Redstne evicted us for being 4500 pounds in credit

[jansus]

Have you ever asked for a full statement of payments due and payments recieved and all the details of the fees in respect of the possession?

 

I can not see how the judge granted the possession if the mortgage company owed you money?

 

A basic question is, not taking the arrears into account( if there are any?) can you afford the basic monthly payment on the mortgage ( on your own incomes)

[jansus]

Well then I agree you have to fight this somehow.

 

Ell-en is the expert in this field but I guess you have to try and find a way of holding proceedings first and then get a full itemised statement of exactly what has happened on your account. i have seen a case where a refund was given for legal fees as the court action taken was unneccessary .

 

Maybe you can get any written proof you have of what has gone on ready as when you get helpfrom someone more experienced than me then you may need to produce them( without personal details of course)

[jansus]

Oh and reference the DD I think you should be able to cancel. Or if you changed banks they would not have your details then you could set up a standing order instead.

[jansus]

I am not sure whether I referred you to Tide Turners thread - but next to Ell-enn he is your man with experience and he has done a lot of research into what must happen in this situation.

 

What is your solicitor advising you to do next?

[jansus]

Sorry I have just checked the thread Mortgage, CreditAgricole ,BirminghamMidshires, Halifa x, HBOS, CurtisSolicitors

 

But Tide Turner has not been on for a while.

 

But I know he had problems with no notice about removing goods from his house etc.

 

It is a long thread!

 

Do you have copies of all the letters that your solicitor has written to the Estate agents etc?

[jansus]

I still think you are entitled to a full statement of payments /charges due and received on your mortgage since inception and you will need this to prove your case .

 

In effect all though they have taken possession the mortgage has not been repaid and is still open. There will still be interest accruing.

 

I suggest you send a copy of the SAR to Redstone and state that as far as you are concerned the possession is in dispute. You Require the information urgently.

 

Firstly you need a full statement since inception and details of all charges in connection with the posssession.

 

If they do not provide this information you will be contacting the FOS as the situation is now urgent.

 

In fact it may be worth a call to the FOS to see what they advise.

 

If you get a chance read the thread I mentioned as it has lots of interesting links.

[jansus]

law, conversion is an intentional tort to personal property (same as chattel), where defendant's unjustified willful interference with the chattel deprives plaintiff of possession of such chattel. Plaintiff must have actual possession or an immediate right to possession at the time of the wrong. Absolute ownership is not necessary to establish standing to bring action. Interference in conversion means the exercise of dominion over another's chattel. Defendant must not have legal justification for such interference, and need only have intent to perform the act constituting interference. Intent to dispossess plaintiff of the chattel is not a required element of the claim. In other words, intentional removal of another's chattel under the mistaken belief that it belongs to the actor does not relieve actor of liability under conversion.

__________________

Posted by Jody 123 on thread mentioned

[jansus]

"They were ordered by another judge at a different hearing earlier this year, to pay us fifteen thousand pounds in costs and to recalculate the monthly payment to reflect this. They admitted that taking the court order into account. THEY owed us over four thousand pounds in overpayments. and that they would refund this. I am still waiting, but not with baited breath"

 

 

 

In your first post you said as above you were awarded costs - How was this paid and then you were asked to refund 7000?

 

Can you explain that bit in a bit more detail?

 

If you want to find the thread by TideTurner or Jody 123 who seems to have some knowledge go to the search button - do advanced search and type TideTurner - in section find posts by user. Most is about after possession but in later pages discusses removal of goods from house.

[jansus]

I am on another site and I will see if I can get any help about who you should go to for help .

 

Sorry not allowed to post link

[jansus]

So in that case even if costs were reduced they should have amended the mortgage the other way and then just increased the payment due?

 

Not just asked you for the costs ?

 

 

Also I would say totally unfair for the court to say that you could not borrow for the £7000 even if it was not adjusted on the mortgage as it was costs not technically arrears?

 

Do you see where I am coming from?

 

I am checking on my other site but the comment on the FOS ceiling does not seem right - they thought £100000

[jansus]

we are checking and will come back to you.

 

Is this a first charge on your house? Not a second charge?

[jansus]

I think now I have my head round what I think - but I am not a legal expert.

 

In summary the Mortgage company took you to court for non existant arrears and got a suspended possession order.

 

Then all the errors were found - it went back to court and you were awarded £15000 costs which the MC applied to reduce your mortgage and therefore your MP - so then you were OP and in advance/credit with your mortgage.

 

The mortgage company took you back to court about the amount of costs - the judge ruled in their favour nd said you had to give them £7000 in costs back - but they owed you some OP so that reduced the amount owed.

