Thats great news. So the judge granted a stay for now. The hearing within 28 days are to decide to whether or not to let you stay in the property whilst it is sold? Or does it include something else that they are willing to discuss and if you are able, make payments towards the arreas and stay there?

Whatever reasons you give, so long as your friend is comfortable with it that is what is important and stick to it. Good luck.

He would have stood an excellent chance of keeping the property if he had attended the hearing. As it is, you cant say that he couldnt be bothered to open his mail. Receipt of some mail is acceptable if some of the important ones eg. hearing date never arrived. Its really up to the borrower to see what reasonable excuse can be made for not going to the hearing and he would know better than anyone else the circumstances around it. The circuit judge will only look at this if there are some procedural or factual issues that would make the original judgement unreasonable. Low level of arrears is a good point to make, that you can easily pay if you had known about the hearing etc.

The only thing you can do short term is try and get NRAM to the table to negotiate over the arrears to allow you both to make a deal that they will agree to and let you back in. You will have to let NRAM know that you have made an application for a hearing where you will discuss the case and ask for leave to appeal. They may or may not turn up. You need to add pressure on them to change their mind. As I said, if they dont play ball with that then you go for appeal to a circuit judge and get the repossession overturned if you can. Almost certainly they will turn up for that one. Get your friend to get as much money as possible together £1500 plus any down payment as you will need to show this once you go for appeal. In the appeal you must stress that all the facts were not known in the case so the previous judgement is flawed as you did not even know that NRAM had gone for repossession and you had enough money (proof) to pay and want to keep the house. The circuit judge has wide ranging powers to help you if you can make a convincing case. In the meantime, keep NRAM informed in writing only, no telephone calls about what you are doing and why as it adds to your case that you have had no communication from them. Last resort whilst waiting for appeal is the injunction on sale. If NRAM cant sell they are more likely to listen to you if they wont do so voluntarily.

One thing that you need to be careful of is you will have to make it clear that you were informed of the arrears when you called the lender after the locks were changed. If that fails to bring the lender to negotiate as the repossession has already gone through, then ask the judge if you can appeal against the decision that has been made and get a date. You will have to fill in the relevant appeals form `appellant’s notice` and pay the fee. As your friend has already spoken to a solicitor there is no guarantee that he can force the lender to let him back into the property even if he offers to pay. Not receiving any documentation is a valid reason for appeal but given the length of time since the repossession it may be too late. You can only try.

You can try and make an application on N244 quickly saying that you never received any of the paperwork in connection with the repossession and ask for an emergency hearing. Dont tell the court he couldn`t be bothered to open his mail you will have to say he never received anything at all. At the hearing you had best be able to ask for the sale of the property to be halted whilst you talk with your lender about making an agreement to pay as you did you have the opportunity before and have the means to do so financially. You will need to be convincing to the judge about why you never received the summons and also that you have all the necessary will and funds to make good on the arrears. If you didnt receive any documentation in the post you can argue the lender has not followed pre-action protocols which is the best bet in this case. Does your friend currently have any money set aside to pay anything towards the arrears and costs? You can also make an application to the court for an injunction for sale on the property whilst you take action. This is separate from the N244 and I cant remember offhand what the form is but its not cheap (about £400) and you need first to follow the protocol of issuing a letter to your lender informing them you intend to issue an injunction if they begin the sale of the property. Your friend should not have just left this till after the fact as its considerably harder to deal with it now, its a shame as most action can be stopped easily. Next time, he should read any mail he gets as ignoring the court wont help him and it will cost more to defend and reclaim the situation.

Would you believe that GE are actually worse than NRAM?!! Yes I would, most secured lenders jump up and down like mad when they dont get paid. Did you make an application for a time order against GE just out of interest before they went down this route? then that does me a favour not only in the time it'll take them to start the proceedings again in the future should they need to Absolutely. but also my internal complaint against GE for issuing in the absense of adherence to the protocols. Making an internal complaint is probably a waste of time. If you already know about how GE operate and they are making mistakes in their pre-action protocols then dont give them the opportunity to fix them by giving them an a to z of their mistakes. Leave it be, then if they go after you again the chances of them fixing their approach is slim so you can use the same failures next time as your first port of call if they want to issue any action. Hope this helps.

