Redstne evicted us for being 4500 pounds in credit

[notreadytogiveupyet]

Hello

 

I am new to this forum, and I am hoping that somebody can help!!!!

 

 

After reading some of your other threads I am glad that some one out there understands exactly what is happening to us RIGHT NOW... Redstone removed over three thousand pounds in payments from my bank account in payments they said were owed, although the actual amounts varied and did not correspond to what should have been our normal monthly payment. And the monies never made it onto our mortgage account. Effectively putting us into arrears. Since then we have had another three thousand five hundred pounds "stolen" from my bank account. Although they deny this.

 

On the 15th September 2008 we received a letter saying payments have been found and that they are crediting this amount to the mortgage balance. Also that there was no need to attend court on the 19th September 2008 as they were not going to defend their position:grin:. As we had heard nothing from the court we attended court anyway. Redstone sent a BARRISTER a SOLICITOR and A LEGAL EXECUTIVE to challenge me for possession on this date. The Judge on this occassion , after allowing herself to be blinded by facts and figures that had no bearing on OUR particular case, namely missing payments. Awarded a possession order to Redstone Mortgages, under the suggestion that I could not prove that I would NOT go into arrears in the future.

 

They were ordered by another judge at a different hearing earlier this year, to pay us fifteen thousand pounds in costs and to recalculate the monthly payment to reflect this. They admitted that taking the court order into account. THEY owed us over four thousand pounds in overpayments. and that they would refund this. I am still waiting, but not with baited breath.

 

On the 17th October we returned to court to challenge the possession order, The Judge on this occassion told us that we had to "refund" the amount of seven thousand pounds to redstone, as the costs previoulsy awarded were, in his opinion, to high. The Judge gave us 28 days to pay the money and told Wragge and co, their client had 14 days to pay the four thousand some odd pounds to us. We requested a variationon the order which was denied outright. That never even made it to a court date. By this point we had just received notification of the eviction date being the 24th October 2008 at 1130. We had no choice at this point other than to request a suspension on the eviction date. The hearing was set for the 23rd October 2008, but carried over to the 24th October 2008. A friend of ours had offered to pay the money on our behalf SHOULD it be required. The Judge rejected this saying that as we had to borrow the money, we would be putting ourselves into debt, and the mortgage would not get paid in any event. He ordered the eviction date to stand. Which was an hour after we left court. We paid the money anyway, but the bailliffs were already at our home when we got back from the bank. When they rang the infamous WRAGG AND CO, they doubled the payment required, They were now asking for just over fourteen thousand pounds. I handed the phone to my partner, when they spoke to him they wanted over eighty thousand. Our original mortgage balance was only 67500.

 

So if you have any information or help for me, as we are now taking this case to the High Courts in London to be dealt with. I would greatly appreciate it.

 

Thanks

 

 

 

 

P.S :evil:After that I cancelled my direct debit as I could not trust them to maintain the normal monthly payment. Since then I discovered the direct debit that I thought I had cancelled was still active. When I checked this with the bank they advised that ANYONE that I owe money to can FORCIBLY instruct a direct debit onto my bank account, which is exactly what redstone have done. I have no control over the direct debit and cannot cancel it, nor am I protected by the direct debit guarantee.

Edited December 5, 2008 by notreadytogiveupyet
silly person left my name on it...ooops

[raydetinu]

I certainly do not understand why your bank cannot cancel a direct debit; you have control, it is your money; they must do what you tell them.

They cannot give your money away. Speak to them immediately or write, email. threaten to take them to court.

Did you cancel the DD in writing! and have a record of it.

You can do it on line; I often do it when I dont trust the payee; Utilities etc. when they take more than they should etc.

[PGH7447]

Sorry to hear of your predicament, it sounds a right screw up

 

Have you had any legal advice?

 

I am afraid this is beyond my knowledge but I would strongly suggest either going to legal aid about this or at the very leat visit the Citizens advice bureu

[Bona]

I believe you should make an emergency application in the High Court Chancery division to stop the sale of your house untill this can be sorted yoou can go in person and ask to be listed befor a Master you will need to prpare very thoughly also try to take the arreas money that your friend said he would pay also I dont understand the bit about costs there are procedures for this a Judge just cant order you to pay there has to be a detailed cost hearing

[jansus]

Have you ever asked for a full statement of payments due and payments recieved and all the details of the fees in respect of the possession?

