Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
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    Default LPA Receivers taken over my properties with no court order & no agreement from me.

    adminicon if you have to merge my posts pease can this be the main one as it has a more relevant title to my problem.

    LPA Receivers have taken over my properties with no court order & no agreement from me.
    2 of the properties are empty & the receivers are doing nothing about it, how would I stand if I were to go ahead & let the properties with full knowlege of the problem to the tennants?


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    Default Re: LPA Receivers taken over my properties with no court order & no agreement from me.

    Quote Originally Posted by Stevlynd View Post
    adminicon if you have to merge my posts pease can this be the main one as it has a more relevant title to my problem.

    LPA Receivers have taken over my properties with no court order & no agreement from me.
    2 of the properties are empty & the receivers are doing nothing about it, how would I stand if I were to go ahead & let the properties with full knowlege of the problem to the tennants?
    Okay,if it was me I would re let the properties.

    Open another bank account and have the rents paid into it.

    Work out how much roughly your quarterly payments were and get that March one paid Pronto.

    When, if this goes to a court the judge will note that you have tried not to fall into arrears but the bank pushed you into arrears,banks fault being totally unreasonable.

    If they the receivers have changed the locks on the empty properties,INFORM THE POLICE,these properties are still in your name,get a locksmith to change the locks back.

    Send a bill to the bank for changing the locks back.

    l You've got two months before the June payment if you can make it your back in control.

    If you make to there you can start to negotiate,I don't know all the fact's but I would be getting the other tenants in the properties that are let to pay there rents into your new
    Bank account REMEMBER there A.S T,s are with you not the bank or the receivers if they don't agree serve them notice's to quit.

    GOOD LUCK.


    I'll ask over the road if they can log on to here and help you but some are banned.


  3. #3
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    Default Re: LPA Receivers taken over my properties with no court order & no agreement from me.

    Are we talking bankruptcy here ?


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    Default Re: LPA Receivers taken over my properties with no court order & no agreement from me.

    Are the the LPA receivers acting for the lender

    They cannot act in their capacity highlighted unless they have the authority of the court ( Ultra vires )

    The properties are still yours unless a court has put any restrictions on the properties

    You need to be asking why they have taken possession without any authority of the court



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    Quote Originally Posted by Conniff View Post
    Are we talking bankruptcy here ?
    No I am not bankrupt & have never missed a payment or been late or short with a payment. Lpa receivers took over 27th feb & as they told the tenants not to pay their rent because they hadn't opened a bank account for it to go into marches payment was missed.


  6. #6
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    Default Re: LPA Receivers taken over my properties with no court order & no agreement from me.

    Quote Originally Posted by squaddie View Post
    Are the the LPA receivers acting for the lender

    They cannot act in their capacity highlighted unless they have the authority of the court ( Ultra vires )

    The properties are still yours unless a court has put any restrictions on the properties

    You need to be asking why they have taken possession without any authority of the court
    Hi Squaddie,the OP has another thread going but its all over the place but you should get the just of what's going on if you read it.


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    Quote Originally Posted by squaddie View Post
    Are the the LPA receivers acting for the lender

    They cannot act in their capacity highlighted unless they have the authority of the court ( Ultra vires )

    The properties are still yours unless a court has put any restrictions on the properties

    You need to be asking why they have taken possession without any authority of the court
    This was initially a 5 year deal which i was assured would be renewed. I then took out further loans over 15 years. The banks went belly up & said sorry we lied we want our money back & if you try to pay the 5 year loans we will probably choose to pay them off the 15 year ones. The loan agreement says they can do pretty much as they like, including putting the properties in the hands of the LPA receivers. After asking a million questions before i signed I was assured nothing like this would happen as long as I made the repayments.


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    Quote Originally Posted by squaddie View Post
    Are the the LPA receivers acting for the lender

    They cannot act in their capacity highlighted unless they have the authority of the court ( Ultra vires )

    The properties are still yours unless a court has put any restrictions on the properties

    You need to be asking why they have taken possession without any authority of the court
    Sorry missed the bit about who they are acting for. They have told my tenants they are my agents. I have sent a SARs to them to see if I can find anything that looks although they are acting for the bank in any way but obviously this all takes time.x


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    Quote Originally Posted by Streetwise View Post
    Hi Squaddie,the OP has another thread going but its all over the place but you should get the just of what's going on if you read it.
    Sorry for the messy threads but am new to all this & my heads a bit of a shed. Thanks to you guys am learning very quickly though.
    I could post the letter I sent to my Mp as it pretty much covers everything although as you can imagine it is many pages long. Lol


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    Default Re: LPA Receivers taken over my properties with no court order & no agreement from me.

