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

[Bonita21]

Hi, sorry once again but would it be possible that I could ask swift for all details they have in relation to this case as I have just noted that the direct debit mandate had a bank account that IS NOT my fathers!!!

 

Thank you

[Bonita21]

Hi, I have also sent out today a complaint to the FOS along with all the documents I have on swift via special delivery! I hope this helps my father but given the timescale I doubt it!!

[Bonita21]

If swift do not disclose all information how can I even begin to form a defence?

[gizmo111]

What documents do you have from Swift/broker.

 

I am pretty certain that if you have a strong case then you can ask the judge to delay the eviction and order Swift to disclose at the hearing next week. What has been shown at previous hearings for the case to be adjourned. What have Swift investigated, and what exactly did the police do?

[Bonita21]

On the first hearing we went with a CAB representative and a drafted letter from our solicitors stating the fraud where the judge suspended the eviction pending an application to set it aside! The second eviction swift cancelled it after seeing the handwriting expert report! Swift have done no investigating as far as we have been told! The police tell us they are looking into it but it is not a priority and they will get back to us all I have from swift is a unregulated credit agreement from them thus far!

[gizmo111]

Right to make this clear - and you will need this to defend in court can you sit down and make a timeline of events to the best of your knowledge?

Put a date against every event/letter/meeting and cross ref it to any correspondance you have. Also type out any orders you ahve had from the court on the repossesion and the exact wording. Same with the police, CAB, Swift, solicitors etc.

In your first post you mention selling the house, what is the background on this?

[Bonita21]

I have contacted shelter today they told me I should ask the judge to adjorn the possession order generally in order for all evidence to be gathered can this be done or is it all too late? For TWO years this nightmare has been going on!

[Ell-enn]

If the solicitors are able to act for you then they will be able to put your application to the court. You need to ring them in the morning and find out what the decision is. We can then advise accordingly.

[Bonita21]

Could someone one advise me what it means to set aside judgement and what happens if it is set aside thank you

[Bonita21]

Hi, I have contacted my solicitor AGAIN and they have once again told me that the file is still in the no win no fee risk assessment department and they will get back to me this afternoon or tomorrow morning! As every1 can understand I am very anxious and there is just 6 working days left to help my parents! Can anyone suggest how I can get this matter solved and eviction prevented or do I have to find my parents and sisters somewhere to live?

 

Thank you

[gizmo111]

Hi, I have contacted my solicitor AGAIN and they have once again told me that the file is still in the no win no fee risk assessment department and they will get back to me this afternoon or tomorrow morning! As every1 can understand I am very anxious and there is just 6 working days left to help my parents! Can anyone suggest how I can get this matter solved and eviction prevented or do I have to find my parents and sisters somewhere to live?

 

Thank you

 

See post #56 above - we need information to help.

[Markiemark1]

OK, I really do realise that this is very stressful for you, but you need to get the information put down. I've no doubt a judge would suspend any eviction and set the matter down for trial, but you will need to make an application to that effect.

 

Has your solicitor come back to you? Otherwise we need to get our heads together and get cracking. Don't lose heart - it is not too late.

 

RM

[jackieandwayne]

Bonita - this is a long shot, but worth a go, I've seen this happen twice in 26 years of Local Authority housing work.

 

If you can, tomorrow go down to the Housing Department with your parents and family and make an emergency homeless application. I think your parents will qualify as priority need - it sounds like your father is elderly and not in the best of health?

 

For something this complex the homeless officer will have to speak to the Council's solicitors. The Housing Dept will want to avoid having to house your family and will attempt to avoid the homelessness occurring. Their Legal Team is a tool they can use if need be, and its possible the Local Authority;s solicitor might act very swiftly to stop the homelessness - this could solve your legal representation problem. Please bear in mind that I say COULD - this is a long shot - but worth a go.

 

When you go, take all the paperwork you have in a folder, put it all in date order as best you can, take absolutely everything you can think of. I'm pretty sure they'll have to take legal advice on your case as it is so rare and unusual (I would hope!). The only feasible way to stop this homelessness is to represent you in court to stop the eviction. Give this a go - fingers crossed.

 

Oh, and to help them take evidence of what your income and outgoings are for everyone affected, and show what you have had to spend already on legal help - because they will go through finances etc.

 

Good luck and calm down, no judge is going to allow this if you do just as Ell-en says.

[Bonita21]

Eviction Notice Given for March 17,2008

Attended Court On March 14,2008 with a CAB representative and a our solicitors application to suspend eviction which was granted!

March 17,2008- Bailiffs turn up at the door and scare my mother before drilling the door locks open I ran all the way to my mothers house while listening to her crying and screaming on the phone as they wouldn't read the suspended eviction order letter from the court!

I arrive to confront them I call the bailiff office the county court the CAB and our solicitors who say that should not have happened!

