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Repossession order even though I paid


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Ok this could get complicated, I have a mortgage with a certain building society everything is paid and up to date. At the start of October I received a letter from HLinteractive (solicitors) stating I had not paid my mortgage and owed £xxxxxx which I must pay a certain amount off each month otherwise they will go to court and get a repossession order. I checked the letter over and realised that they had spelt my wifes name wrong and the mortage account number was one digit different than our own. So we immediatly contacted the bank and explained the error and booked an appointment with the complaints officer. My wife trudged down there and the issue was eventually resolved. It is now the 11th of november and I get the morning post with another letter from HLinteractive stating that if we do not pay £xxxxx by the 18th they will be repossessing our property. This morning my wife went to see the these people and resolve the situation. If any one could give me any good advice on what to do when they come to reposses my property as I know that the wheels have already been set in motion and they will never get there paper work sorted out before the 18th. Thanks alot in advance, and please read my next post on my council tax issues.

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Hi Hobson999

 

They CANNOT repossess your home WITHOUT a court order... They have to take you to court and put their case before a judge, you WILL get notification from your local county court telling you where and when. If you can PROVE that you have paid, then there should be NO ARGUMENT....

 

But the main point is NO COURT ORDER NO REPO!!!!!

 

Hope it settles you a litte bit, I am currently fighting mine, and believe me I am learning very quickly!!!

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And if they take you to court and you can prove that they are wrong because you paid it you can take them to the cleaners

Make notes on all you meetings and telephone calls with them who was there what was said just in case

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Thanks for the replies peeps, Well I hav'nt been to court, been summoned or stood infront of a judge and had the opppertunity to do so but I would certainly like the chance. I am sick of being hounded for money I have already paid. If this farce continues I will post back and keep you all up to date and good luck to all of you

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Hi eveyone again, I just received my morning post with a letter from the courts. It states that there was a court hearing on 08/10/2008 which my wife and I did not attend and therefore the court orders that the defendant give the claimant possession of my house. So does this mean they can now come and legally cease my property even though the oustanding debt has nothing to do with my mortgage, building society, or in fact any of my financies as the debt is not mine.:eek:

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What you need to go is to go to the court office and make an application to have the orderset aside you reasons being 1. you had know knowledge of the hearing on the 8.10.2008 that you are not in arreas it will cost you £70.00 which you can claim back you need to get an uptodate statement from the mortgage company at the same time write to the company ( dont telephone send it recorded delivery and say that they seem to have made a mistake and ask them if they will agree to have the Judgement set aside what date does it have date that you have to give it up

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The first payment had to be made by 01/11/08 if no payment is made by the 17/11/08 . We will be issued with a warrant for possession of property. A balliff appointment will then be listed to repossess the property. That is what is said on the letter from the building societies solicitor dated the 10/11/08. Today I received a letter from the courts stating that we did not appear in court on the 08/10/08 and that

The court orders that

1.The defendant give the claiment possession of my property on or before 08/10/08

2. the defendant pay the caiment £xxxxxx being the amount outstanding under the mortgage

3. This order is not to be enforced so long as the defendant pays the claiment the unpaid installments under the mortgage by the payments set out below in addition to the current installments under thwe mortgage

payment required

£xxxxx per month the first installment being paid on or before 01/11/08 and it is judged that

The claiment recover against the defendant the sum of £xxxxxxxx for debt and interest to date of judgement.

No actual date for the repossession on the letter. hope this clears up any misunderstandings and thanks again.

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In English, basically they are saying as long as you keep paying they are not going to take your house! But as you have only just received the court hearing notification I would go to court and ask for it to be set aside. Its been suspended in effect.

 

Take it back to court, you cant let them get away with it. Check your next mortgage stayment, you may find solicitors costs added to your balance, ask for them back aswell.

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It just doesnt seem right have they got the right names and you right address on all the paperwork and is there ref nummber your account number

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Redstone did the same to me!!! They actually gained possession of my home, which is why I am fighting and learning lessons the hard way. if I can stop some one else going through it, then it may all be worth it......

