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    • I doubt HMCTS holds any data on whether arrests by AEAs required police assistance.  They couldn't or wouldn't provide data on how many of warrants issued were successfully executed - just the number issued!  In my experience, arrest warrants whether with or without bail are [surprisingly] carried out with little or no fuss.  I think it's about how you treat people - a little respect and courtesy goes a long way. If you treat people badly they will react the same way. Occasions when police are called to assist are not common and, having undertaken or managed many thousands of these over the years, I can only recall a handful of occasions when police assistance was necessary. On one occasion, many years ago, I arrested and transported a man from Hampshire to Bristol prison on a committal warrant. It was just me and he was no problem. I didn't know the Bristol area (pre Sat Nav) and he was kind enough to provide directions - seems he knew the prison.  One young chap on another committal warrant jumped out of his back window and I had to chase him across several garden fences.  When he gave up (we were both knackered) I agreed to drive by his girlfriend's house to say farewell for a while.  I gave them a few moments and he was fine. The most difficult are breach warrants but mainly in locating the defendant as they don't want to go back to prison - can't blame them.  These were always dealt with by the police until the Access to Justice Act transferred responsibility from them to the magistrates' courts. The fact was the police did not actively pursue them and generally only executed them when they arrested someone for something else and found they had a breach warrant outstanding.  Hence the transfer of responsibility.
    • thats down to mcol making that option available for you to select, you cant force it. typically if there are known processing delays at northants bulk it will be atleast 14 days later if not more.
    • Thanks   Noting the day to apply for default judgement if necessary
    • nope, as the display model was not the colour the customer wanted. but your question is totally immaterial anyway as custom built doesn't come into it. dx
    • as long as aos is done by day 19 from the date on the claimform they get a total of 33 days to file a defence. (whereby the date top right on the claimform is ONE in the 33 day count) dx  
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Redstne evicted us for being 4500 pounds in credit


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I must stop posting this late at night - do you know I woke up at 3 last night trying to suss your case out and I still am not sure I understand it.I just can not imamgine what you must be going through:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

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offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Lordy only knows.......

 

Right, we were ordered to py £7,000.00 within 28 days on October 17th 2008. We applied for a variation which was denied...

 

So we applied for a suspension... which for the reasons of:

 

1. Could not provide a PROVEABLE guarantee that I would not go into arrears in the future....

2. If I was borrowing the money I was putting us into debt, then the mortgage itself would not be paid anyway.

 

The possession order was given, this was an hour after I walked out of court.

 

I went home explained it to my partner, who was at home with the baby. We managed to pay the £7,000.00 anyway, as our friend decided it would be better to do that than do nothing. When we got back to the house, the baillifs were already in. Although the baillifs themselves could not have been more helpful. They rang wragge and co on our behalf to explain that £7,000.00 had been paid. The call was passed over to me and they then doubled the payment required to £14,187. some daft amount of pence.... Saying this was due to litigation costs, baillifs fees, administration fees, etc etc.....

 

We rang our friend and told her what was happening and she agreed to pay the remaining £7,187. When the baillif rang wragge and co back to confirm that she had spoken to our friend and if wragge and co would like to ring her themselves, our friend would pay it on her card over the phone.....

 

By this time my partner was also on the phone to them via the 2nd bailliff attending, asking them to justify the extra £7,187.

 

Wragge and co at this point refused to accept the payment of £7,187.00, saying that as the bailliffs had gained entry, they had possession of the house and no further payment arrangements would be entered into, unless the amount of approx £88,000.00 was paid.

 

Obviously we could not find £88k at 5 minutes notice, so we were stuffed basically....

 

So when I read your post, I was wondering, if ( for the sake of getting back into the house before christmas) I paid them the money would they be hard pushed to refuse it.....

 

But I will still be continuing to fight, especially after today's fiasco......

 

I am sorry to be keeping you awake, I only sleep because I am medicated by my doctor so that I can..... Otherwise I would never sleep at all....

 

As for posting this late at night, I am trying to re read this post to make sure it makes some sort of sense, and I cant even take it in anymore....:)

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thanks olives.....

 

I have a sinking suspicion that the house is gone........ I dont know something about how fast things are going and the tactics that are being used is bugging me........

 

If it is I will be fighting for the value of the house aswell as relocation costs to boot....... I was originally suing for mortgage, court costs and stress..... by god definitely stress.......

 

But Im not sure now......... Now I have to tak on the value of the stuff destroyed etc etc........

 

right thats it im getting teary eyed, cant tell if thats exhaustion or my temper finally breaking........

