s Order dated 21 August 2025.”
Bank Legal email, 12 September 2025, 13:19; subject beginning “Binary Questions”.
The context
This is the Bank’s description of the procedural position at that date. The later course of the application is set out separately.
I had been to the hearing. Even so, it was reassuring to learn that I had also been aware of it.
TLT for Topaz to me · 20 May 2026
“As you are aware, on 13 April 2006, you entered into a mortgage agreement (the Mortgage) with GMAC-RFC Limited.”
E-SOL-09, letter from TLT dated 20 May 2026, p.1.
The context
TLT’s letter begins its account of the mortgage and subsequent transfers with the same familiar introduction.
New solicitors. Same awareness. At least that part of the file seems to have transferred.
MAS5 to me · 16 January 2020
“You are aware that we await further updates from you in the coming days, with there remaining the prospect of litigation if we are unable to reach an agreement. Legal action is never a decision taken lightly…”
MAS5 complaint response, 16 January 2020; E-FOS-32, p.10.
The context
The Bank’s own later reconstruction (E-CON-14) puts the arrears on my account at £0 on that date. The same letter says “it is the duty of our staff to make customers aware of all possible outcomes”.
Litigation was one of the possible outcomes I was made aware of. A balance of £0 was not.
Bank Legal to me · 14 August 2025
“Please be assured that this is a genuine attempt to ensure that you are aware of support available to you and that we are not trying to shift focus from the issues you have raised.”
Bank Legal Department letter, 14 August 2025, p.2.
The context
The same letter says my correspondence “does not set out any legitimate grounds for a claim”, and that future correspondence “of this nature” would be held on file and not responded to. The High Court heard my injunction application seven days later.
The support details arrived again. The replies, it seems, would not.
Eversheds to me · 22 September 2025
“As you are aware, we have been instructed to act on behalf of Mortgage Agency Services No 5 Limited (“MAS 5”) and (2) The Co-Operative Bank Plc…”
Eversheds letter, 22 September 2025, p.1, opening line. The stray “(2)” is in the source.
The context
The letter continues: “We do not intend to litigate the issues that are before the Court in correspondence.”
The awareness came by letter. The answers were to follow by court process.
Eversheds to me · 29 October 2025, 11:22
“You will be aware that the Court has directed the parties to file bundles for the hearing by 10am tomorrow.”
Eversheds email, 29 October 2025, 11:22; subject beginning “BL-2025-001117 — On-papers preservatory order”.
The context
The hearing was for my own application of 21 October 2025, which the Court had listed the day before for 31 October. The same email said the Defendants would be filing a witness statement to go in any agreed bundle.
Awareness delivered with 22 hours and 38 minutes to spare.
Eversheds to me · 28 April 2026
“Our clients have never agreed to the termination of your mortgage contract… As you are aware, your mortgage contract has now been transferred to Topaz.”
E-SOL-08, Eversheds final response, 28 April 2026, para 3.
The context
My notice of 11 August 2025 accepted MAS5’s repudiatory breach and treated the contract as terminated. Topaz’s welcome letter says my mortgage was assigned to it on 13 October 2025. The transfer of the registered charge was completed at the Land Registry on 11 November 2025 (E-TOP-01, p.1; E-TOP-03, p.3).
A contract I had ended, which they say I had not, has been transferred to someone else. I am aware of that part.
TLT for Topaz to me · 16 July 2026
“You will appreciate that a request for disclosure of specific documents or categories of documents is not a request for personal data within the meaning of the GDPR/DPA.”
E-SOL-16, TLT letter of 16 July 2026, para 11(b).
The context
The next subparagraph says: “Aspiro is aware of its obligations under the GDPR/DPA.”
I am to appreciate; Aspiro is aware. Everyone has a part to play.
Eversheds to the Court, 19 September 2025: “The Court will be aware that the Claimant has issued a separate claim for an injunction application…” (letter to the Court, para 5). The Court, too, is kept aware.
It may be catching. The Bank’s servicing diary for 10 September 2025 records me saying “the legal department will be aware that he went to The Royal Courts of Justice on 21/08/25” (E-STM-06). Two days later, Bank Legal wrote: “As you are aware, the court has adjourned your injunction application…” By then we were all aware.
I am now fully aware that I will be aware. I would still quite like the documents.