Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
please bare with me I have a head injury and am dylxeic as I tried to contact this site before and the only reply I got was A snotty engish teacher
I had a motgage and was reposesed thats another story wich I shall return to. Any how the abode was dissposed of for far less than market value advertised as a one bed abode never the less it sold 11 years pss and I ma just getting over the orriginal insult and mid December they start to persue me for the rest of the sum owing which according to the fiction they sent me £32000 + compound +costs this spun me out and I nearly did my self in I went to the cab to get help an their advice was how do you want to resolve thids debt. Like roll over and play dead It caused me some troublr but I found my file and at the very end of it it says no costs to be payed with out leave of the court
So I go back to the DCA and tell em to find me final judgment particulars of claim one or two other red herrings they couddnt produce a final jugment there has been no final determination the debt that was owed was £19000 they have hit me wit Some £57000 legal costs to reposess me BAAAAA
there is more I have just instigated small claims proccedings against DCA I need the postal address of a DCA all concerned will not help as the fire is burning back as it was the DCA that has reignited the case as I have put up a spirited defence they dropped the £32000 saying you owe nothing we will not pursue the matter any further
this must be a linked trans action as if I owed £32000+ compound +costs and now I dont mmmmmm and have been troubled by an agent they have given me a transaction history new evidence plus mortgage comp being grossly unfair and abusing thier possition over me with an abuse of process charges ETC the ocal solicitors eyes glaze over it is too much for them there is too uch to put down in an email
no court costs as on incap ambulance chased missold mort PPI endowment charged over charred took to court payed over half the mortgagfe of in one hit and asked for a period of rest from there harrssment 2nd lot of court costs repossed steem rollered
And it starts again 11 years later
NEED A DIRECTION TO GO IN TO SPEAK
As they have said I owe nothing or their client is not pessuing this matter it any further that means it must be a form of transaction So not only have I been contacted there has been a transaction of sum sorts now according to the 1974 cca 137-140 it states "any transaction" as I wish to go back to court and have another go several goes as th land was registerd in my name and I had assinged a leases I am due some back rent under the law of propertys acts 1925 rule 141I neeed to have dialog with someone who has a bit of experiance with the 1974 cca 137-140 they are doing this with out leave of the court ther for it must be unlawful harrasment they have produced a transaction history that my accountant pulled apart I want my money back, my flat back , them to pay for what they took from me and damiges it is fesabley possibul to do this I just need a little help
Have you still got all the letters etc saying you dont owe anything I would most likly send a copy of that a politly tell them to P@&% off as if they have stated you owe nothing they carnt come back after 11 years saying that you do
But as Im no expert on mortgage etc I will let one of the other nice people on here confirm what I have said
Dont worry about it we will get you through it smiling or do our best trying
Thanks but my intentions are to burn the motgage company in county court and finaly in the high court as what they did to me was grossly unfair and they have done it to othrers the law has a statute of limitations and the 1974 cca has another 9.5 years to run it my right to invoke this law and have the case reexammaned in the high court It could be a stand alone case that sets a precedent that breaches the otherwise inpenitrable wall they put up as their defence so it may appear I am up 32000 they have nort payed for what they have done as I was to all intence and pourpose repossed being some 4000 in advance not dead yet look up the 1974 cca 137-140 extortionate bargans
my boyfriend has got into a mess with his mortgage payments due to lack of work.
facts....