 

So I will say good nite for now and will be back on tomorrow........ Need to read tide turner thread again, dont think its taken in the grey matter yet........

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I have never come accross a case like this and if I have understood it all correctly you must keep fighting . You need some kind of better help in the legal sense as I am only an ex BS employee .

 

Maybe we could try a letter to the lender /court / solicitors and your local MP trying to make sense of this . You are at least entitled to some explanation as to how this could have happened.

 

Dont worry about me not sleeping - concentrate on your family - when it boils down to it they are the only important things - the rest is bricks and mortar - but if it is an injustice - lets NOT let it go.

 

Keep asking questions.

 

Best wishes to your family

 

Will be back tomorrow.Will help with a letter if you want.

 

And Ell-enn will be back soon with some more practical help I am sure.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Before we do a letter - can you tell me what is your solicitors plan of action at the moment? Is he willing to fight the whole re-possession ?

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Keep at it GMAC thought they had us but we got over £20,000 back they hope you will give up or they can wear you down dont let them I still think you should go and get an emergancy hearing to have everything stopped and a court order making them account for what has happened

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Plan of action errrr right..... Sorry my head is splitting already........ Idiots were back this morning to finish off their voyage of destruction.......

 

Ok.... Solicitors plan of action, if i understand him right, is....

 

Challenge whole repossession, based on the facts of no arrears, and who can guarantee NOT going into arrears......... Failing that apply for value of house, and now possessions, stress, etc etc etc....

 

You know just writing/typing that seems a bit double dutch.. must be my head going.........

 

Result of court again this morning was to get a list together of what EXACTLY was in the house....

 

Im nowhere near done I think and I am on page 5 already......... And all that is is the big stuff in the house and the last few remaining kdis stuff like their toy BOXES etc etc...

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Hi Bona....

 

Have asked/told my solicitor to apply for emergency hearing to get a clear account of who what when and why.....

 

But after the last couple of days, I am not sure what response it willgain, as I have a court order saying Cease and Decist when it came to the house clearance, but in Redstones words... "Court order or not, our contractors have been given authority, with firm and clear instructions to carry on regardless of any interferance by you or any of your representatives, or some one claiming to be your representative"

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Well as far as I have read they do not have any right to do that they may have possession of your house but not the contents. Your solicitor needs to get his act together and as Bona said he needs an emergency hearing if he is going to challenge the possession.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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As far as Redstones are concerned you still have a mortgage with them it is not repaid and you are still a customer so their attitude is unacceptable.

 

A golden rule is to keep everything in writing.

 

First of all what about a recorded delivery letter

 

Mtg account number XXXXX

 

Official complaint

 

I refer to the re-possession of the above property dated XXX

 

 

 

As far as I am aware I still have an outstanding mortgage with you and therefore I am still a customer. I wish to make an official complaint regarding your attitude and behaviour to me and my family before and after you took the property back.

 

You are fully aware of the circumstances regarding your action and as you know the final court order was regarding costs and not arrears. I have not had problems with my payments and most of the problems have been caused by your companies errors ( which is why I was originally awarded XXX costs on XXX)

 

I would not have had problems with future payments either and yet I now find myself with a young family and homeless.

 

I am still awaiting the details requested in the Subject Access Request and I am entitled to everything requested as like it or not I am still your customer.

 

Also I have requested on several occasions to be allowed to remove my own possessions and have been refused permission. You do not as far as I am aware have any court order allowing you to do this when you have not allowed me access and your attitude on the phone regarding this has been very un-professional.

 

1) Please provide me with the information requested in the Subject Access Request urgently

2) Please confirm in writing by return when I can collect my belongings

3) Please send me an up to date statement for the last years transactions immediately.

4) Please send by return your official company complaints proceedure as I feel I will have to take this matter to the FOS /FSA and my local MP

 

Your attitude at a very difficult and stressful time has completely baffled me.Your company has caused all these problems and yet you are rude and un-sympathetic.I will be taking this matter further and my solicitor will also be in contact.

 

I look forward to your prompt reply.

Edited by jansus

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Also I would send a copy to their solicitor - whether or not they are still dealing with it they were the sol at the time.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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"whole repossession, based on the facts of no arrears, and who can guarantee NOT going into arrears......... Failing that apply for value of house, and now possessions, stress, etc etc etc...."

 

That bit is quite easy as you were not in arrears anyway - and all you have to do was complete an Income and expediture sheet to show you could pay the mortgage and bank statements to show the regular payments going out.

