Sisters house repossessed and has now been burgled

[bostongirl]

Hi there everyone!!

Hoping someone can advise me here. I am posting on behalf of my sister who had her house repossessed about 3 week ago. Her and hubby fell behind with the mortgage (due to lending a so called friend money) anyway they ended up with a repo order, her hubby had anticipated on some money coming through before repo date. They were confident the money would come through so did not remove belongings from the home plus my sister had her 2nd child only two week before the repo order and was very unwell having gone trough 2 blood transfusions so they didnt really have much chance finding somewhere or even to be able to pack their belongings away. Anyway bro in law went to court on the day to try and get it delayed to no avail. My sister had to leave the home with baby in tow only managing to gather a few bits for baby nothing for herself or other daughter who was at school. Well the locksmith who came to change the locks spoke to BIL and sister on the side saying how you have to be careful as the lender of property (who was at the time going round the house taking pics ) can be very sly and come back to the house and steal bits and that they were thieving b*******. Anyhow the lender said they were giving them 2 week to come up with the money. BIL regularly checked up on the house only to find a small side window smashed so he boarded this up and rang the lender. they then sent the locksmith out again who boarded up. On 2 other occasions he found someone in the property one who was meant to be a surveyor ( on his own) whilst he was in there there were 2 guys looking through the window. BIL has gave 2/3rds of the money so have gave him an extra week to come up with the rest .well today he went and checked on the house only to find he has now been burgled! he could only see through the window to see that the tv and stuff has been taken together with the stand! he does not know what else has been taken. they smashed the back window to get stuff out. He has called the police but obviously the lender has the key!! BIL said they got in through the boarded window which he said was not secure enough as they only put one bolt through and smashed the back window to get out. I just want to know can anything be done? what are their rights, does the lender not have the responsibility to properly secure the property and does my sister have the right to check the house to see what has been taken? Im very sorry for the long post but I hope that from this that others dont make the same mistake and though i know it would have been difficult in my sisters position to pack up, i think it really is best to no matter how confident you are that you will get your property back to at least store your belongings somewhere until that time the stress of all this has really taken its toll on them all and then to face this aswell. BIL is convinced that its actually something to do with the locksmith rather than the lender! Any advice would be great ;-)

[intheblack]

This happened to me - I am glad to have confirmation that I was not dreaming it.

 

For information who was the lender and what did your sister do about it if anything?

 

If this has happened to anyone else I would like to make a survey of it for the press

[Lea_HTH]

Hi there everyone!!

Hoping someone can advise me here. I am posting on behalf of my sister who had her house repossessed about 3 week ago. Her and hubby fell behind with the mortgage (due to lending a so called friend money) anyway they ended up with a repo order, her hubby had anticipated on some money coming through before repo date. They were confident the money would come through so did not remove belongings from the home plus my sister had her 2nd child only two week before the repo order and was very unwell having gone trough 2 blood transfusions so they didnt really have much chance finding somewhere or even to be able to pack their belongings away. Anyway bro in law went to court on the day to try and get it delayed to no avail. My sister had to leave the home with baby in tow only managing to gather a few bits for baby nothing for herself or other daughter who was at school. Well the locksmith who came to change the locks spoke to BIL and sister on the side saying how you have to be careful as the lender of property (who was at the time going round the house taking pics ) can be very sly and come back to the house and steal bits and that they were thieving b*******. Anyhow the lender said they were giving them 2 week to come up with the money. BIL regularly checked up on the house only to find a small side window smashed so he boarded this up and rang the lender. they then sent the locksmith out again who boarded up. On 2 other occasions he found someone in the property one who was meant to be a surveyor ( on his own) whilst he was in there there were 2 guys looking through the window. BIL has gave 2/3rds of the money so have gave him an extra week to come up with the rest .well today he went and checked on the house only to find he has now been burgled! he could only see through the window to see that the tv and stuff has been taken together with the stand! he does not know what else has been taken. they smashed the back window to get stuff out. He has called the police but obviously the lender has the key!! BIL said they got in through the boarded window which he said was not secure enough as they only put one bolt through and smashed the back window to get out. I just want to know can anything be done? what are their rights, does the lender not have the responsibility to properly secure the property and does my sister have the right to check the house to see what has been taken? Im very sorry for the long post but I hope that from this that others dont make the same mistake and though i know it would have been difficult in my sisters position to pack up, i think it really is best to no matter how confident you are that you will get your property back to at least store your belongings somewhere until that time the stress of all this has really taken its toll on them all and then to face this aswell. BIL is convinced that its actually something to do with the locksmith rather than the lender! Any advice would be great ;-)

 

First of all, I am sorry your relatives have had a hard time. The lender should have ensured the property was secured effectively - they normally put metal shutters up over the doors and windows to ensure that houses are not stripped - even when empty of belongings houses still contain things that thieves can sell.