 

I can not see how the judge granted the possession if the mortgage company owed you money?

 

A basic question is, not taking the arrears into account( if there are any?) can you afford the basic monthly payment on the mortgage ( on your own incomes)

[notreadytogiveupyet]

Oh yes and most definitely yes..... like I said on the original one. We have been maintaining payments its just that they have been taking us to court every five minutes and sticdking their fees on for it. We have made an application of appeal to the high court, although our barrister has told us that we need to apply for a "stay of procedure" until then, apparently that will prevent them from selling the house. Although to be honest I dont think that will stop them. Our monthly mortgage was 412.67, so it wasnt alot to find. We have been told today that other than the appeals we have logged, we can get the house back by paying just over 93000 pounds. The mortgage balance on Monday was just over 68000. So Where they can justify about 25000 pounds is beyond me.

[jansus]

Well then I agree you have to fight this somehow.

 

Ell-en is the expert in this field but I guess you have to try and find a way of holding proceedings first and then get a full itemised statement of exactly what has happened on your account. i have seen a case where a refund was given for legal fees as the court action taken was unneccessary .

 

Maybe you can get any written proof you have of what has gone on ready as when you get helpfrom someone more experienced than me then you may need to produce them( without personal details of course)

[jansus]

Oh and reference the DD I think you should be able to cancel. Or if you changed banks they would not have your details then you could set up a standing order instead.

[Bona]

As I said there is a Master at the High court where you can go to get an order we did it he suspended our possesssion awarded on an appeal in a lower court we then managed to keep the house and sell it ourselves you should also be able to get a costs Judge to look at all the costs we did and got 23grand off the bill we then got money back from the mortgage company and are still working on it

[notreadytogiveupyet]

Hi People

 

Just an update. We have a hearing booked for the 12th December 2008.

 

But we have been advised that it is almost guaranteed to be adjourned, probably till after the new year. The hearing was to get an injunction to stop the sale of the house. But guess what, drove past the house last night, and it is up for sale!!!! Been checking the web and low and behold it is on there aswell, does anybody have any clues as to what can be done in the meantime, our solicitor is telling us that he will be sending a strongly worded letter to the estate agents and their solicitors to cease and decist. I spoke to their solicitors today, as they were supposed to be ringing me to give me a date for the shutters to be removed so we can get our last remaining bulky items out of the house and into storage.

 

Guess what the response was!!! A removals firm was instructed and they have stripped the house out. They wil not give me the name and number of the firm, or a date when this was supposed to be done!!!! I have contacted my neighbours ( who still ring me and check on me and my children) and they have said that NO REMOVALS van or anyone has been in the house since they last changed the door. (Because somebody attempted to get thru it!!!) But can I get in? NOPE!!!

 

Our solicitor says he will be sending a cease and decist letter or failing that he will get a court order preventing the sale until the injunction hearing. He will also be ringing their solicitors to get the information regarding the removals firm.

 

Ell-en what is your opinion on this? Is their anything we can do? or is it a case of wait and see? I am really starting to struggle and my partner just cant see the wood for the trees.

 

Please any advise/help would be greatly appreciated.

[Guest DebtWeary]

I have had dealings with these people over the last 4 years. The first thing you need to be aware - forgive me if you know - is that Redstone Mortgages is one of these securitized companies - it has no employees. The people you have been dealing with are Homeloan Management Ltd., who deal with a number of such sub-prime mortgage companies.

 

I am appalled at how you have been treated. I thought my experience with them was bad enough (they "lost" some of my payments in the past and I was nearly evicted because of their mistake. It took several months before they finally admitted they had screwed it up).

 

If I were in your position, I would supply your story to a local newspaper, or better yet, the media. It's about time this kind of nightmare that people are enduring was given LOTS of publicity.

 

You have a right to know exactly what you have paid. I really don;t understand how the judge came down on Redstone's side in the first place. It's not as if you hadn't paid at all, surely they would have had to justify their position at the original repossession hearing by providing ACCURATE figures of your alleged arrears??

 

The media would love this sort of thing. I do so hope that you can stop this madness.

[Josie8]

Was the mortgage arranged through a broker? If so is your solicitor investigating "secret commission"?