    It does not matter what is put into a contract if it is in contravention of established common/case law

    as long as you are the legal owner, with or without any security/mortgageicon

    which this is

    only a court can take back a property


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    Default Re: LPA Receivers taken over my properties with no court order & no agreement from me.

    Is this of any help, I haven't read it all:

    http://www.consumeractiongroup.co.uk...-LPA-Receivers


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    Quote Originally Posted by squaddie View Post
    It does not matter what is put into a contract if it is in contravention of established common/case law

    as long as you are the legal owner, with or without any security/mortgageicon

    which this is

    only a court can take back a property
    Thanks for that squaddie. Am beginning to feel better already.


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    Default Re: LPA Receivers taken over my properties with no court order & no agreement from me.

    Quote Originally Posted by Conniff View Post
    Is this of any help, I haven't read it all:

    http://www.consumeractiongroup.co.uk...-LPA-Receivers
    Looking at that link, i have noticed it is three years old. Since then we have had the meltdown in the banking sector

    Thing to watch is:

    Has their been any change in statutory provision or established case law to either support, or negate the situation in 2010 in regards to the established practice by some lenders


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    Quote Originally Posted by Conniff View Post
    Is this of any help, I haven't read it all:

    http://www.consumeractiongroup.co.uk...-LPA-Receivers
    Have had a quick read but I really don't want to sell my properties as the income was to be my pension.

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    Quote Originally Posted by squaddie View Post
    It does not matter what is put into a contract if it is in contravention of established common/case law

    as long as you are the legal owner, with or without any security/mortgageicon

    which this is

    only a court can take back a property
    Just another point would a court take the properties back or would they make us get round a table & sort the whole mess out?


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    Default Re: LPA Receivers taken over my properties with no court order & no agreement from me.

    The court in any dispute will offer mediation before any sort of difference of opinion was placed before a judge


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    Quote Originally Posted by squaddie View Post
    The court in any dispute will offer mediation before any sort of difference of opinion was placed before a judge
    Thanks for that squaddie. I already feel as though a 10 tonne weight has been lifted. Have put the word out that I have properties to let & have already had some interesticon. Just need to find a tenant with some guts who will be able to stand up to any threats from the receivers.

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    Default Re: LPA Receivers taken over my properties with no court order & no agreement from me.

    Quote Originally Posted by Stevlynd View Post
    Thanks for that squad die. I already feel as though a 10 tonne weight has been lifted. Have put the word out that I have properties to let & have already had some interesticon. Just need to find a tenant with some guts who will be able to stand up to any threats from the receivers.
    You don't really want to tell the new tenants anything about any dispute,its not there business,when you start taking control the receivers will probably back of, someone at the bank is trying to frighten you ,.they the BANK are acting illegally.

    You are going to have to start to stand up for yourself,the bank will try every dirty trick in the book to bully you and intimidate you,you as a tax payer have an 82% stake in this bank.

    You've got a long way to go so get going and ask as many questions on here and other places these people will help you.

    Don't be BULLIED.
    .


  19. #19
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    Quote Originally Posted by Streetwise View Post
    You don't really want to tell the new tenants anything about any dispute,its not there business,when you start taking control the receivers will probably back of, someone at the bank is trying to frighten you ,.they the BANK are acting illegally.

    You are going to have to start to stand up for yourself,the bank will try every dirty trick in the book to bully you and intimidate you,you as a tax payer have an 82% stake in this bank.

    You've got a long way to go so get going and ask as many questions on here and other places these people will help you.

    Don't be BULLIED.
    .
    Thanks streetwise feel like we've been fighting alone since the end of February when they took them. Have seen a couple of solicitors but don't have any faith in them. now feel as though I have a whole army behind me. I certainly wont be bullied now i know where i stand. Am wondering though how I would stand putting tenants in without them being fully aware of the situation with the bank as if this goes to court quickly & they're evicted the may have a case to sue me for damages.


  20. #20
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    Default Re: LPA Receivers taken over my properties with no court order & no agreement from me.

    Quote Originally Posted by Stevlynd View Post
    Thanks streetwise feel like we've been fighting alone since the end of February when they took them. Have seen a couple of solicitors but don't have any faith in them. now feel as though I have a whole army behind me. I certainly wont be bullied now i know where i stand. Am wondering though how I would stand putting tenants in without them being fully aware of the situation with the bank as if this goes to court quickly & they're evicted the may have a case to sue me for damages.
    You are a long way from court unless there is something you have not told us.

    When the new tenants sign A.S.T.s they will have rights and the bank won't be able to just throw them out.

    These properties are yours.



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