Jump to content

Nicky Bodmin

Registered Users

Change your profile picture
  • Posts

    411
  • Joined

  • Last visited

Reputation

51 Excellent

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. Hi Guys, Been reading about the Power of Attorney and bankruptcy. I have read that bankruptcy removes the POA on mortgage, can anyone tell me if the POA goes back after bankruptcy if house is kept. If this is correct then no lender can repossess my property when the house is discharged. Power of Attorney https://www.gov.uk/government/publications/powers-of-attorney-and-registered-land/practice-guide-9-powers-of-attorney-and-registered-land 2.1 General powers under section 10 of the Powers of Attorney Act 1971 2. Types of power of attorney 2.1 General powers under section 10 of the Powers of Attorney Act 1971 The Powers of Attorney Act 1971 provides a short form of general power of attorney that can be used by a sole beneficial owner of land. It operates to give the attorney authority to do anything that the donor can lawfully do by an attorney. However, powers in that form dated before 1 March 2000 are never suitable for dealing with land of which the donor is a joint proprietor. And those dated after 29 February 2000 may only be used by a joint proprietor if the donor has a beneficial interest in the land. The death, bankruptcy or mental incapacity of the donor will automatically revoke the power. The donor may also revoke it at any time. Terms & Conditions on my mortgage company Section 17. Attorney 17.1.4to enforce any right or claim which you have over the property. The Power of Attorney granted by the execution of the deed is therefore now “revoked”.
  2. the FOS have stopped the eviction until they have looked into my complaint. Can I make the application while FOS are involved or do I have to wait. In theory GE changed my due date to 31 but letter didn't get to me until after this date. I made payment o0n the date I was lead to believe was my new date. Im only in arrears by £2260. I have sold stuff and will be paying £1500 plus by the 26th of this month and hopefully pay the £560 and £660 which is my monthly amount by the next due date that has now been changed to the 5th if they get it right again. This will clear what I owe I will also apply for suspend possession order.
  3. that maybe so but I have not done anything wrong in requesting a new payment date. they have said I have missed payments I haven't.
  4. Do you know the ref in law that gives the exact details of this
  5. I asked for the 5th they got the date wrong and sent the letter telling me of t6heir date it arrived after the 31 so I had no chance of paying it on their date
  6. All I want to no is the guide to what makes a missed payment. Also what is a late payment. There is a time line that governs this. Just the same as for a default notice. Things cant be done until a period of time has passed before the next stage can be processed. Can you see where I'm coming from now. There has got to be the same relating missed and late payments. in law. IE how many days after the due date can be classified as a late payment. Also how many days after the due date does it become missed. FCA say If a customer is late on a payment, does it mean they are in arrears? The customer may be considered to have a payment shortfall if they have not paid by their contractual ‘due date’. However, the due date could be a calendar month, therefore they would not be in payment shortfall until the following month.
  7. It is with the FOS. There is no charge for a bailiff to do eviction. The bailiff that served the notice told me this. The only charge is the application notice. The bailiff are paid by the courts only.
  8. No I asked to change the date. They did but not to the date I asked for. They sent me a letter confirming the new date as 31 but this letter didn't get delivered until after the 31. I had asked for the 5th. They ignored my emails asking for a call back and offered £100 compensation for this. I spoke to them on 3 occasions in April were GE called me in relation with an un related matter. It was in these calls I asked for a date change. This was how they found out about my request in those calls and then sent letter. But they got the date wrong
  9. Yes that is £110 I have spoken to the bailiffs that is the court application for eviction fee. That has already been charged in the solicitors fees GE said it was the fee the bailiff charged them. As you already no court Bailiff's don't charge for attendance. The point is no repossession took place. So they cant charge.
  10. No they wont change the date even with proof the information they hold is wrong. I have made a complaint to the ICO under prin 4 already
  11. It is a repossession fee only I had that in writing from them
  12. I haven't I just changed my date. They have said I have missed payments. I have not a couple of arrears payments were a few days late. That is why I want to no what is a late payment and a missed payment.
  13. If you read the bailiff stuff it not just about bailiffs. It states anyone charging for something that has not been received or done is fraud. They charged me a repossession fee there was no repossession
  14. Hi all Im desperate for help. GE Home lending are my mortgage company. I was being evicted last May 2012. I went to court and asked for a stay. I lost The day of eviction I appealed and won. I was told to pay the monthly fig and 140 of arreas. April 2013 I emailed GE asked to change DUE DATE. They messed this up. I asked for 5th of Month they sent letter after 31 the date they gave me. I didn't get letter in time to pay by 31. I made payment on the 4th the day I gave. I received a court app dated 2 May with was court stamped on the third May. going for possession. I made a complaint to GE stating they had given the wrong date. They had the hearing without my knowledge and got judgment. They had the 18th June as the eviction date TODAY. I have stopped this using the FOS complaint. What I am trying to find out is the law that say a payment is late or missed. I have asked GE but they wouldn't help. I need the exact information for my up and coming hearing if FOS complaint goes against me. They went for judgment 2 days after their new due date 31 April saying no payment had been made in April. This is true to a point but I had asked for a date change which went unchallenged by GE. Now they are using this to evict me. also they have charged me £560 for a repossession fee for 2012. A repossession that never took place. This is fraud but they wont do anything about it They have also put incorrect payments dates on my statement I have sent the proof of this but they refuse to change it. I have a complaint with ICO prin 4 but until the 2 dates are chaged it shows missed payments for Jan Feb and May June and with April as no payment it has given them grounds to evict. Please help On 20 April 2007, In the House of Lords, Lord Lucas asked Her Majesty's Government: (See under Crime Fraud) Whether a bailiff who repeatedly charges for work that has not been done commits a fraud within the meaning of Sections 1 to 5 of the Fraud Act 2006; and, if so, which sections of the Act apply; and whether it would be right for the police to claim that such an action is a civil and not a criminal matter. The Minister of State, Home Office (Baroness Scotland of Asthal): A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. It means if a bailiff has charged you fees in advance then you do not have to pay them. That includes "van fees" or "attendance" fees and other unusual fee descriptions then they may be committing fraud. This is confirmed in paragraph 62 of Complaint numbers 95A01890 and 95A04826 against London Borough of Ealing the Local Government Ombudsman decided the bailiff is not entitled to charge a van fee when no goods have been levied. If a bailiff company is training bailiffs to defraud debtors then the directors of that company are guilty of an offence under Section 993 of the Companies Act 2006 and/or Section 8 of the Accessories and Abettors Act 1861. LIkewise, the Local Government Ombudsman is under a duty to refer fraud cases to the Serious Fraud Office, paragraph 33 of the Local Government Ombudsman's report into Complaint number AB CDE FGH against Huntingdonshire District Council February 2013 See Also: Daily Telegraph
×
×
  • Create New...