Hello We are in the process of buying a house which is now under threat of repossession, the current owners have done an extension which has not had its final building regs sign off due to some minor work which needs completing and our mortgage company have now put a full retention on our offer until the building regs certificate is issued. The current owners had a repossession hearing on the 3rd of this month and have been told to come back again on the 3rd of next month for another hearing. After the hearing this month they have managed to borrow the money to get the building regs signed off which will be done this week. Due to Christmas being just round the corner and knowing how long our mortgage company will take to remove the retention from our mortgage offer ( upto 10 working days once they have received the certificate) this will take us past the 3rd of january when they have there next court hearing. once the retention has been removed we are all ready to exchange contracts though this will probably be after there next court hearing but only by a few days i imagine. So my question is how likely is it that the court will issue a repossession order as this is the second hearing? what is the likelihood of them taking into account that we are ready to exchange contracts? sorry for the long post and thanks in advance for your help Jamie

Hi. My wife and I have a Secured Loan with Paragon Finance, that was taken out in January 2006. We fell in to arrears in April 2011 and this has now escalated. We have been unable to make the monthly payment nor been able to repay the arrears. We received a Calling-Up Notice on 20 September 2011. I spoke to Paragon on 29th September 2011 with a view to trying to sort out the arrears and prevent further action. Unfortunately, we were unable to make a satisfactory arrangement, and this has now resulted in a citation for repossession under the Conveyancing and Feudal Reform (Scotland) Act 1970. It states that we are ordained to answer within the the Sheriff Court on 25th January 2012 @10:00am. I am at my wits end, as I have been unable to work since 2006 due to 3 failed back surgeries, and although I was still in receipt of salary for1 year, I now only receive Incapacity Benefit. My employers dismissed me due to ill-health in July 2009. My wife works, but her income covers our mortgage and living costs. When we took out the loan, which was via Loanline (Brokers), they advised that we needed to take the PPI, in order to get the loan. I did submit a claim, but Paragon declined it on grounds of my back problems being pre-existing, and also within 24 months of taking out loan. (I'd only seen my GP once about a sore back, and everything sorted itself). So now, we are being faced with the prospect of losing our home. Can it be repossessed if they are only the second in line, after our mortgage providers? Also, If I was able to raise the money to clear the loan entirely, will this stop the action or not? I have looked through the paperwork received today, and there is no mention of stopping the court action, if loan repaid. If I was to submit a claim for PPI refund, would that have any affect on the court action? I am really at a lose to know what to do. Any help/advice would be gratefully received. I know that this is all of our own making, but things have just got out of control. We have struggled to make sure our mortgage payments have been paid, only for this to happen. Paragon, have really made our lives hell, and now are about to make it worse! Thanks.

[/b]Does anyone know if any case of mis-selling has been brought against any sub-prime lenders ? Can anyone help me urgently draft my appeal against latest judgement & eviction date ? I lack legal knowledge & do not have the time in just two days to find out enough about how to formulate the appeal and what to claim. I need really urgent help because I only have two days left to appeal correctly enough to be allowed to appeal at all and get an eviction set aside for March 22. I also need help because I get the impression that the courts and legal industry is devoted to not taking on mis-selling claims in the sub-prime lending arena and think I need help to avoid being flummoxed by rubbish from the courts. I need to file appeal and get further stay of eviction to give me the time needed to properly formulate appeal and fight mis-selling case. For instance, surely I must be able to set aside the repossession judgement so as to allow my claim for mis-selling. On what grounds can the repossession judgements be set aside ? Help anyone ? Also I need to show I did have ‘clean hands’ How can I do that. On what grounds can my action of incorrectly filling our mortgage application be exonerated to then give me ‘clean hands’ ? I do need a bit of urgent help. I was repossessed and then waited a year going through the mortgage rescue process. I was accepted, ticked all the boxes etc, then it was handed over to the housing association. They sent a surveyor around to see what repairs etc might need doing to bring house up to minimum letting standard. There is a budget of £20 000 for any repairs. The housing association surveyor produced a completely fictional list of items with equally fictional cost estimates to bring the total up to £27 000. It was wickedly dishonest. This was then used by the housing association to refuse mortgage rescue at the last minute, leaving me being evicted soon, March 22nd. The real costs of repair works by the way was about £7000 maximum, and is very easily proved. But the housing association are adamant and have even refused my offer to find the excess cost. I was advised by the government quango that oversees mortgage rescue that this inflated