 

When a property is repossessed an agent is usually appointed, and the agent arranges insurance, so check with the lender whether this occurred. The difficulty may arise due to the fact that the lender had given you extra time to pay - but since they actually repossessed the property, that argument is not likely to stand.

 

I would tend to agree with your BIL's view that the locksmith assertions seem a bit odd - but ultimately it's the lender that will be responsible - unless they counter with a claim that you should have emptied the property prior to possession (which, despite all the issues, should have been done - and if not the day of the repossession, certainly shortly thereafter) - but that probably won't negate the lender's potential liability as they ought to have insurance.

 

Also check whether their own contents insurance might cover the losses - it's unlikely, but worth a quick ask.

 

Your sister should be allowed to gain entry to check what has been taken - but she will be escorted by someone from the agents appointed or from the lender. No one will allow her back in alone, as once in she could assert squatters rights and they would have to go back to court to evict her.

[intheblack]

hi

 

just to explain that the lender charges 500 pounds for these visits to collect belongings. I put my case into

appeal at court and so not wanting to lose money and assuming the house would be safe, I concentrated

on putting the court appeal (this whilst re housing myself) can anyone comment as to whether this is an

unlawful cost to charge you for re entry to collect goods? since my house was so big it required several

vists - at 500 a pop and a case to pay for - they really have got you havent they?

also I went back into my home because the front door lock was stuffed with paper hence house plundered.

court took no notice of this. second time round they put 7000 pounds for shuttering on the building

AND STILL LEFT A WINDOW OPEN !!! - I got a shortfall for 146.000 after them seling the house whilst it was

in appeal at the high court - any suggestions on this appreciated

[terriersaregreat]

Did the lender paste posters on the windows re contact address for collection of items? Or was your sister inormed who to contact re removal of possessions? Think its normal to allow 14 days for collection.

 

It is a break in the key should be with the agent of the lender. Police must be informed, you never know there might be connections to break ins at other repossessed property.

 

I know, not a friend, of a locksmith who sells at auctions and car boots. Makes you think doesn't it?

[intheblack]

i have had a property business - locksmiths can get in anywhere EASILY

what annoys me is that in a repossession case the defaulter is on the wrong

side of the tracks - the police DO NOT get involved. Therefore the property

and the persons possessions are prime material for looters - its disgusting

 

the banks also have an obligation to cut grass and make building attractive

(or their agents do) these are mcob rulings. What I dont get is why courts

dont take any of this into account.

 

Anyone facing repossession must get the FOS involved asap. Does anyone

know about court cases not going ahead if there are pending issues with

the financial ombudsman or if the borrower has any outstanding dispute

with the lender - this comes into force in JUNE 2011

 

Anyone who is being hurried in the courts it will be because of this legislation.

lenders act quick in their own interest - delay delay delay

I was repossessed before the interest rate went down - this was strategic

it was hurried througgh before legislation but I appealed and kept it in court.

[terriersaregreat]

Thanks for the info about the FOS that's very helpful.

[intheblack]

nota bene

 

the repossession pre protocol was in place 19/24 nov 2008 - my case was rushed through

before it by BMidshires - so the banks will step up before a legislation that will stop them -

like the disputes one coming in june. Also always ask for a copy of the original agreement -

they must produce it in 12 days or they are in breach (judge waxman ruling)

 

please can someone tell me whether the consumer credit act is applicable to first mortgages

[terriersaregreat]

Think I've seen that on a thread somewhere when I was looking for a relative. Think I followed a link and checked out the Consumer Credit Act. I'll see what I can find because your help has given me an idea for the relative who has already lost his home.

[terriersaregreat]

Hang on think I checked the agreement. The one I looked at was a legal charge supported by a CCA. Think there was some small print about the Consumer Credit Act.

 

Think the mortgage, well the tincy, wincy, small print will give you the info your after.

[intheblack]

Hang on think I checked the agreement. The one I looked at was a legal charge supported by a CCA. Think there was some small print about the Consumer Credit Act.

 

Think the mortgage, well the tincy, wincy, small print will give you the info your after.

 

thanks i just ran out to a financial advisors firm - it comes down to whether a loan is regulated or

unregulated. Over 25k is unregulated and not covered by CCA ?

 

There seems to be an anomaly with secured loans - they dont come under FSA even

over 25k they are a no mans land thing? please will someone from the site team

clarify if you please. Thank you

 

The lender is asking for my solicitors address - since they are 180 plus 480 per hour

I will gather the info myself. Do I have to tell them my acting solicitor?

[terriersaregreat]

Yes, I think that I found that out and was very disappointed. Relatives credit agreement was not signed.

[intheblack]

an unsigned credit agreement is bad news for the lender. They are cleaning up their

act because of the unfair relationship test in the CCA 2006