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About Jake68

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  1. Sillygirl1 thanks for taking time to reply. I have just spoken to a friend who works for a firm of solicitors and their mortgage repossession team haven't heard of such a practice. Will phone Kensington to clarify their 'request' and then progress down the route you suggested if it still doesn't stack up.
  2. I noticed the name Kensington appearing often here and was wondering if someone could shed some light on a letter that I received yesterday from them. Very brief background - After a long drawn out case against a builder who kept my deposit and didn't do any work, I obtained a charging order against his property back in February this year. I received a letter yesterday from the Kensington Mortgage Company informing me that the property has been repossessed and that they hold a charge in my favour. This part of the letter I understand, the next paragraph gets a little bit confusing.
  3. Friendinneed You may want to see if an insolvency administration order would be applicable in this case. I'm no expert, otherwise I wouldn't have come on here in the first place, but below is some legal speak relating to deceased insolvents. It is a common misconception that when a person dies, his/her debts are automatically discharged. Debts are not discharged on death unless specific provision has been made for them to be discharged, e.g. by an insurance policy. All debts that are not provided for must be met from the assets of the deceased debtor. Where the assets are insufficie
  4. No death certificate has been issued. Waiting for a coroner's inquest to be scheduled, have no other details. Was informed of the death by the wife's solicitor a week before the Order of Sale hearing. They're not willing to answer any questions I put to them. I'm assuming there must be some validity if there is going to be an inquest, although there was probably an inquest for that 'canoe' bloke also.
  5. JoinCris Forgot to add, she was still a shareholder in the business after she resigned the directorship.
  6. According to Companies House the wife was a director of the firm but had resigned her directorship before I contracted them to do the work. So the charge was just on his share. You wouldn't be the first person to make the 'canoe' comment. But I have to take it on face value.
  7. Surprisingly it is only the mortgage company and myself that have any charge on the property. Why the other creditors failed to apply for a charge is a mystery to me. If memory serves me right there are about seven other unsatisfied CCJ's on file, although for smaller amounts of money.
  8. rippedoffagain Thanks again. Seems that there is some redress for negligent behaviour perhaps it will benefit someone else who finds themselves in a similar situation. My problem was never about obtaining a judgment, as it was all fairly clear cut. All our problems have been about enforcement. Seems that the courts are pretty toothless in this regard. Turns out that this individual had a number of unsatisfied CCJ's. Further internet searching has highlighted the possibility of applying for an Insolvency Administration Order, however I wouldn't know if I would be wasting time and money g
  9. rippedoffagain I've had this discussion with the police as far as "intent" is concerned. Difficult to prove they told me. I think the facts speak for themselves. Used "them" as a collective term for the building firm that he was a director of. CCJ was individually and against the firm. Company since wound up by other creditors.
  10. tinkerbell20 I would really like to avoid that route but I'm getting backed into a corner more and more.
  11. rippedoffagain Point taken, but I was looking for direction and didn't want to labour how I found myself in this situation. For the record I wasn't trying to force a sale on a recent widow. The Order of Sale hearing was directed towards her husband and was set in motion before he died. I'm just trying to understand what my legal options are subsequently. OK for clarity - sequence of events. 1) Borrowed money from bank to pay deposit to builder (too trusting and naive on that one) 2) Builder gives personal guarantee against deposit (otherwise wouldn't have given it to them) 3) 6
  12. rippedoffagain Perhaps you are right, I wouldn't claim to know how people would react to my situation. After all it's not the typical David v Goliath that this forum specialises in. If only life were as black and white as that. I hope there are people out there that are more sympathetic to our problems. Jake
  13. John, It is indeed a complicated matter and not a situation that anyone involved is happy to find themselves. Thanks for your advice. Jake
  14. rippedoffagain As you said, don't be too judgemental without knowing the circumstances. All I can say is there is more than one victim in all of this. My family stands to loose our house if I can't get this money back. We are the innocent party in all of this!! Would you not try all legal means to prevent this happening? Jake
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