 

Was there any insurances sold to upui at same time? If so what were they?

 

Have you served a SAR on them yet? If not why not & do it asap by special delivery tomorrow

[Bona]

Im sorry but you can get emergancy hearings at short notice within hours so I dont see what your solicitor is playing at

[djrobst]

i agree with bona id seek another solicitor i cant see how any judges or solictors have let this go bad so far, its rediculous, id seek another solicitor if it was myself. as they are clearly well in the wrong

[Nav1g8r]

From the info i have read it appears that your solicitor is not doing everything that they need to.

 

Without a statement of account showing all charges and rates since you took out the mortgage/loan then there is no way of defending it - they must have provided one when they took you to court?

 

A direct debit can be cancelled. I can do mine online, over the phone, in the branch or even via the ATM now. Direct Debit - your rights

 

no-one (except your bank and yourself) can talk money from your account without your permission - time to change banks if that is the case.

 

 

Good luck - i do hope you get this sorted...

[notreadytogiveupyet]

Hello Peeps

 

Update for you!!!!

 

S.A.R sent, special delivery.....their solicitors were not happy about it, rang me and told me so sob story about info required takes time etc etc.. and now that they have repo'd why do I need it...... silly people...

 

Also got a fantastic email yesturday......From the HEAD SPEAKER of the HOUSE OF COMMONS...... I will assume its the office of and not actually the head speaker.... Basically saying I have the full support and backing of the house of commons in my fight against Redstone..... Seeing as they told my local MP to politely go away, not sure how that is going to help. but its nice to know......... AND.......... I had a case against lloyds tsb as they kept saying that i had not had a large payment enter my account when my statment said it had. ( I was trying to draw against it...) They failed to file intime and I have an order for £8700.... yey!!! So Bring it on Redstone, mood I'm in I'm ready for you..!!!!

[notreadytogiveupyet]

Was the mortgage arranged through a broker? If so is your solicitor investigating "secret commission"?

 

Was there any insurances sold to upui at same time? If so what were they?

 

Have you served a S.A.R - (Subject Access Request) on them yet? If not why not & do it asap by special delivery tomorrow

 

 

Hi Josie

 

It was arranged by a broker, and I have a letter from them, (basically because I spotted the address between Kensington and Redstone was the same) It assures me that they are two completely seperate lenders and that the skipton address is just a very large office builiding shared by several lenders. although that is the ONLY link betwen them.

 

Oh If I knew then.... See thats what happens with being a mortgage novice!! You tend to trust the "experts" believe me NO MORE..... very wise now, feel like I have aged about 30 years in the last 4 weeks.....

 

We paid, £3,500 in broker fees etc etc.... our solicitor is looking at it, but says (without doing homework) that I may have signed away the right to argue the point, even more so now the house is no longer ours and the mortgage itself is 4 1/2 years old........

 

But he is ( apparently) checking into it as "insider dealing" whatever that means....

Edited November 26, 2008 by notreadytogiveupyet

[notreadytogiveupyet]

Newest update people.......

 

Please bear with me, i have a banging headache since dealing with this one.

 

I have been down to our house today, after a panicked phone call from one of my neighbours, saying things were being removed from our house, in two different colored, unmarked vans....

 

I rang the estate agent..... who didnt have a clue what I was on about.....

I rang Redstone who blind transferred me to Wragge and co. They told me they are no longer dealing with it as it has been repo'd and referred me back to redstone.....:-?

Rang Redstone back, and demanded to speak to the home repo team, which eventually I was able to do.........

 

Result......... No one had a clue who the removals people were or why they were there as no one had requested or signed for the keys.......:-?

 

I rang the police and reported it as a theft, explaining exactly what had happened as regards the repo etc etc........ Took them nearly 90 minutes to attend but they did.....

 

I also rang my solicitor, who was shocked but, applied for an emergency hearing to prevent it carrying on.... ( Im sure some body told me about this earlier...........Bona?...) Managed to get a hearing an hour later.

 

At one point I had a solicitor ( mine) and a Barrister ( theirs), 4 Removal guys, one police officer, and the estate agent all round at the house.

 

Upshot.. the removal men had to "unload" their vehicles... which meant they had to get one of them back to the house, as it had left before I got to the house..... ( lol) or maybe rofl....it was quite good to watch....