 

They told me I was in arrears even though I had paid them. I had proven time and time again that I had paid them. Eventually they gained possession on a technicality, which I am challenging in the high court of London.

 

Did Kensington or your local county court send you a defence form, basically its a form asking your side of the story? Or do they say they did?

Like Bona says, have you EVER been in arrears, If yes they have probably used that to show you as an eratic payer..

 

You need to get back into court and fight them. Did the envelope that the court order came in have a post mark on it? If it did is it only recent? because that can only help your case about not knowing of the court date.

 

Ask for it to be set aside, or failing that get a suspension. Set aside means IF you do go into arrears, Kensington have to start all over again to get possession, ie file a hearing request, give you time to respond etc etc. Suspension means that should you go into arrears, Kensington can just ask the court for an order for your home as you are not paying as agreed.

 

I hope they realise they are being silly and stop all of this before you do have fight them. But in the meantime...We are here to assist.

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I have never been in arrears with my mortgage. I am not in arrears with my mortgage. Only the account which is not mine and I have no mortgage for that amount etc. The account with the wrong number on has my details on it but it is not my account, I don't know where this mystery account came from I have no access to it I just get sent the repossession orders for it against my property which I have lived in for 18 years. If I phone my bank and ask qestions about the account I have my mortgage on everything is in order. I have been back in contact with the complaints liason officer who originally sorted this mess out, and he is looking into it. My wife has also been to see the solicitors company who have also been told by the debt liason officer that this is just one big mistake (she phoned him at the solicitors). Now tomorrow she has to travel back to the solicitors to pick up a letter, which should generally work as a get out of jail card should the balliffs turn up. But I will beleive that when I see it. As for the courts I will have to take a trip down there on Monday but thanks for listening.

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You need to go for damages and what ever you do dont take there word for it I would get down to the court make an application and ask the Judge for all your costs which could be considerable and nthen get damages from the Mortgage Company What ever they say you have a court repossession order against you which will staythere till a Judge removes it

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And if they take you to court and you can prove that they are wrong because you paid it you can take them to the cleaners

Make notes on all you meetings and telephone calls with them who was there what was said just in case

 

and charge them for your time :D including the hours and hours of researching on the internet! :confused:

HTH (Hope This Helps) RDM2006

 

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Well that is most interesting, so regardless of what the building society and there soliciters tell me I will still have a repossession order against me until I personnally get the judge to remove it. Well I am annoyed now, so I am going down to the courts on monday and I am going to sort this out. Not one of them even mentioned this, they are way out of order. Thanks alot for the advice I'll post back as soon as I know more.

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  • 4 weeks later...

yeas how did you get on.

 

Have you checked your credit file to see what damage they have done there?

 

I hope you are fighting for a decent amount of compensation for wasted time /stress etc.

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

 

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Please get a copy of your most recent mortgage statements and then go personally to the court which sent you the suspended possession order.

 

Speak to the court staff and they will give you the relevant form to have this order cancelled at a hearing in front of a judge.

 

You will get a hearing and once a judge is in possession of the facts you will get the Order cancelled.

 

Please also claim as many costs as you can against these idiots.

 

Ell-enn will no doubt be of great help as in many cases before yours.

 

Additionally consider engaging a solicitor in court because you may well get more of what is rightfully yours monetarily.

 

Incidentally I would suggest that any order against you is actually worthless because one name on it will be incorrect.

 

All the very best

 

Gladstanes

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Hi everyone thanks for your help and quick replies. Just a final update to say the building society accepted there mistake and have given us a few months free mortgage. As the solicitors company never carried out the building societies request to stop the repossession we have now acquired our own solicitors and are suing them for numerous reasons. Which our solicitor has guarranteed us we will get compensation. So hopefullly this will be the end of it. I hope anybody who has had the same problems as we have should at least contact a solicitor. As it was not our fault we are entittled to compensation for other peoples mistakes, and to be honest would your building society be sympathetic if it was your mistake.

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