Tilly V mortgage express repo

[Ell-enn]

Is there any personal injury clause in the car insurance?

[**Tilly**]

Thankyou Kenny have printed them off, will start to plough my through them

[kennythecelt]

No problems Tilly, you are amongst friends here!

 

Remember, you will get through this, although it seems very difficult at this time!

 

Speak later. Kenny. x

[Hopeful1]

 

If ME respond dead on 40 days that will take it well over repo date :o

 

 

I was just wondering if info can be requested under the Civil Procedures Rule as it is a court case?

 

With regards to contacting local councillors / MPs, it may be a good time to do that with elections coming up.

 

Paul put this link on my thread. My MP responded quite quickly:

 

WriteToThem - Email or fax your Councillor, MP, MEP, MSP or Welsh, NI, London Assembly Member for free

 

All my best wishes Tilly

[Bona]

Was it his car or yours whos name is the insurance in and yes as Ellen said is there any personal injury clause

[**Tilly**]

Hi Bona

No it was his car, not sure about injury clause,will have to find the policy,

 

[TideTurner]

Tilly,

 

We need grounds here to dispute any judgement which has been made. This could be an argument that the original terms between yourself and ME were unfair and not explained at the point of taking on the mortgage. Any dispute would put proceedings on hold, and would give you time to sell or resolve your position. Anything you can do to delay the current proceedings will give you time to get the best resolution.

 

Fight and disagree with everything.

 

Report ME to the FSA and the Counsel of Mortgage Lenders immediately for their business practices.

 

Then inform the Court that you have found discrepancies within the proceedings which need to be addressed via appeal.

 

Delay, delay, delay until your position improves.

 

Tide

[**Tilly**]

Okay been making phonecalls to housing associations, some have said you need to be

nominated by local council, but others are sending application forms, and also got

an appointment with local housing association tomorrow.

[sillygirl1]

Sorry to hear of your problems Tilly, but the court may well be on 'your side' as your husband's illness has to be taken into account. Once you get the forms to fill in I can help too - I've done a few for myself (the only hope I had was to get somebody in but getting somebody to 'pay their way' was hopeless).

 

As your house is already on the market the judge may very well make a stay of eviction to allow a sale to go through, there is a 'control of sale' bit in the County Courts act that you could use - I think Ell-en knows that bit better than me.

 

Wishing you all the luck on this - it's not an easy world to be in at the moment.

[TideTurner]

Bill,

 

I agree with SG. I know it's hard to think when you are smack bang in the middle of something, but if we are going to hedge our bets here, 90% of your effort should go towards staying in the property you're in. Dispute everything and seek all possible local help.

 

10% of your energy should go towards a Plan B.

 

Whenever any viewers come to the house make it unattractive. Eat lots of garlic and onions, and keep raw fish in the larder!

[**Tilly**]

Sorry guy's if i don't right away im trying to take in all the info

[**Tilly**]

Going to work on the stay tonight,

[TideTurner]

Billy,

 

Just for info - Shelter: Repossession

 

Shelter: Allowed to stay

 

If that doesn't help, it might be worth contacting the National Debt Line - National Debtline, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000

 

Also: -

 

In a UK repossession, the mortgage company “take back” the house, sell it, use the proceeds to pay off the amounts owed to them, and then send the balance to the borrower. The old duty to take “reasonable care to ensure…. the best price that can reasonably be obtained” has been slightly modified in the Building Societies Act 1997 to “take reasonable precautions to obtain the true market value of the motgaged property. It is normal, though not needed, for the mortgage company to get a Court Order to get a repossesion. The mortgage company does not have to sell the property via an auction - indeed, the Courts have recognised that this may well not be the best way to obtain the true market value.

 

In a foreclosure, by comparison, the mortgage company “take back” the house, sell it, and keep the entire proceeds. This is only possible as the result of a Court Order, and it’s nigh on unheard of for courts to grant this these days - normally they only ever grant repossession orders.

[**Tilly**]

Still trying shelter number seem's they is busy really trying to take all this in

here, i must admit for the first time i feel out of my debth here guys, i really appreciate all the help and advise from you brilliant people where would i be without

you all and cag.

[kennythecelt]

Let us know what help is needed and we will get it for you!

[Bona]

You have a little time if the repro isnt untill the end of May so why dont you sit down with a piece of paper and work ou the best thing for you do you need special facilities for you hubby will he ever work again how bad is the break all these things could make a difference

how much do you have coming in what can you afford to rent

have you applied for any help as hubby is not working you can then look at the results and work out your priortys every one is bombarding you with information at the moment which must be confusing as well as helpfull then make a plan under different headings to what you want the outcome to be being realistic of course it will help you to see more clearly

take care:)

[kia]

ohh tilly so sorry love had no idea cant really help practicily but i can give u a shoulder to lean on but take each peice of info slowily and dont panic im sure itll work out there a right brainy bunch on here im sure youll get all the help u need :)im here if u need to talk xxkia

[**Tilly**]

Okay have done sar, but muppet here has most likely got all statements, so to do job

for tomorrow ferrit them out before i waste any money

[**Tilly**]

Found all of my statements and added them up, so at least that

has saved some time.

[TideTurner]

May need a bit of confirmation here, but if you bring an action against them for the recovery of disputed charges, would that not be a good enough reason for a stay? In the interim, obtain the best price possible and sue for interest, as the reason the matter cannot be resolved is directly related to the banks reluctance to admit charges made are unfair (not covered by the OFT case).

[**Tilly**]

righty oh budget sheet filled in, all supporting evidence (if you like) lol copeid and ready, just about to start on the n244, i think im getting there

[sillygirl1]

If you need any help with the wording Ell-en is one of the best to contact, I can do some but not all of the bits.

 

Getting rehoused seems to be a lottery - I can get on my soap box and cite first hand cases of 'abuse' of the housing system but they won't change the system nor the way mortgage companies 'take take take' attitude.

 

One thing that is worth mentioning is that you have contacted all the housing associations (give a list of them and their response) in spreadsheet fashion and that can help show that you have tried (and failed so far) to find suitable alternative accommodation....

[**Tilly**]

On the re- housing front i still can't get through to shelter, but have rang local

council again, and have to go to the civic centre to apply for an application for

the homeless,

[Ell-enn]

Tills, once you get a hearing date we can do an updated one page statement the day before. We can include the situation regarding alternative housing etc. as you'll know more what the options are by then.

 

Ell x

[kia]

try not too worry too much tilly were here to offer support dont forget interest on charges too u might be surprised xxkia