 

Why should you have had to borrow the money to repay the costs when you never had the monies in the first place?They should have just increased the mortgage back up to have the monies back??

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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I would try another call to the FSA tomorrow and say that the FOS would not help and you are desperate to get someone to "rap" Redstones knuckles about their attitude regarding the whole problem house and contents and ask them who you should go to. if it is the FOS let me know as I may have a contact you could email direct.

 

For all these compliants it would be good for you to have a "timeline" documents , factual and to the point regarding everything that has happened .

 

And I know you must be really stressed out but make sure every letter and court document you have is in one well organised file because if your solicitor gets a court hearing you need to be ready.Also make a note of any phone calls - or record them. Time name etc.

 

 

By the way where are you and your family living at the moment?

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Your solicitor sounds as if they need a big kick up the rear. I assume that they are charging you left, right and centre for their services. Keep on fighting because if you give up, those ba........ds will win whether they are in the right or wrong.

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Found this on another thread posted by Taffr

 

Hi,

 

It's hard to know where to start but first I must congratulate coinkingwest on the success at court and everyone here who provided support.

 

It is without doubt, that where ever I go on this fourm and read the many threads concerning sub prime lenders and repossessions, that there remains a misunderstanding of what this market is really all about.

 

I sincerley hope that not only what I am about to share will provide a new impetutus to those in problems today but also to start taking them on at their own game and complain not just to the FOS or FSA but also to HM Treasury who were the UK authors of this financial instrument.

 

With the danger of sounding patronising, which I promsie you I am not, I would like to present some myths and facts about this industry and some of its players.

 

For example:

 

Redstone Mortgages PLC is NOT a company. It is an SPV (Special Purpose Vehicle) that holds securitised mortgage portfilios on behalf of investors.

 

Redstone Mortgages PLC as an SPV do not and cannot employ people. It is a shell company specially created to hold and manage a Mortgage portfolio. A normal portfolio size is circa £1m/800 properties.

 

The Redstone SPV is owned by: HVBEurope.com and you contact them direct here: [email protected] om

 

Redstone Mortgages plc was established in April 2004 as a special purpose company to participate in the secondary loan sales market in the U.K., purchasing pools of residential mortgage loans and funding them via securitization

 

All the SPV's mortgages have been securitised and they are 'administration' type only mortgages (don't worry you were not supposed to know this) and they use HML in Skipton as their mortgage servicers.

 

HML - Homeloan Management Ltd

 

The SPV cannot hold arrears and do not have the financial accounting systems to do this. The mortgage has been securitised (purchased on the bonds market) and is valued by Standards & Poors or Fitche ratings. It is the portfolio value that is the mian basis of their commercial activities and it was the devaulation of subprime mortgages that has caused the credit crunch as these porfilos get devalued and not advers borrowers behind in their payments as they all want you to believe.

 

The SPV do not employ and have never been set up to do this, FSA authorised mortgage advisors and without which they cannot assist you, help you, change the contract T & C's, provide holiday payments, capitilise the arrears, allow you to reduced payments...indeed there is nothing they can do to help you. Thye have never been set up to do this and were never going to help you.

 

When you call the 'SPV' in Skipton it will be HML who answer. Thye have 75% of the subprime lenders market. They are just a 'debt collection agency' who are employed to collect the monies, send out statements and chase shortfall debts.

 

The same letter heads are used for all 30+ customers HML carry out mortgage adminsitration services for with the exception of the name and telephone/fax number.

 

The SPV is registered with the FSA as a 'lender' but in fact they do not 'origninate' or advance any lending. The FSA are being questioned about this as we speak.

 

They will portray themselves 9via clever tactics using HML systems) as a trusted, every day mortgage company. They are not. They are a shell company (financial instrument) who pass income from mortgages back thier investors in the Cayman Island and other countries.

 

Repossession is the first resort and not the last - FPD = First Payment Default which is Day 31, litigation action is started.

 

There is no one to talk to about any short term problems you may/do have.

 

Everyone advises that is you have a problem to talk to your 'lender'. Sorry, this only benefits them as they then see a pronlem arising that will effect their portfolio value and your passed direct to litigation. There is absolutly NO benefit to you, the borrower.

 

They must keep up the pretence that they can help so as to pay a lip service to CML/FSA rules.

 

I have researched this market now for 3 years and I am sorry you (like me) feel duped from the start an that is exaclty what has happened.

 

I am happy to help, assist and/or answer any questions anyone may have. This has got to stop.