In any event, I paid 75% of the arrears today and they caved. They are now not going to court. How do you know this, do you have it in writing? If its verbal they can just turn up and you may assume that since they have agreed to then you dont, basically handing them the case on a plate. If you dont have anything in writing then go expecting to do battle. NRAM cannot be trusted, they have used untold BS, lies and delaying tactics before and there is no reason this kind of behaviour will change. What do you think my chances are of challenging them and getting the proceedings fully chucked out? Can you prove they did not follow all the pre-action protocols? If you can then you can try and get it chucked out completely. If you can then go for costs sure. If not, then you need to get a written statement from NRAM or GE (as you dont make it clear who issued the summons) about any costs and then dispute it with them, you are a lawyer so know about taxation and fair costs you can agree upon if their summons was valid. GE also seem to think no suspended possession order will be made, but rather that there will be a general adjournment. I'm not convinced that this is the case, so I would like to have a quick word with the judge about this as well. What do you reckon? Adjourned for what reason? Are they turning up or not or are they intending to turn up again in the future? They may make the application citing some bs that their rep is not available in which case the summons is still out there and they can restart it at any point should they wish, whether its for £200 or £20. If not, go for dismissal as there is no case to answer. You do not want it to be adjourned thats the worst case for you.

Can you give some more background about the other 10+ court appearances in brief? Mentioning what happened, what agreements were in place and what subsequently went wrong or right? How did the company get possession this time vs all the other times? What were the net payments pm? How many payments you made up till repossession? Closing Fees & Cost balance: £8953.63.....what is the breakdown of how they came to these figures? What do you want to resolve, do you want to get back into the property and make an agreement with the mortgage company or just let them take the property and go for a sale and get some money back? Regarding your questions.... 1) They have given us 14 days to remove our goods but are making it hard as possible, do they need to be like this? No, but its not unusual to make it so. 2) What can i claim back in regards to the charges? Check your mortgage agreement and see what small print there is about charges. Unfair charges for late payments, visits and other costs can be reclaimed. Did they charge for anything for attending court for example? Cost of locksmith etc? 3) We have been told that the house must be sold for a reasonable amount, how is this set? By local market conditions and its totally subjective. If they are offered say 250k for it that would be reasonable, if they were offered 150k for it that would be unreasonable. Normally they just sell it for the first half decent offer so long as it covers the the cost of the mortgage and fees. 4) We are being charged £20 an hour for a house sitter while we remove our goods, is this fair? I dont see why they need one at all? Check terms and conditions and ask from the mortgage firm if it is covered in any terms you have signed. Get anything in writing from them. All the possessions in the house are your bar the fixtures eg. dont remove radiators. If its free standing like a fridge, cooker etc no problem take everything you want. 5) The locksmith damaged several items during the repossesion, i have recorded the damage Technically the house at this point doesn`t belong to you, so forget about it. If you however get the house back then you can make a claim for damages from the mortgage company.

Before paying anything I would check about the status of your credit file and what will be put onto it if you do or do not pay. They can chase the debt for 12 years over mortgage shortfall but something will only be on your file for 6 as of the repo. Depending on how nasty the mortgage firm is you can just pay what you can for now towards the debt and rebuild your life. Only if you have sufficient money and you can recover your credit file is it worth paying it off now in one go. Some mortgage firms also accept deals, they want money after all if you can make an offer do so and in return to not affect your credit file further. These are all worth a try. Since your home was taken away there is a special register for those as well, just like for fraud cases. So really dont waste your time paying it all off, play for time, tell them you dont have any money and here is an offer for £10 a month and see how you get on.

Dont post the name of the estate agent, please remove it as soon as you can.

Even if the eviction does go ahead you will not lose your things, they have to give you seven days after the eviction to remove your goods and you can always make an application for access to the court thereafter if the mortgage company will not play ball. In the meantime get the valuations you can give to the court. With luck you should be ok, they will stay the eviction with review to allow you to sell which in this case seems more than reasonable. Good luck.

I would tomorrow get the house on the market with a few agencies and get a valuation. Ask the estate agents for a valuation in writing asap but do not tell them that the house might be repossessed. Take the valuation along to the court. You will have to make an offer to cover at least some of the mortgage in the meantime to give yourself a good opportunity to stay in it whilst it can be sold. The repayment on the mortgage seems very high also, are you on a repayment plus arrears? If you are then ask the court to drop it down to interest only plus something towards the arrears or just interest only whilst it is sold. If you can contact one of the agencies and ask them to represent you if they can, that would be a great help also.

I am not an expert on the legal front, best wait for Ell-en to appear or some of the others. But if you just want to sell the home yourself make the application to the judge for at least 3 months and thereafter a review another 3 months on. You are extremely unlikely to sell your house in 1 month and Kensington can use that against you to say its totally unrealistic. Most sales take 3-6 months. Be prepared to keep paying what you can as well towards the mortgage if that is what you decide to do. Regarding the Council, what they have said is totally ridiculous. If you cant afford to pay your rent or mortgage because you do not have the money then they are under an obligation to help you. Keep paying what you can towards the mortgage. Only if you make yourself homeless by choosing not to pay the rent or mortgage would the Council be unable to help. You need to be in a position to show you do not have the money and have made every effort. Do not despair, there is help out there. Have you tried Christian Debt Line or CAB yet for assistance?

