Mortgage Fraud: Eviction Feb 18,2009! Please Help!!

[Ell-enn]

Hi there, I don't have much time as I am at work at the moment, so I need you to stay on line to answer questions I need to ask in order to complete your defence statement:

 

Was the mortgages taken out in only your father's name or in joint names with your mother?

[Bonita21]

Hi, Thank you so much for your help and guidance the mortgage was taken out in joint names with my mother!

[Ell-enn]

So was your mother's signature forged also?

[Bonita21]

Yes, in the handwriting expert report it says my fathers and mothers signatures was probably done by the same person

[Ell-enn]

Hi there, affixed is the statement to be attached to the N244. You will need to fill in the information where there are XXX's at the top and also in the body of the statement (remove the XXX's). Put this into court and at least you will get a hearing date. If the solicitors are able to act for you they will put forward a further defence on the day of the hearing.

 

Take photocopies of the May 08 court order and the Handwriting report and then:

 

May 2008 Court Order - write the claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

Report from Handwriting expert - write the claim number on top left and Appendix 2 on top right.

 

You should now have:

 

2 pages of N244

Statement

Appendix 1 May 08 court order

Appendix 2 Handwriting report

 

Take 2 photocopies of these documents and then make up into 3 separate packs each containing the above. Take one pack to court with the £35.00 fee.

 

Any further questions, just shout. I will be offline from 12.45 until 2pm.

 

Ell-enn

Bonita Q.10 statement.doc

[Bonita21]

Thank you so much Ell-enn,you have been so supportive at this difficult time! I shall be taking these documents to the court and checking on my father also! Do you think in your opinion that we stand a chance in having the eviction stayed? or should I have alternative accommodation on standby?? Thank you for such a fast and caring response! I cannot thank you enough!!

[Ell-enn]

Hi there, I cannot see any reason why the case should not be stayed, based on the information you have given.

 

As soon as you get the N244 to court they will send your defence to Swift and I think when Swift see it they will cancel the eviction, so the sooner you get it to court the better.

 

Keep on at the solicitors though, if they do not cancel the eviction it would be good to have them represent you.

 

Ell-enn

[Bonita21]

Hi, I have just received notification from my solicitors that they are unable to attend court next week as they cannot decide on a no win no fee case without gathering further evidence! they have advised me to apply to the court to ask them to stay the eviction so we may gather further evidence and he said in his opinion that he would be very surprised if the judge allowed the eviction to go ahead! I am still scared if I have no solicitor representation will the judge listen to me? What happens if swift send their expensive solicitors and the eviction goes ahead?

I just hope it will be ok without our solicitor representation and they have really left it to the last minute to drop this on me!!!

[Bona]

As You are in London some one might be able to come with you which part of London and do you have a date for hearing would you like me to see if someone local to you could help

[gizmo111]

Hi, I have just received notification from my solicitors that they are unable to attend court next week as they cannot decide on a no win no fee case without gathering further evidence! they have advised me to apply to the court to ask them to stay the eviction so we may gather further evidence and he said in his opinion that he would be very surprised if the judge allowed the eviction to go ahead! I am still scared if I have no solicitor representation will the judge listen to me? What happens if swift send their expensive solicitors and the eviction goes ahead?

I just hope it will be ok without our solicitor representation and they have really left it to the last minute to drop this on me!!!

 

 

Which court is the hearing? A lot of courts now have duty solicitors to help with repo cases. Also call Shelter and ask if they will help with legal represenatation at the hearing.

[jansus]

Dont forget you are not going to have to prove the fraud in court at this hearing - it is only about the eviction. You only have to show the court that there is a pending fraud case which Swift have not dealt with in any way.

 

Your family have done everything they can at this stage.

 

You have evidence the police have been involved

you have referred the matter to the FOS

you have advised Swift on several occasions

You have evidence from a handwriting expert

You have asked for details from Swift to sterngthen your case and they have refused to release those details.(wonder why)

 

What else could you have done ?- and I am sure the court will take all that into account.