he was 3k behind on payments last year, it went to court where it was agreed with the judge that he could pay the monthly payment plus 500 cover the arreas, he did well with this up till november time when work dryed up again (he is a builder)
he is now 7k in arreas (total) and has received an eviction notice for the 3rd april, ( he did not receive notice that they had applied for one)
he has spoken to the mortgage company last week prior to receiving the eviction notice and agreed to pay 2.5k by end of this week then a mortgage payment begiing of april then a mortgage payment and 100 towards the arreas in begining of may... he put all this in writting to them, and asked that they would send in writting and they said no need to as is on there system.... are they just trying to take money off us then evict us anyway..... its so hard to think when you thought you had sorted with them and then comes an eviction notice on the door step stamped by the court... please help xx
Conciddering the state of the banks and how much the government have bailed them out by he may have to throw him self on the mercy of the courts or at least show willing that its gatting paid or he is attempting to pay
they have some front reposesssing people out of their houses hopfully when my case comes up it will have some effect on hoe the law is applyied to matters such as reposessions as I am still at it and had a good result last week in the county court
how much equity is left in the abode
who are the mortgage company how many applications are there to reposess
what is the interest rate that they are charging in comparison with the current interest rates
Are they capitalizing the legal costs as areares
Get every thing in writing EVERY THING
I am in the middle of mine the only help you are going to get is to help your self of keep making a noise on this or related sites
I wish you all the luck but you will have to be more spacific in your request and without seeing a whole file and having a compleat history of events its guess work
keep all papperwork tydy and together in date order comunicate constantly with them negotate get it added to the end of the term effectively remorgage the arres go but keep up with the payments
point out that there is little proft in it try to sell on todays market rent it out to get the arears payed off assigne a lease
DON NO IGNORE ANY CORRISPONDENCE REPLY TO IT ALL s
stay calm and dispationate when addressing the judge
WORK OUT IT IS YOU WANT TO ASK I understand the desparation you must be going through so a conciddered approach wold be of bennifit to your self and any one offering advice as my boyfriend has got into trouble Blaa details are what the judges go on and the rule of law go to the cab speak to debt counslers do not take it on on your own unless you have a really strong ground so stand on so if you want any advice you will have to furnish the out line with exact and precise details to the penny
dont take life too seriously its only a house there is life after reposesion I know it can really Fu*k you up in the process
The water company are repossessing my home for a couple of missed water bills - no it's completely true! They went through the Northampton bulk claims centre and provided incorrect information so the first I heard was the letter from the land registry saying an interim charging order had been placed, and then they're just unstoppable. I asked the land registry how many of these letters they'd sent out this year, and it was over 100000 so it really is big business. Whoever thought it was a good idea to privatize water and expect it to be self regulating was wrong.
I reckon if everyone who has been repossessed moved in with someone like their MP, the manager of the bank etc... or even just camped in their garden, something would happen. I'm going to try it. There are plenty of people in the chain who should have helped but didn't. I just have to find out who me and my family can move in with.
Yes I'm sure,
I have letters directly from the water company confirming this. I have attended court twice already for an order of sale based only on their extra administration costs. At each time they requested an adjournment to investigate the evidence of payment that I presented and this has led to much more costs being added to my bill.
It would be assumed that an order of sale means that you are forced to sell your property unless you come up with the money, but that is not how it works. When the order is granted, the water company seizes ownership of your home and sends bailiffs to evict you and your family. They then charge whatever they want in administration fees for selling your home and are even allowed to use their own valuation, so after losing your home, it's likely that you'll still end up owing more money than before!
For some reason, in court, it's assumed that the water company is more honest that the individual, regardless of the evidence!!! I guess it doesn't help that the hearing is always in the domain of the water company, so everyone involved with the hearing - all the solicitors, the judge, the case manager, everyone are all customers of the same water company. They must be because there's no choice of who you buy your water/drainage from. When it suits them, water charges are a statutory bill, meaning that they don't have to supply any form of contract, but they choose to use laws that are only applicable to goods and services contracts when it's favourable to them.
I would have thought that the national press would be interested too, but actually no-one is interested.
Go to your local MP and get them involved, this sounds wrong, the water company have very little authority to do this. In fact I would also get hold of a senior director within the water company and continually email them until they put a hold on the nonsense.
Also get hold of Ell-enn on this site as they will be able to help you more with getting a court to listen to you.
I know they often use charging orders for enforcement but to go for an order for sale is unbelievable for what must be a fairly small debt on the scale of things and it's secured...
Yes I have contacted both Ofwat and The Consumer Council for Water. Offwat informed me that they have no powers on behalf of individual customers, and the water company have carried on regardless of what the Consumer Council for Water has said, proving exactly how powerless they are! Yes, the debt is very small (and was paid) but ever increasing by the addition of interest, administration charges, charges for letters to the Consumer Council for Water, Ofwat, and others etc...