They leave without an apology and the locksmith takes pity on us due to such a traumatic event and repairs my parents locks!

Our solicitors request details from Swift who provide us with the following:

Unregulated credit agreement, additional information,authorities and declarations,income affordabiliti letter,direct debit mandate(ACC NOT MY FATHERS),authorities and declaration forms,legal charge for a consumer credit agreement,legal charge

Our solicitors state this is not enough evidence from swift and state that we should get a handwriting expert report to further help my fathers case and help set the judgement aside!

On May 2008 we receive a letter from the county court stating:

 

Deputy District Judge Glasner

 

Upon Swift not attending

and upon reading a letter from defendant 1

and upon reading a letter from defendant 2

 

IT IS ORDERED THAT The action be adjourned generally and the claim be struck out if no request to restore is received by 1 September 2008!

 

Swift respond by obtaining an eviction for September 16,2008

 

On August 16,2008 A POSITIVE report is received from the handwriting expert report is received our solicitors speak to their barrister and then send swift the expert report upon seeing the report swift CANCEL the eviction themselves!!

I contact the bailiff office because after what happened last time I want to make sure no bailiffs will show up and they tell me they have nothing on their system to say swift have cancedlled the eviction I contact my solicitor who calls swift who assure him they have yet I call the bailiff office oncemore and they say they have received no request to cancel the eviction HOWEVER should the swift representative FAIL to appear the bailiffs will turn up and just walk away! After a sleepless night we were in pieces the next morning but thankfully NO ONE came!

 

Now once again Swift have obtained another eviction for February 18,2009!!! And I am very scared!!

[jansus]

No the two don't go together - it would depend on the LTV if there was a physical valuation done or not. In any event the valuation fee would have been paid up front before any funds were released.

 

 

I am assuming that if this was a planned fraud they are going to have paid all the mortgage fees to cover the trail and also if there was a valuation they would have intercepted the post so that they could have been there at the time of the visit. My comment was really that I have heard of some companies,even where there was a high LTV, still only doing a drive by valuation. And obviously the " friend" in the loosest terms would not have paid for a full survey.

 

I would have faith that if the court acted in the correct way last time then they will this time. Then the main objective will be to stop the lender proceeding with evictions untill the fraud case is sorted - Which i guess will not come under the juristiction of the arrears hearing ,unfortunately.

[Bonita21]

Police report made on March 19,2008 also!

[Bonita21]

Letter from Central Trust received 20th January 2009 stating:this letter is important following an internal review central trust have become aware that the mortgage offered to you was not affordable! dont know if this helps!!

 

Also several letters from eastern councelling department saying they were evicting us but asking for no further information from us please help!!

[gizmo111]

Have you been to Shelter?

When was the last time you spoke to Swift?

[Bonita21]

Yes I have been to shelter they told me to apply for the judge to suspend the eviction generally until we can set aside judgement! My solicitors last spoke to swift on September 11 I believe when swift cancelled the eviction! I am really very scared if my solicitor decide my father does not qualify for no win no fee after keeping us waiting for a week that leaves me 6 days to find my parents accomodation I really am losing hope and am finding it difficult to cope!

[Bona]

Look I know solictors take there time but in the meentime you have to do things yourself get back in touch with the police and ask what they are doing about it make your appliction to the court and ring the press and tell them you are being evicted for fraud by some one else see if you can get somelocal publicity

[Bonita21]

Please can I get help in completing the N244 form as I am going to make an application to suspend the eviction Please help me

 

Thank you

[Bonita21]

Please help me my mother has just called me my father has been hospitalized this morning due to being under so much work and working so hard he hasn't been taking his diabetes and blood pressure tablets! I'm scared I don't want anything to happen to my dad or his home! If anyone is online please help!

[Bona]

Im sorry to hear about your Dad please stay calm I have PM'd Ell-en as she is off line at the moment but she is the one to help you fill in the form

just stay on line were all here to help where abouts are you in the country

[Bonita21]

I live in central london! My poor father he has been working 6 days a week from 6am-7pm to pay the legal fees he is 62 and is very poor health!!

This situation is causing a lot of distress and we are finding it hard to cope!

[Ell-enn]

Hi there, I can help you with the N244. The most important part is Question 10. which is the statment and I will start to write that for you now.

 

In the meantime - Here are the instructions for completing the rest of the form:

 

1. Names

2. Tick Defendant

3. Suspension of eviction order pending result of fraud investigation.

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except the Applicant Believes

Sign and cross out all options except Applicants

11. Sign and cross out all options except Applicants. Enter address and contact details.

 

I'll be back in the next half hour or so with the statement for Q.10.

 

Your father is going to have to attend the hearing - you do know that? unless you can get the solicitor to go in his place.

 

Ell-enn