Hi thanks for that. Yes, I`m aware of that. But what I am saying is that if you ask for the copy of the executed agreement (signature and all) then if such a document truly exists it has to be sent under SAR or even S77-79 request. As a finance company I could quite easily send out a blank agreement to you without your signature that you never signed. Hence no agreement. How do I know this is truly what I singed unless I took a copy at the time? And if it went to court then to actually prove there is an agreement you would have to produce such a copy. So again if you request a copy of that document then there is no reason not to send it, unless they dont have it or cant be bothered. There is an issue with the CCA I have been looking at as what is the difference between a `real` copy of your agreement signature and all that is illegible and sending a copy of the agreement without anything on it (signature) but can be easily read? To me, both are meaningless.

They cant send the executed agreement to you if they have blocked out the signatures. It has to be complete and verifiable. I will add to this bit, depending on your circumstances if there is no copy of the executed agreement with your signature on it then you have no agreement at all. There must be a copy of it, if no SAR or S77 reveals this then does it really exist at all. It`s rather a dangerous situation. I did SAR for Barclaycard and they porduced a photocopy from microfilm of the original executed agreement that must be almost 20 years old. It looked as though a spider had dragged itself across the pages as it was completely impossible to even work out any of the details. I have a piece of information I need, there was a court case regarding the DTi vs lloydsTSb about whether or not an executed agreement really constituted an executed agreement. I had this saved but lost the data, can someone point me in the right direction? Thanks.

Everyone from CAG chip in, hire a lawyer and try a private prosecution.

Where is the agreement you signed?

I just remembered something, we were looking for a way to find out who would handle a prosecution against a bank or CC Co for a criminal default? Well prosecutions are handled by the CPS so it would make sense to collect the information and submit it to them and see if a prosecution is possible under the CCA or other Act? The Crown Prosecution Service has headquarters in London and York and operates under a structure of 42 Areas in England and Wales Local office, give the a call and go in and explain and see what the story is.

If you have an agreement which you sign and within that agreement it refers to *ANYTHING* then *ANYTHING* must be supplied to make it properly executed. It doesnt have to be all there at the time, on the agreement if will have some T&C and then the rest can be sent to you within 7 days after you have signed the agreement. If you dont have that, then its improperly executed. Or even could be taken that its totally unexecuted depending on the information omitted at the time.

LloydsTSb are the biggest unsecured lender in the Uk, their sales tactics are legendary and their staff are under a lot of pressure to meet their hefty monthly sales quota. I know someone who works in there ;-)

I dont think they are miracle workers either but from the information supplied about the issues suffered by Pudsters then I would use this as the first cause of action because its free and any information/investigation by an official body would at least highlight anything she could use as ammunition later. If they cant find anything to pick up on, Pudsters is no worse off. Other than that, it looks exceptionally complex, easily deniable and you need legal help or spend a massive amount of time on it yourself to move it forward.

Happy to help. LloydsTSb seem to be at home to Mr Cockup as my and my wifes joint mortage mysteriously transferred just to her name. Also, they are sending mail to her that should be for me for monies owed in a seperate agreement for a credit card which should be in my sole name ONLY.

I am also following the complaint route over a loan with LTSB which I feel was completely missold to me and my husband , was incorrectly put in my name alone despite the fact the clerk knew I was going to be a full time student and asked her not to put me on at all!, they claimed that the full amount was used for consol and therefore did not change our overall lending even though it upped it by some £8k... the clerk also made us sign on the day and wouldn't let us go away to think about it... it's a long story and these are just some of the reasons for my complaint just wondering if there was somewhere on this site where I could find out about that/chat to someone more knowledgable than myself?!? Can't help there I'm afraid. I think the bank's argument might be that you must have seen that only your name was on the agreement when you signed it and also would have seen the full amount of the loan. if there are other issues that are more contentious then I hope someone will be able to give you some advice soon. Your best line of attack over this is to send the report you mentioned to LLoydsTSB. Go to the FOS Financial Ombudsmen Serive website and download their complaints form. Fill it in and send if off AFTER you have received a response from LLoydsTSB. The FOS are heavy hitters and investigate on your behalf, it also costs the bank 360 quid for the FOS to investigate on your behalf ;-) I would also advise angainst any litigation at this point until the FOS has investigated. Their ruling on the bank, the bank MUST comply. If you disagree with the ruling you are still then free to go for litigation but hopefully armed with at least some kind of assessment by the FOS that will carry weight should yo uneed it in court.

Well the other thing to remember is that complexity costs. Not only internally in procedures but also externally in the case of yourself v bank. The more complex it is, the more it will cost to defend. In which case they might well be in the right but its just not worth the argument or cost to go up against it.