repairs estimate was simply being used as device to allow the housing association to refuse to buy my house because it had run out of funding. So, I managed to stop the last eviction date by making an application to the court asking the court to consider ‘proportionality’ of eviction under Human Rights Act in view of recent Pinnock judgement and also asking the court for leave to file a counterclaim for miss-selling. The judge said I couldn’t make a claim for miss-selling as too much time had elapsed ( the mortgage is only about three years old) and I had also ‘affirmed’ the mortgage by making payments (which apparently also barred me from making and miss-selling claim). Also, a third reason I could not claim miss-selling and equitable relief (compensation in plain English) was that I had ‘unclean hands’ as I had mis-stated income etc on mortgage application and was partly to blame and the law says anyone seeking equitable relief must have ‘clean hands’. The judge did accept his court had a liability to consider proportionality and he did consider whether it was proportionate that I was evicted etc for long winded reasons given in judgement. So I have presumably pushed the legal boundaries of the Pinnock judgement further by establishing that the Pinnock judgement on ‘proportionality’ (human rights act) does in fact apply to private householders as well as local authority tenants. this had not been made clear by Pinnock. I have arranged a transcription of this judgement & will post it here when I get it in a day or two. The judgement will provide a platform stating points on which to fight the case. But, I was mis-sold and thoroughly misled. I told the judge I would appeal ( he had refused leave to appeal, but I can appeal against that & ask for leave to appeal from a higher court.) I have just two days left to lodge that appeal before I am out of time. Some of the reasons for my mis-selling claim are : The mortgage was misrepresented I was taken unfair advantage of by the broker The broker applied duress There was a conflict of interest between broker & lender. Below is a list of mis-selling tests taken from Aventra & other sites. I think just about all of them apply to me. “How can I tell if I have a mis-sold mortgage? Can you answer YES to any of the questions below:” • Were you encouraged to self-certify or falsify your income to get a mortgage? • Did the lender regularly remortgage you to keep on a low rate? • Did the broker charge you a large finders fee? • Is the mortgage on an interest-only basis with no repayment vehicle? • Did the mortgage go past your normal retirement age? • Your mortgage was an interest only mortgage? • Your mortgage runs past your retirement age? • You acquired your mortgage through a sub prime mortgage lender? • You made a Self certification mortgage application? • You had adverse credit when you acquired your mortgage? • You re-mortgage for Debt consolidation purposes? • Your affordability was not considered when you made your application? • You are now in negative equity? • You were advised to switch to another lender? • You have had your property repossessed? Other points of law I have looked up indicate I have other ‘points of law’ grounds for mis-selling, Viz: - Coercion - Misrepresentation - Duress (Economic duress A contract is voidable if the innocent party can prove that it had no other practical choice (as opposed to legal choice but to agree to the contract. The elements of economic duress 1. Wrongful or improper threat: No precise definition of what is wrongful or improper. Examples include: morally wrong, criminal, or tortuous conduct; one that is a threat to breach a contract "in bad faith" or threaten to withhold an admitted debt "in bad faith". 2. Lack of reasonable alternative (but to accept the other party's terms). If there is an available legal remedy, an available market substitute (in the form of funds, goods, or services), or any other sources of funds this element is not met. 3. The threat actually induces the making of the contract. This is a subjective standard, and takes into account the victim's age, their background (especially their education), relationship of the parties, and the ability to receive advice. 4. The other party caused the financial distress. The majority opinion is that the other party must have caused the distress, while the minority opinion allows them to merely take advantage of the distress. - Unjust enrichment - Lack of fiduciary duty by broker to me I think there are more points of law that SPML & the broker (owned by US bank Capital one) drove their evil bulldozer of fraud right through, but I haven’t the time to list them; but you get the point. Many of the people who were sold mortgages by spml & others will all have some or even all of these points of law to claim against Ascenden & Co. I think virtually all of this list applies to me. There couldn’t be a more clearer case of mis-selling than in my case as I also informed the broker I was a single parent with sole, unsupported care of a child & I was surviving on State benefits. I also explained the purpose of the mortgage was to repay previous lender who had completed repossession and listed eviction date. Can we ALL get together & use my case to forge a precedent of common law that all the other sub-prime victims cans use too ? Possibly organise it into a class action. I feel the point about my claim ( & I haven’t had the time to tell the whole story here & there is lots more & it is a corker) is that I am such an obvious victim and repeat victim and have so MANY grounds of mis-selling that surely it must succeed and then others can follow ? Has ANYONE yet brought a claim for mis-selling ? Anyone out there ?