Lender Appealing suspended eviction order

[vickson]

Question to all legal eagles.

 

What rights does a mortgage lender have to appeal an order made by the judge to suspend eviction?

 

can they immediately apply for a warrant the day after the hearing?

[Bona]

Yes they can appeal an order but it must be within I think 14 days and there would be a hearing and if they win they can apply for the warrant whats the problem

[Bona]

Also they should have asked at the hearing for leave to appeal

[vickson]

Hi Bona, just an ongoing issue with my lender, (u know who)

they have put numerous charges and items on my account adding them to the arrears I know this is not right. . So anyway I was a few days late in making a payment because I had to leave the country -a sibling was seriously ill, then passed away. as usuall they immediately apply for possession even though i paid when i came back, they have done this to me twice now, they wont let me change the direct debit date so i always have to pay by card.

so anyway this time we went to court again, and the judge basically threw us out because they hadnt supplied the statement of arrears that the judge orderd last time to be brought to the review. anyway 30 minutes later and a fax through, then we go back into the judge.

 

so then the statement shows I have actually paid more than what was stated in the original order, so the judge basically is not pleased with the fact they have wasted court time and not supplied info on time, it was supposed to be 7 days before the review hearing.

 

anyway so the judge says costs not to be put on defendants account and the barrister(yes they brought a barrister from london this time) disputes that says its not fair etc, he wasnt instructed to bring in any information.

The judge was not happy at all and basically told them off and said no wonder your customer says they not getting any info from you and tells them off for buying a loan from a reputable company and then trying to change things like not letting me pay on a date i want to pay and also applying for warrants willy nilly when i have stuck to the arrangements.

 

The barrister tried to use various case law, to indicate to the judge that the arrears were not going to be paid in a reasonable time. However who is to prove what is reasonable-thats what the judge said.

 

anyway I get a call from the lender today saying that their represantative got it wrong so they are appealing. the judge upheld the previous order on the grounds that payments had been made according to the order.

 

Now ive been told I need to get proper legal represantation for this. I wont bother speaking to the lender as they will not listen and are determined to kick me out.

 

problem is i cant even complain to the fsa or fos because they are not registered as a mortgage provider just a broker.

 

terrible i know but i wish i was still with GMAC.

[chris600uk]

But, if a judge refuses leave to appeal, that in itself is a ground for appeal.

Although you'd have to have a pretty good case because I think it would start getting very expensive, with no guarantee of success.

 

There, that's my bit of legal trivia for the day...

[vickson]

Hi Chris I do not know if they have appealed yet, I just got a call to say they were apealling or on failure of that they would issue another warrant, am not sure if they would have grounds for issuing a warrant.

[Bona]

Sit tight this scare tactics when was the court case been through this keep paying and you should be OK. at the hearing did did they ask for leave to appeal

 

Youll be fine take care

Bona

[Bona]

Vickson

the note about being a brooker all persons who leand money have to be licensed if they are licensed they must be covered by som one