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Hello keates.

 

Do you already have a thread about this please? It would be better not to hijack someone else's.

 

HB

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?316204-Kent-Reliance-Building-Society-amp-LPA-Receivers-are-increasing-my-mortgage-debt/page4

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I had a property 'sold' by LPA receivers who it came to light, did not have the power of sale

 

 

the Land Registry has said that I can apply for Rectification & Indemnity

 

 

I wondered if anyone else has had anything similar happen to them and can offer any advice.

 

 

My main concern is the matter of indemnity and putting forward a case for compensation.

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Thread moved to General Legal Issues.

 

Please continue to post here Keates.

 

Regards

 

Andy

We could do with some help from you.

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Have a read of the Land Registry practice guide on this at https://www.gov.uk/government/publications/rectification-and-indemnity/practice-guide-39-rectification-and-indemnity#applications-for-indemnity.

 

My understanding is that 'Rectification and Indemnity' is used to correct a mistake in the land register. In this case the indemnity would be paid by the land registry, not by the LPA receivers.

 

If your LPA receivers did not have the power of sale, that doesn't sound like a mistake by the land registry. If it is not a mistake in the land register you will probably find you can't get 'Rectification and Indemnity'. Instead, you may need to make a legal claim against the LPA receivers and/or the bank.

 

If you wish to receive more helpful advice than that, you will need to tell us what happened.

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for the full story I have merged 3 threads here.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The Land Registry has already admitted that it accepted the transfer in error and has advised me that I can apply for Rectification & Indemnity (compensation) and the reason for my post was to try to find out if anyone else has been through the rectification and indemnity process. I need to decide what indemnity (compensation) I should claim for.

 

As far as taking legal action against the bank and LPA receivers is concerned, they have bled me dry so I can't afford any legal action even though I know I have a very good case against both and the bank, Kent Reliance and receivers, Michael Parkes, know that also.

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I had a fraudulent, unlawful act committed against me but when I complained the perpetrator said she had done nothing wrong because a solicitor had told it was OK. Is this a defence in law please? Does anyone know?

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An LPA Receiver sold my property but she did not have the power of sale to do so as it had been conferred on her by my bank in her letter of appointment in breach of my mortgage deed. As she is a RICS member, I complained to RICS but they say that because she took advice from a solicitor prior to the unlawful act, she has done nothing wrong and so RICS will not take action against her.

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Because under the Law of Property Act 1925, LPA Receivers do not have the power of sale. The power of sale can, however, be conferred to the receiver by the lender if there is an express term in the mortgage deed or any written conditions on which the mortgage deed relies, that states that the lender has the right to confer the power of sale. In my case, there was no such express term and I was granted an injunction in court, preventing the LPA Receivers selling my properties.

 

The reason I complained to RICS is because my LPA Receiver is a member of RICS and is bound by RICS Code of Practice but RICS defended it's Member by saying 'she had done nothing wrong because she had first asked a solicitor'. That is why I asked the question:

 

I had a fraudulent, unlawful act committed against me but when I complained the perpetrator said she had done nothing wrong because a solicitor had told her it was OK. Is this a defence in law please? Does anyone know?

 

 

There is a Westminster Hall Debate on 18th April on the subject of RICS and the regulation of LPA Receivers as RICS runs an accreditation scheme together with the IPA, for LPA Receivers. LPA Receivers are totally unregulated and this accreditation scheme is one of the only ways, apart from court, that gives those affected a way to complain.

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Who was your injunction against?

 

If you had an injunction against the receiver and they acted in breach of that injunction, the next step would be to enforce the injunction by seeking damages for contempt of court.

 

I had a fraudulent, unlawful act committed against me but when I complained the perpetrator said she had done nothing wrong because a solicitor had told her it was OK. Is this a defence in law please? Does anyone know?

The question is too vague to properly answer. Obtaining legal advice is generally not a defence to a legal claim.

 

However, I note you are alleging 'fraud'. Fraud has a mental component. Fraud requires dishonesty. If someone sought legal advice on a particular matter and was told that the course of action they were taking was OK, I do not see how you could prove dishonesty. You'd have to prove that the person actually knew the legal advice they obtained was wrong, which is going to be nigh on impossible.

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The injunction was against the LPA Receiver. She had already sold two properties and had been told by my then solicitor that she did not have the power of sale but she ignored the advice and went on to sell three more. By this time, the Land Registry realised that they had made an error in accepting the transfer documents from the receiver for the first two properties so refused the transfer documents on the other three and the bank had to step in and complete the transfers as mortagees in possession but that didn't change the fact that the receiver was the person who had put the properties up for sale and had signed the contracts for the sale.

 

The injunction was obtained after the receiver sold the second batch of three properties so the receiver was not in contempt of court.

 

I can see what you are saying about the fraud side of it but when an LPA Receiver accepts an appointment, the onus is on them to take legal advice to make sure the appointment is valid and that all the powers transferred to them are lawful.

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It seems to me that you need proper legal advice to establish whether you have a claim against (i) the receiver, and/or (ii) the bank.

 

I am not sure whether the claim would be against the receiver directly, or against the bank (on the basis that the receiver was acting as the bank's agents).

 

I doubt very much you will get anywhere with the RCIS. I also doubt (but I haven't checked) that the RICS accreditation scheme has power to award compensation.

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RICS don't award compensation but it might help my case if they upheld my complaint.

 

I think I have a claim against the bank for breach of contract for conferring the power of sale in the first place and the receiver for acting beyond her powers but both the bank and receiver have bled me dry and taken my business, my income and my home so paying for legal advice is out of the equation and that's why I am left trying anything I can think of to take things forward. Just one of thousands of victims of unregulated receivers whose lives have been destroyed!

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Search for pro bono legal help. There are Solicitors/Barristers that take on work for free, if a case is interesting enough. You need to put together a summary document stating what help you are looking for and a history of this. If you get taken on because they think they can win, then they have a chance of getting paid their costs from the other side.

We could do with some help from you.

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