Hi Siacasapig,

As LateDeveloper said it may be possible to set the order aside so long as the bailiff have not taken possession. Even if they have and they have not sold it, it may be possible to stay the sale, so long as you can prove any form of detriment or prejudice suffered as a result of their behaviour before the order was granted. According to the the criticism in the Bos v Rea case in NI, there might well be a lot of grounds for staying the possession order and/or possible sale. It is advisable to see the CAB to look into the matter.

PS: I am not a solicitor and anything i post is based on my experience and should not be construed as legal advice.

Hi Chilling,Sorry to hear abt you injunction. Can you PM me pls What is the general gist of your case and what sort of evidence do you have against themI am happy to assist if i can, btw i received letter that lpa have been revoked on my properties interesting

Chillin,

Good to hear that you are in mediation with these guys. my advice to you is that I would be very careful and I would be extremely skeptical of anything they said, ensure all is in writing and play your cards close to your chest. They seem to be past masters on delaying tactics, remember this is a job for them. I would also suggest, if there have been breaches to a court order, it is important to deal with them separately from the claim and have it on file, it will only strengthen your position.

My impression of them is not the best but will keep this to myself for now, suffice to say that i will not trust a car salesman as far as i can throw them.

Regarding cca and BTL mortgages, its interesting that there aren't a lot of people out there bringing cases against banks, they might have a case against them as i dont think there is a time limitation on cca agreements or s140 and 140a.

I have a lot to say on this issue with btl mortgages and i am thinking of starting a new thread to share my experience further, bcos i am getting really annoyed at the way these guys behave, their arrogance and smug attitude towards borrowers, I am happy to share my experience to help others in the hope that the more people know about this and bring cases the more they will take it seriously, however, the difficulty for me is that I am conducting my claim myself and it is extremely time consuming and draining, but notwithstanding, I am convinced that certain aspects of the mortgage contract can be challenged successfully under the cca.

My advice and comments are 'without prejudice' based on my personal experience, research and what I have learned through the people. Please If in doubt or told to, do not hesitate to seek legal advice. I can not be held responsible as each individual's circumstance is different

Hi Mugos Mum, How is it going with your battle with MX, please do give me an update ,lets see whether there is still a chance to battle them.

Pertronas Walker, how has it gone with MX, did you sign up, if you did please do let me hear from you. it is not too late to do something about it. you can send me a PM if you wish. Good Luck

Hi all just to update you all, got injunction against mx and its lpa receivers to stop any actions, seeking declaration from courts under cca s140 that appointment of lpa unfair and that execution of contract terms is unfair and behaviour of company unfair and unacceptable, we believe case is good any advice will be greatly appreciated

Hi Caro,

My situation is that MX paid a number of service charges on my behalf last year, they then advised that the have added the paid amount to my mortgages and said in the same letter that the amount will be due when mortgage is redeemed and that my monthly interest payment will change to reflect the new balance. I agreed and have been making payments as required by my mortgage on a monthly basis. I am not in arrears, but early this year, I was contacted by a relationship manager who wanted my to sign a new revised 2010 terms and conditions, which has still not been sent to me or which i have still not seem, and which i believe according to her reduces the tenor of the mortgage to 10 yrs, I refused to sign it and since then I have been hounded in various ways, the latest being that they the services charges paid on my behalf is a breach of my terms and hence, i must be paid back immediately, otherwise i have to agree to the new terms and if not the receivers will be appointed.

Has anyone experienced this, any suggestion would be helpful

Thanks

Hi, Anybody have the Mortgage Express Conditions 2004 booklet

Many Thanks