 

The "head honcho" sat in his van for an hour before actually starting to unload, saying he had to wait for clarification from his boss..... Which he eventually got... second van reappeared aswell, and started to unload........ But unfortunately by this time it was 1630 and very dark, they quoted health and safety saying its too dark to continue as there is no lighting in the property and they could fall....... diddums.... They gave me reference numbers for their office and told me it would be stored at their yard overnight and delivered in the morning...

 

Now then, the question becomes..... seeing as I have no idea what was loaded into the vans as it was all covered and bagged, how do I know what is or isnt on the vans, as they WILL NOT let me in the house to check....some legal/health and safety thing..... general consensus among family is that it is to stop me from claiming squatters rights....shame.....

 

But at the end of the day, head honcho did advise that I can request a "house sit" to get the stuff out.... isnt that what i have been trying to do the whole time......... tsk tsk.....

 

oooooooooh best one....... the guy from the estate agent, could not understand why one of their for sale boards is on the house as according to him, he has only been given the authority to get the details of the house ie dimension, which way the garden faces etc etc... but NOT to sell..... And he is apparently the boss of the estate agent..... He's checking into it.......

 

Does any of this make sense, because it just seems to be a farce to me....

 

Any giggles or smart alec comments welcome as I could do with a laugh or any advice would be most appreciated as my head has split in two and I cant make head nor tale of what has happened today.

 

Were they supposed to be there or not? Are they supposed to be selling? or not? Can we get a "house sit" or not? Actually scrap that.... did today actually happen? must just be a nightmare....

[jansus]

I am not sure whether I referred you to Tide Turners thread - but next to Ell-enn he is your man with experience and he has done a lot of research into what must happen in this situation.

 

What is your solicitor advising you to do next?

[notreadytogiveupyet]

Now that we have done this battle, he is "waiting" for the next one before the hearing, but believes that this should now have stopped them

[jansus]

Sorry I have just checked the thread Mortgage, CreditAgricole ,BirminghamMidshires, Halifa x, HBOS, CurtisSolicitors

 

But Tide Turner has not been on for a while.

 

But I know he had problems with no notice about removing goods from his house etc.

 

It is a long thread!

 

Do you have copies of all the letters that your solicitor has written to the Estate agents etc?

[jansus]

I still think you are entitled to a full statement of payments /charges due and received on your mortgage since inception and you will need this to prove your case .

 

In effect all though they have taken possession the mortgage has not been repaid and is still open. There will still be interest accruing.

 

I suggest you send a copy of the SAR to Redstone and state that as far as you are concerned the possession is in dispute. You Require the information urgently.

 

Firstly you need a full statement since inception and details of all charges in connection with the posssession.

 

If they do not provide this information you will be contacting the FOS as the situation is now urgent.

 

In fact it may be worth a call to the FOS to see what they advise.

 

If you get a chance read the thread I mentioned as it has lots of interesting links.

[jansus]

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.

__________________

Posted by Jody 123 on thread mentioned

[notreadytogiveupyet]

Hi Jansus

 

Have already spoken to FOS and they say and I quote..." Mortgages over £25,000 are not covered under the CCA of 1974 and therefore they cannot get involved." Have spoken to the FSA and they advise that although they can take a note of my complaint they cannot act on my specific case......

 

Oh joy of joys....

 

 

SAR sent to mortgage co, but copy sent to wragge and co..........

 

Like I previously said, they are very puzzled about why, since the house has been repossessed , would I want the information......... are they for real.

 

but anyway, i am glad that someone has had some experience of this sort of thing. I did try to look for the thread before, but i will look again...

 

Thanks again Jansus

[jansus]

"They were ordered by another judge at a different hearing earlier this year, to pay us fifteen thousand pounds in costs and to recalculate the monthly payment to reflect this. They admitted that taking the court order into account. THEY owed us over four thousand pounds in overpayments. and that they would refund this. I am still waiting, but not with baited breath"

 

 

 

In your first post you said as above you were awarded costs - How was this paid and then you were asked to refund 7000?

 

Can you explain that bit in a bit more detail?

 

If you want to find the thread by TideTurner or Jody 123 who seems to have some knowledge go to the search button - do advanced search and type TideTurner - in section find posts by user. Most is about after possession but in later pages discusses removal of goods from house.