Mortgage, CreditAgricole ,BirminghamMidshires, Halifa x, HBOS, CurtisSolicitors

[TideTurner]

Very interesting Bona. I suppose that if you are in this industry and doing this on a large scale, you would have a seperate department who would know the tax laws (avoidance) intricately.

Who did they sell the property to? There must be a relationship somewhere. Also, who was the manager of the estate agent at the time. He will be ultimately responsible, and if deals are being done, it is because he chooses to turn a blind eye.

None of these managers have to answer to anybody when it comes to ensuring that the best price was achieved. About time the law stepped in and brought some of these scheisters to bear.

[jody123]

Tide,

Have you looked at the law of Conversion with regard to your only being given an hour to get your stuff out??

Jody

[TideTurner]

No Jody, but I'm sitting here like a kid in a sweet shop!!

[jody123]

In law, conversion is an intentional tort to personal property (same as chattel), where defendant's unjustified willful interference with the chattel deprives plaintiff of possession of such chattel. Plaintiff must have actual possession or an immediate right to possession at the time of the wrong. Absolute ownership is not necessary to establish standing to bring action. Interference in conversion means the exercise of dominion over another's chattel. Defendant must not have legal justification for such interference, and need only have intent to perform the act constituting interference. Intent to dispossess plaintiff of the chattel is not a required element of the claim. In other words, intentional removal of another's chattel under the mistaken belief that it belongs to the actor does not relieve actor of liability under conversion.

[jody123]

Conversion (law) - Wikipedia, the free encyclopedia

For further definitions...

Jody

[TideTurner]

chattel


/chatt’l/
• noun a personal possession. — ORIGIN Old French chatel, from Latin caput ‘head’.

Whether my bathroom suite is attached to the property or not, I consider it to be my property, and it should be returned upon request.

The main point here is that THEY DID NOT GAIN TITLE over my goods or possessions. They must therefore be returned, replaced or I should be compensated for their market value.

The kitchen was brand new, as was the bathroom suite. The bedroom wardrobes, in fact the entire house, alarm, fireplaces, brick barbeque etc. were all put in by me and are mine. Somebody else is now getting the benefit of them. The house was previously owned by my Grandfather.

I'll look into this in depth Jody, and drop it in the conversation with the legal eagles.

As it stands, they did not gain title and must return my goods, and they cannot pursue me for any shortfall unless they obtain a monetary judgement.

Tide

[jody123]

Tide

I thought they had agreed not to pursue you for the shortfall....I wonder if that sets a precedent for other cases where they have not got an MJO?

Any legal bagels know the answer??

Jody

[jansus]

you cant post that name on here

[TideTurner]

Jody,

They conned me and the Judge. Basically, they agreed not to pursue me for the shortfall as long as I did not pursue the charges that had been applied to the account.

I disagreed, but the Judge said that their offer was most generous, and that one cancelled out the other.

The Judge has given me leave to appeal on this. Also, leave to bring a seperate action for the undersale. Once I establish that the property was undersold, I will appeal for the charges placed against the account, which is the root cause for the repossession in the first place.

Tide

[jody123]

Tide

Sneaky t***ts aren't they?!

Ok - so you can't have your charges, but you can claim that:

repossession illegal because of all the charges (you are not therefore asking for the charges back - just to establish that their right of possession was illegal).

if the repossession was illegal, then you have a right to be put back where you would have been had the possession not taken place (which must be around the £80+K mark now even had you paid the mortgage payments in the intervening years?

Based on their illegal repossession you can claim for your chattels under the law of conversion or negligence or both?!

At least that is what I would be arguing!

Jody.

[TideTurner]

Jody,

I'm beginning to lose patience with this. First thing Monday I'll book an appointment with my Solicitor.

I agree with you that the property was repossessed illegally, and was done so on the back of a 'claim'. The Courts made no effort at the time of repossession to make the Claimant clarify or justify this claim. The o/s knew I was out of town and could not defend any claim they brought.

I will be pursuing the illegality of the repossession, the charges, my chattels, the menials responsible, and the restoration of my dignity with my family.

Sorry to sound angry, but 7 years on and I'm still feeling robbed and pillaged.

Many thanks for the info which will be thoroughly explored.

Tide

[jansus]

Tide

Yours is very long thread and I can understand all your frustrations. Can you just explain one thing again. you were away when possession went through. what was the reason for the arrears and were you able to attend any of the court hearings?

What happened to ant letters explaining the proceedures ? Are they not meant to be recorded signed for at some stage?

Were the BS aware where you were and can you prove that?

[jody123]

Tide,

I agree that you should see your solicitor next week - if only to set the appeal in motion. Not least because had there not been the illegal charges there would not have been a repossession and therefore its irrelevant that the charges cancel out the shortfall....without the illegal charges there would be no shortfall....

And then....I think you need a break - and I mean that with the greatest of respect for what you have so far achieved. If I were you I would have a week off - some you and your family time. And I don't necessarily mean from work, I mean from the site, get some rest, try to take your mind off this and for gods sake don't let it eat you up.

After you've had your week - start by writing down your list of action....take the case law that you have (I'll see what I can find in the meantime) and order it in such a way that your solicitor has to do as little amount of work as possible.

And then go get them......

Jody

[TideTurner]

Jan,

I was in London at the time. The reason for the arrears was a sudden loss of my job (was informed in one day that I was unemployed and after looking around had to seek work in London).

The BS made several phone calls to me and stupidly, I informed them that I was out of town. They then had a field day in Court, in the knowledge I would be absent.

I had a senior position in London, and could not simply leave to attend a court case. They knew this.

I did not receive any letters prior to reposession with the exception of the standard 'you are in arrears and we'll take you to court'.

Another interesting point is that the property was repossessed aggressively when the area the property is in was about to explode. The property increased in value by 300% immediately after repossession.

T^%$

Tide

[TideTurner]

Jo,

God Bless you lady.

No, I will not have a break, there is no need to recharge these batteries, I'm firing on all cylinders. If allowed, I would have taken this matter back into Court as a layman, but I'm now reliant upon the Solicitor getting his backside into gear.

There will be time for a holiday when it's all over, and I have a result.

Tide

[jody123]

Tide,

I understand completely - you get past the worry about what they could do to you and just want them to be "fair and just"....something we would all strive for in a perfect world...

I have never, ever owed money, never fallen behind, and until I found this site whilst trying to help my friend, I was unaware of the despicable way in which some of the larger institutions behave towards people who for whatever reason fall into financial difficulty.

Unless I've missed something, there is nothing to stop you filing a separate claim for your chattels / possessions - and if you win on that one then you have your cause of action for the appeal.

Will have a look at some legals and let you know if I find anything of worth.

Jody