 

As Ell-enn said I would not be surprised if the lender backs off again - then hopefully you will get some more help to sort this once and for all.

[Bonita21]

Hi, I would like to thank everyone for all the support and advice you have given me! My fathers condition is now stable! I shall be applying to the court first thing tomorrow for a hearing! I have contacting the CAB advisor who initially helped us to begin with as he was the person who went with me and my father to suspend the eviction in March and hopefully he can be of assistance as the solicitors are unsble to represent us at this time! However should I not be able to contact him in time for the hearing I was hoping someone could be present at the hearing with us as I am very nervous! We live in west london and the hearing will be held at the central london county court in marylebone road! I shall be trying to contact the CAB representative again tomorrow but if all else fails I would be very grateful if somone would attend with us! i shall post the court hearing as soon as I get it tomorrow!

Once again thank you so much to everyone!

Kind Regards

 

Bonita

[Bona]

When you get a date I will post I may be able to come but have alot on but Im sure we will find some one

[gizmo111]

When you get a date I will post I may be able to come but have alot on but Im sure we will find some one

 

Its 18 Feb Bona

[Ell-enn]

The 18th is the eviction date - they're trying to get a hearing before then to suspend the eviction.

[martin2006]

i read your thread last night bonita and was so distressed by your story i couldnt even post. I cant put what i think of these **** because it will be a torrent of expletives.

I so hope your dad is on the mend and you stuff swift in court and walk out smiling, you and your family should not have to put up with this.

Although i cant help with your situation, i will be thinking of u on the 18th and hope you get the eviction quashed altogether, any judge should be able to see whats gone on.

[Bonita21]

Hi, I would like to thank everyone for all your help and kind words! I went to the court ofice to apply for a hearing date,however upon handing all the documents and the statement Ell-enn provided me, the court staff located my fathers file and stated that the last action ordered on my fathers case was on May 14,2008 by District judge Glasner whereupon it was ORDERED that the action be adjourned generally and the claim be STRUCK OUT if no request to restore is received by 1 September 2008. The office staff were very confused as they stated to me that Swift HAVE NOT made a request to restore and all they have gone for is evictions. The court lady then went to speak with a judge straight away who stated the same thing she had told me regarding there being no record of Swift restoring the claim! he now wants Swift to explain why they did not apply to restore the claim and went ahead with the eviction! the court lady has now listed the hearing for Monday 16 February with the judge she spoke to! I do not know if this is a good thing and if Swift have potentially messed up and if so does that mean that as they never applied to restore the claim does this mean the eviction is invalid and the claim should be struck out? can anyone advise me please

Thank you

[Ell-enn]

That's a good thing Bonita - and even better that you are getting the same judge that the lady spoke to. I think it's unlikely that Swift will turn up on Monday.

 

Your father must attend the hearing of course, but you will be allowed to accompany him if his English is not too good.

 

Please do let us know what happens, we will all be thinking about you.

 

Ell-enn

[Bona]

If you would like someone to come with you I will post a request

[Bonita21]

Hi, Ell-enn what would happen if Swift do not turn up on monday? In your opinion would the case be struck out? Have they messed up by not restoring the claim?

 

Thank you so so much for all you have done!!!x

[Goldlady]

I am so pleased to hear that things are starting to go right for your parents. I agree with the others that Swift are unlikely to turn up, as they will be in trouble with the court.

 

Wonder what they will do about the outstanding money. Think they will have to write it off - I certainly hope so.

 

Keep strong and well done so far.

[jansus]

It sounds like it is in your favour and we will all be thinking of you . The first thing is to get the eviction cancelled and then move on to the next step of officially getting the loan written off somehow. We will all still be here to help.

[Bona]

Just say if you want some one to come with you

[Bonita21]

Hi,

 

The CAB representative that went with us last time is unable to come with us on monday due to him being away on a training course! He told me if I go with my father that the judge will be more sympathetic towards us, I'm not sure if thats right would anyone be able to advise if this is correct and if not would anyone be able to attend with me and my father on monday!

Thank you so so much!x

[Bona]

What time on Monday