 

Redstone SPV are just one of hundreds of new entrants in this market but to come to terms with this completley you need to understand the whole process from broker to application, underwriting, sale of the mortgage to another 'entity' and then administration of a debt only mortgage.

 

I am sorry, you were never going to be helped, ever.

 

There are now three types of mortgage companies in the UK:

 

Traditional building society/banks – retail outlets, savings & other bank accounts

Originators – borrows funds to provide the mortgage and sells the mortgage immeditaly

SPV’s (Special Purpose Vehicles) – Shell companies, to hold the mortgage account and pass on income/profits to the investors – cannot employ people

 

All but the first are pretending to be mortgage companies in the style of the first.

 

There is so much more....

 

Regards,

 

TaffR

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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fantastic letter Jansus...

 

Will most def be using it..

 

As for living arrangements, we are seperated at the mo....... my eldest two daughters are living with my sister in law half a mile away, and my partner, me and our baby daughter are living with my mother in law approx 2 miles away from our house....

 

Thats a good one because we have to pass the house when I take to my children to school. everytime one of the girls ends in tears. There is only two routes to school from here and both end up going past the house so its not like I can avoid it.....

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I have read Taffr thread, and it was quite an interesting read. I have used alot of his info to get as far as I have.....

 

But there is so much help and advice and I am very grateful that other people ( Jansus, ell-enn, Bona etc etc ) are actually willing to help.......

 

Restores one's faith....

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Just a little help whilst you do your good battle - you know that you are homeless, and i can tell you that because you have children, have lost your home through no fault of your own, and are a family forcibly separated and this means the local authority have a duty to look after you. In cases like this, where there is a battle and the house could potentially be regained, or compnesation paid to put you back in the position you were in before, the LA still has a duty. (An example is an owner-occupier suffering a fire, flood etc - whilst this can all be put right, if there is genuinely nowhere else for the family to go, the LA has to help out temporarily). I should imagine they will help you secure private rented accommodation. This will take the stress off you having to find somewhere all on your own, at this dreadful time.

 

I stand to be corrected here - but I always advise people to go to Shelter - I'm sure they can help after all you are homeless and that is what they are all about. My local shelter office has two fantastic lawyers, who really believe in what they do all for free! Much better than a normal solicitor who rarely deals with housing issues. Worth a try - they'll pick through this spaghetti of a night mare very quickly and you'll then understand what has happened here.

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Gosh how difficult for you and your family . It must be so stressful.

 

I also read that FSA also have a report started on complaints about Redstone.

I would email and fax the letter as well if you have contacts.

 

As I say If you try and call the FOS again and FSA and get no joy then let me know as I may have contacts I can give you.

I think Ell-enn is back tomorrow and hopefully she will have a pm from someone waiting in her in-box and maybe able to help you with the legal angle through the courts .

 

Maybe you could also send a copy of the letter to the court and ask them to put it on your file.

 

put a rocket up your solicitors bottom to put it politely!

 

You may want to amend the letter as I may have missed some points - but unfortunately you must keep it polite and to the point at this stage as basically you are officially making a complaint and if they do not reply you can take it further.I dont think it is worth mentioning too much about what your sol is intending to do as pre-warned is pre-armed.

 

 

Maybe you could add:

 

As a final point considering the new government protocol guidleines I and my family are totally bemused as to how you can force us out of our home when we were not in arrears on our payments and never have been.Your explanation would be appreciated

Edited by jansus

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Jackie and Wayne

 

Really? According to our local authority, as far as they are concerned as we have been evicted by our mortgage company, we have been told that we have made ourselves INTENTIONALLY homeless and wont help any further..

 

We have actually approached them about doing a "sell and rent back" at least with them I would be protected as a tennant.... but again the answer was no.....

 

Our solicitor seems to make the right noises but unless something drastic happens ( see last few posts) he doesnt move very quickly....

 

Not sure if that is a solicitor thing or a court thing....

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Do you help people get advice

 

 

might be worth looking at this site?

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Good evening caggers, I seem to have attracted agroup these evening, how are we today? and the family? good good.... ( I have officially lost my sanity....)

 

Any who..... I am around should I need to clarify the mountain of confusion above.....

 

I am looking at possibly by passing my sol on this one.... I think that my brain has gone squishy with lack of sleep thru stress, but I dont think he is earning his £141 per hour fee....... I am not entitled to help by the way....

 

So, for the moment, see what I need to do regarding emergency hearings before a master and then possibly change sols.........

 

Does that make any sense, or have I addled my brain?

 

Jansus, have you heard from Bona this evening or Do you know the answers to the above...

 

Any advice or tellings off appreciated......

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