 

Now in my eyes they should have put the mortgage debt back up and even if they backdated it you would still be a little in advance.

 

I can not see the problem in you borrowing for the costs as you NEVER had the £15000 you were awarded against them in your hands!

 

If I am right on the above - you can meet all your MP and you are not in arrears.

 

If I was in your position I would make sure your solicitor is doing a letter or arranging court hearings - so that all parties ( MC /SOL /ESTATE agents ) know that the whole possession is in dispute. Also they do not have ownership of your goods in the house .

 

Can someone please pm ELL-ENN and ask for her opinion as I am out of my depth here and I am not allowed pm facility .

 

I am still checking about FOS responsibility but this is now an urgent legal matter - and you do need full statements of costs and charges urgently. I would write recorded and ask again for those as if this does come to court the judge will not look favourably if they do not provide you with what you need.

[jansus]

Unfortunately this will take a long time to read and I have posted the bit about chattels.

 

I think really the poster needs to get his solicitor or the court to advise all involved to hold fire - that is if the solicitor is going to fight against the whole possession ?

[jansus]

I have just checked the FOS site and it says they should help with mortgage complaints. If you have the original mortgage papers that should tell you who to complain to . Also a call to the Council of mortgage Lenders may shed some light who could intervene.

[jansus]

Ordered to Leave Your Home

 

When a Repossession Order has been issued you still have rights to protect and a better future to secure. Since the Lender will desire a fast sale to recoup as much money as quickly as possible, repossessed properties are often undervalued by lenders and under-marketed by agents. You need to make sure the lenders get the best possible price for your property to ensure as much of the debt as possible can be paid off.

 

Make sure you:

• Find out the exact date the property was given to the Estate Agents to handle.
  
• Ensure the property has been cleaned and the garden tidied.
  
• That a 'For Sale' sign has been erected. Take a photograph of the property if there isn't a sign (preferably with a date stamp).
  
• Visit the agents to check your property is in the window or at least displayed inside.
  
• If it is not displayed ask about the availability of properties where it is located. If you are shown yours, show interest and ask for a copy of the same sales particulars. If they don't show yours just get the name of the sales person for future reference.
  
• Check the sales particulars in comparison with others for positive selling points. They may have neglected to mention "No Chain" or "Vacant Possession". If they have, then the case for under-marketing grows stronger as Estate Agents tend to cite this as one of the best selling points for a property.
  
• Check the value of the property against similar properties in your area.
  

If the property has been undervalued you can ask the courts for an injunction to prevent the sale. This can be done at any time before the completion date. Lenders have a legal responsibility to get the best price for the property that can reasonably be obtained. If you think your lender has failed to get a fair price, get advice from a solicitor. You may be entitled to compensation.

It may be possible to stop the sale if you can raise the money to pay off your debts soon after the eviction. If you want to do this, you need to act quickly. You have to apply for an injunction to stop the sale of your home while the arrangements are made. If contracts are exchanged with a buyer before you do this, you can't stop the sale from going ahead.

Back to After A Repossession

[jansus]

The bailiffs won't remove any of your furniture or belongings unless the court has decided they should do so. The bailiffs will usually watch while you do this yourself. If you don't remove your belongings, they will be left locked inside. You will need to make arrangements with your lender or freeholder to collect them later. You normally have to remove everything within a short period of time, for example, two weeks. If you can't do so and don't make other arrangements, your lender or freeholder may be able to dispose of them.

If you can raise funds or your situation has changed and you may be able to pay off the arrears seek advice immediately as you may be able to stop the repossession.

Back to After A Repossession

[jansus]

sorry which post?

 

Do you mean what they can chase you for after sale?

 

basically if there is negative equity after house sale - they can chase for all monies owing for up to 12 years?

The fact is they will now be adding all sorts of costs regarding sale etc - which is why if your solicitor is going to challenge whole possession you need details of what is going on?

[jansus]

Now that I am not sure of as it will depend on what the company have asked for. In the small print most companies can call in the whole loan if they want to. However in the circumstances with the new protocol and government guidelines they should really accept any arrears.

 

but where did the figure of £14000 come from ? Why did they ask for that?

 

I think you have to go back to basics - from what you are saying your mortgage has not been in arrears?

 

these figures are from court costs from their errors?

 

So why should you pay anything?

Edited December 3, 2008 by jansus

[jansus]

I just dont get it - if they paid the 15000 off your mortgage they could have had the 7000 back in costs by increasing your mortgage again and you still would have owed less than the original mortgage?

Edited December 3, 2008 by jansus

[jansus]

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:)

[jansus]

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.

[jansus]

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 ?

[jansus]

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.

[jansus]

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 December 4, 2008 by jansus

[jansus]

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.