The first CCJ was passed at the Northampton Bulk Centre by default because I didn't even know it was going on. Since then, the have been granted a costs order because the water company disputed the validity of my receipts (and were granted two adjournments to investigate them at great cost to myself!). It seems that the courts assume a large amount of integrity on the part of the water company when in fact that is something they are completely lacking.
I have tried getting the judgements set aside but have been told that there is an time limit of 30 days after the judgement and after that it cannot be changed. I did not find out about the original judgement until I received a letter from the Land Registry informing me of the charging order.
The first CCJ was passed at the Northampton Bulk Centre by default because I didn't even know it was going on. Since then, the have been granted a costs order because the water company disputed the validity of my receipts (and were granted two adjournments to investigate them at great cost to myself!). It seems that the courts assume a large amount of integrity on the part of the water company when in fact that is something they are completely lacking.
I have tried getting the judgements set aside but have been told that there is an time limit of 30 days after the judgement and after that it cannot be changed. I did not find out about the original judgement until I received a letter from the Land Registry informing me of the charging order.
How long ago was the CCJ given? Have you filled in court form N244 or were you just told that you couldn't get it set-aside?
If it was granted by default, you weren't informed and the amounts were incorrect you should have had good grounds to contest it regardless of the time. Although it does make a difference in acting early that shouldn't come into it as you weren't aware of it until the LR wrote to you.
If you can be a bit more concise with what has happened and the time frame I'm sure that there is something that CAG can do to help and further advise you.
I was following the exact advice that you have given, which was also kindly given by a member here, but when I tried to lodge the N244 form at the court, was told that it was far too late. I insisted on submitting it anyway and never heard anything back from the court regarding this. I'll try again and see what happens.
I was following the exact advice that you have given, which was also kindly given by a member here, but when I tried to lodge the N244 form at the court, was told that it was far too late. I insisted on submitting it anyway and never heard anything back from the court regarding this. I'll try again and see what happens.
Did you pay the fee? I'd draw it to the attention of the courts that you haven't received a reply. I can't see why it wouldn't have been accepted and acted on. It's a judge who should decide, not the court clerks.
If you submit again, keep a copy of the N244 and get a receipt.
my boyfriend has got into a mess with his mortgage payments due to lack of work.'
Not sure if anyone has told you about this route. I know it works as i have/am doing it and have not paid my mortgage for over two years!
So, if all else fails - ask them to provide evidence that 'legal consideration' took place. Unfortunately i do not think it is good to get advice for ANYONE without investigating it yourself, otherwise they will catch you out easily enough and make you feel like you got it wrong even when you haven't - such is the law in this great country
I can however garuntee that they did NOT have the funds for the mortgage until he signed the contract, which goes against 'legal consideration' as he put up his house and they put up nothing. They then proceeded to create the money once the agreement was signed. Thus the contract is null and void.
My mortgage provider has given up with me, twice now the court case has been adjourned with it being kicked out by the judge on the second time. they now ignore ME haha how the tables have turned.
Now i have a free house to dwell in.
Anyone wants to say i'm wrong then fine. Let them pay their void contracts, why should i worry!? And what reason would i have to come on here and lie?? none....you're right
Take care all and try to keep your head out of the illusionary system
my boyfriend has got into a mess with his mortgage payments due to lack of work.'
Not sure if anyone has told you about this route. I know it works as i have/am doing it and have not paid my mortgage for over two years!
So, if all else fails - ask them to provide evidence that 'legal consideration' took place. Unfortunately i do not think it is good to get advice for ANYONE without investigating it yourself, otherwise they will catch you out easily enough and make you feel like you got it wrong even when you haven't - such is the law in this great country
I can however garuntee that they did NOT have the funds for the mortgage until he signed the contract, which goes against 'legal consideration' as he put up his house and they put up nothing. They then proceeded to create the money once the agreement was signed. Thus the contract is null and void.
My mortgage provider has given up with me, twice now the court case has been adjourned with it being kicked out by the judge on the second time. they now ignore ME haha how the tables have turned.
Now i have a free house to dwell in.
Anyone wants to say i'm wrong then fine. Let them pay their void contracts, why should i worry!? And what reason would i have to come on here and lie?? none....you're right
Take care all and try to keep your head out of the illusionary system
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Repossessions are big business
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Originally Posted by meursault22
